Case Note & Summary
Three writ petitions tagged together challenge the constitutional validity of Section 376-E of the Indian Penal Code, 1860 (IPC), inserted by the Criminal Law (Amendment) Act, 2013, which prescribes punishment for repeat offenders of specified sexual offences — imprisonment for the remainder of the person’s natural life or death. The petitioners, convicted in two sessions cases, were tried simultaneously. On 20 March 2014, conviction was pronounced. On 21 March 2014, life sentence was awarded in the first case; thereafter, the Special Public Prosecutor applied under Section 211(7) of the Code of Criminal Procedure, 1973 (CrPC) for framing charge under Section 376-E in the second case. The Sessions Court allowed the application on 24 March 2014. The petitioners filed writ petitions challenging the provision and the framing order. On 27 March 2014, the High Court issued notice to the Attorney General but did not stay the trial, keeping all questions open. The trial proceeded and the petitioners were awarded death sentence under Section 376-E. A third petition was filed by one of the convicts in 2018. The petitioners’ counsel argued that Section 376-E is unconstitutional on multiple grounds: it creates a new category of punishment, imprisonment for natural life, not found in Section 53 IPC; it denudes constitutional and statutory remission powers; it is disproportionately harsh compared to murder, violating Article 14; it indirectly imposes a mandatory death sentence, contrary to Mithu v. State of Punjab; it is arbitrary and discriminatory, lacking procedural implementation mechanism; and it is void for vagueness. Reliance was placed on several Supreme Court and other decisions. The matter was heard by a bench of Justices B.P. Dharmadhikari and Revati Mohite Dere, with Dr. Yug Mohit Chaudhary for the petitioners, the Advocate General for the State, Additional Solicitor General for the Union, and Amicus Curiae. The judgment was reserved on 5 March 2019 and pronounced on 3 June 2019. The court’s final decision and reasoning are not included in the provided text.
Issue of Consideration
Whether Section 376-E of the Indian Penal Code, 1860 is unconstitutional and violative of Articles 14 and 21 of the Constitution of India, 1950
Law Points
- Section 376-E IPC creates new category of punishment not listed in Section 53 IPC
- denudes constitutional and statutory powers of remission
- violates proportionality
- imposes mandatory death sentence
- discriminatory and arbitrary
- no procedural mechanism for execution
- void for vagueness
