moot court problem

shugufta (Querist) 28 February 2017 This query is : Resolved
Sir kindly help me in making arguments for unconstitutionality of sec 303 of ipc

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KC AGGARWAL (Expert) 01 March 2017
It prescribes a different punishment for a person undergoing life sentence which fact has no nexus with the object sought to be achieved i.e. the reforming of an individual. The punishment of death penalty can be given only in rarest of rare case.Merely being a life convict does not make it a rare of rarest case. The life convict may have been found guilt of culpable homicide amounting to murder in such circumstances which are mitigating or extenuating circumstances. The benefit of the same cannot be denied to a person merely because he is undergoing life sentence.

Adv. Yogen Kakade (Expert) 01 March 2017
Rightly guided by mr. agrawal.. all the best

rajeev sharma (Expert) 01 March 2017
The question of constitutionality of section 303 was raised in Mithu v. State, on the ground that this section is violative of Articles 14 and 21 of the Constitution as it mandatorily provides capital punishment to an accused .The apex court speaking through Chief Justice Chandrachud, who delivered the judgment on behalf of four of the judges including himself, held that section 303 violates the guarantee of equality contained in Article 14 as also the right conferred by Article 21 that no person shall be deprived of his life or personal liberty except according to procedure established by law.
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