Constitutionality of Section 364A of Indian Penal Code referred to Larger Bench: SC

In an interesting matter, the Supreme Court of India has referred a question to a Larger Bench (3 Judges) regarding the constitutional validity of Section 364A of Indian Penal Code (IPC).

Section 364A IPC permits the courts to award capital punishment for kidnapping-cum-murder for ransom. The Section was challenged on the ground that in as much as the same prescribes death sentence for a case of kidnapping for ransom the same is so harsh as to make it unreasonable and unfair and hence violative of Article 21 of the Constitution of India.

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