A High Court can commute a death sentence to a lesser punishment, such as life imprisonment, if it finds the case does not meet the “rarest of rare” criteria for capital punishment. While a death sentence is often confirmed by the High Court, the power to commute it lies with the court or the appropriate government, though legal frameworks now focus on specific, less severe punishments like life imprisonment for death sentences. This action balances the severity of the crime with other factors like the possibility of reform and the accused’s background. [1, 2, 3, 4, 5] 
When the High Court can commute a death sentence

• Case does not meet “rarest of rare” criteria: The High Court can commute the death sentence if it determines the case does not fall into the “rarest of rare” category, as defined by Supreme Court precedent.
• Sentencing policy for reformative justice: The court may commute the sentence if it believes that awarding life imprisonment will meet the ends of justice, aligning with a sentencing policy for reformative rather than purely retributive justice.
• Factors influencing the decision: Judges consider factors such as the brutality of the offense alongside the accused’s age, socio-economic background, and potential for rehabilitation.
• Irreversible nature of the death penalty: Some High Courts have commuted death sentences to life imprisonment because the death penalty is an irreversible step that cannot be undone even if new evidence surfaces. [1, 4, 5, 6] 

How the High Court confirms or commutes a death sentence

• Confirmation: The High Court may confirm the death sentence passed by a lower court if the crime is considered particularly heinous.
• Commutation: The High Court can commute the sentence to a less severe punishment, such as life imprisonment.
• Postponement of execution: The High Court can order the postponement of the execution to allow the accused to file an appeal with the Supreme Court. [1, 4, 7] 

HighCourt Chandigarh Panchkula Mohali Punjab and Haryana Lawyer

Examples of commutation

• In a recent case, the Punjab and Haryana High Court commuted a death sentence to 30 years in prison for a man convicted of repeatedly raping his daughter, ruling his crime, though heinous, did not meet the “rarest of rare” standard.
• The Calcutta High Court commuted a death sentence to life imprisonment in a murder and dacoity case, emphasizing that judges should not be “bloodthirsty” and that the death penalty is an irreversible step. [1, 6] 

AI responses may include mistakes.

[1] https://www.facebook.com/theprintindia/posts/the-punjab-and-haryana-high-court-has-commuted-the-death-sentence-of-a-man-from-/788639920432891/
[2] https://bprd.nic.in/uploads/pdf/202401261015218869937CommutationorRemission.pdf
[3] https://restthecase.com/knowledge-bank/bns/section-5
[4] https://www.hindustantimes.com/india-news/hc-commutes-death-sentence-of-man-accused-of-killing-exgirlfriend-101764304236040.html
[5] https://timesofindia.indiatimes.com/city/chennai/stalkers-death-penalty-gets-commuted-to-20-years-in-jail/articleshow/125663105.cms
[6] https://www.livelaw.in/high-court/calcutta-high-court/death-penalty-is-irreversible-step-judges-should-never-be-bloodthirsty-calcutta-high-court-commutes-murder-sentence-300562
[7] https://devgan.in/crpc/chapter_32.php