Judges, Speaking Of Death: Criminal Sentencing As A Socio-Cultural Practice In India’s Trial Courts

Classified as probably not a substantial claim. May combine two claims.

The phrase RoR appears exactly once in the majority opinion in Bachan Singh, in its concluding paragraphs, to describe the upshot of the sentencing framework and not as a carefully constructed legal litmus test.

“The phrase RoR appears exactly once in the majority opinion, and that too in its concluding paragraphs, to describe the upshot of the sentencing framework laid down in the judgement and not as a carefully constructed legal litmus test.”

• cites Bachan Singh v State of Punjab (1980) 2 SCC 684Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Their reasoning on deterrence appeared intuitive and declarative-a finding previously reported during interviews with former SCI judges.

“Their reasoning on deterrence appeared intuitive and declarative-a finding previously reported during interviews with former SCI judges.”

• cites [102]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing). May combine two claims.

One judge claimed that leniency would shatter people's confidence in the criminal justice system and also their confidence in the governance by Law.

“while one claimed that leniency would “shatter people's confidence” in the criminal justice system and also their “confidence in the governance by Law” [Judge 11].”

May combine two claims.

Such religious references framed the defendant's act as a moral betrayal, contrasting it against a culture said to boast of civility and preach love and compassion.

“Such religious references framed the defendant's act as a moral betrayal, contrasting it against a culture said to “boast of civility” and “preach love and compassion” [Judge 61].”

May combine two claims.

In one case where a defendant was sentenced to death for the rape of a 3-year-old girl, the trial judge dedicated a poem to the victim before stating that the death sentence could serve as an example to ensure the safety of women.

“Where one defendant was sentenced to death for the rape of a 3-year-old girl, the trial judge dedicated a poem to the victim, 125 before stating that the death sentence could serve as an example to ensure the safety of women [Judge 122].”

• cites [Judge 122]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Paragraphs citing Indian culture, custom and tradition mixed normative claims with emotional appeals, and were written for popular consumption.

“Paragraphs citing Indian culture, custom and tradition mixed normative claims with emotional appeals, and were written for popular consumption.123”

• cites [123]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The final Dataset included judgements from 20 states (out of a possible 22) and covered seven categories of offences.

“The final Dataset included judgements from 20 states (out of a possible 22) and covered seven categories of offences (see Table 2 in the Appendix).”

May combine two claims.

Through the analysed passages, society was portrayed as the collective victim of the offence, or as even more seriously impacted than the actual victims of the offence.

“Through these passages, society was portrayed as the collective victim of the offence, or as even more seriously impacted than the actual victims of the offence.”

Probably not a substantial claim: may not pass S3 (load-bearing).

These themes overlapped in judges' remarks.

“These themes overlapped in judges' remarks.”

May combine two claims.

They described crimes as rupturing relations of trust and social cohesion and chastised defendants for acting out of purely selfish or egotistical motives in violation of community ties.

“They described crimes as rupturing relations of trust and social cohesion and chastised defendants for acting out of purely selfish or egotistical motives in violation of community ties.”

May combine two claims.

Some judgements connected male defendants' actions to breaches of culturally coded masculine duties - those of a husband, brother, or father - and threaded in references to festivals that celebrated such duties.

“Some judgements, such as this one by this female judge, connected male defendants' actions to breaches of culturally coded masculine duties -those of a husband, brother, or father, and threaded in references to festivals that celebrated such duties:”

• cites [Judge 111]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Trial judges overwhelmingly relied on justificatory rhetoric, discussed under three broad themes: societal justifications, moralising discourse, and references to Indian culture, custom, values, and tradition.

“Trial judges overwhelmingly relied on what I term justificatory rhetoric 94 -discussed here under three broad themes: i) societal justifications, ii) moralising discourse, and iii) references to Indian culture, custom, values, and tradition.”

• cites [94]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

According to other judges, Vedic Hindu scriptures prescribed that the responsibility to protect a girl shifts from her parents during infancy to her brother when she is over 12 years, and eventually to her husband once she is married.

“According to other judges [Judge 127, Judge 6, Judge 96], Vedic Hindu scriptures prescribed that the responsibility to protect a girl shifts from her parents during infancy to her brother when she is over 12 years, and eventually to her husband once she is married.”

• cites [Judge 127, Judge 6, Judge 96]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A handful of judges were careful not to rely on societal justifications so heavily as to undermine their perceived role as independent arbiters, or be seen as decision-makers who fixated on one or two penological principles to the exclusion of others.

“A handful of judges were careful not to rely on societal justifications so heavily as to undermine their perceived role as independent arbiters, or be seen as decision-makers who fixated on one or two penological principles to the exclusion of others.”

Probably not a substantial claim: may not pass S3 (load-bearing).

In one case, the judge questioned how justice could be perceived if both the murder of an adult woman and the rape and murder of a young girl resulted in the same sentence of life imprisonment.

“In one case, the judge questioned how justice could be perceived if both the murder of an adult woman and the rape and murder of a young girl resulted in the same sentence of life imprisonment.”

May combine two claims.

Most judges made use of more than one theme in the same judgement, and individual passages of reasoning did not always fit neatly into a single category.

“Most judges made use of more than one theme in the same judgement, and individual passages of reasoning did not always fit neatly into a single category.”

May combine two claims.

Some judges described rape as 'the greatest humiliation to womanhood' in a country where 'women are worshipped as goddesses', and repeatedly called younger victims 'goddess-like girls'.

“Some judges described rape, for instance, as”

• cites [Judge 95, Judge 22]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [Judge 67]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A related set of judgements used several patriarchal tropes to describe women and when discussing sexual violence, while simultaneously containing surface-level progressive rhetoric about empowering women and promoting gender equality.

“A related set of judgements used several patriarchal tropes to describe women and when discussing sexual violence, while simultaneously containing surface-level progressive rhetoric about supposedly empowering women and promoting gender equality.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Others described death as necessary to restore breached social trust.

“Others described death as necessary to restore breached social trust [Judge 21]”

Probably not a substantial claim: may not pass S3 (load-bearing).

The judge devoted several pages to discussing caste as 'a curse on the nation.'

“Here, the judge devoted several pages to discussing caste as “a curse on the nation:””

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

A judge quoted Shakespeare to describe murders in a case as 'most foul' and another borrowed from Lady Macbeth to remark how 'all the perfumes of Arabia will not sweeten and clean the smell of blood' (on the defendant's hands).

“For example, a judge quoted Shakespeare to describe murders in a case as “most foul” [Judge 89] and another borrowed from Lady Macbeth to remark how “all the perfumes of Arabia will not sweeten and clean the smell of blood” (on the defendant's hands) [Judge 8].”

May combine two claims.

Some judges borrowed biblical idioms to reflect on 'the sanctity of human life' and to censure defendants for robbing victims of their chance to 'receive sustenance of the fruits in the embellishment' and to 'divert from legal analysis.'

“Some judges borrowed biblical idioms to reflect on “the sanctity of human life,” [Judge 41] and to censure defendants for robbing victims of their chance to “receive sustenance of the fruits in the embellishment” and to “divert from legal analysis,” 121 strategies that other researchers have previously identified in judicial discourse.”

• cites [121]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Some trial judges reduced defendants to moral caricatures with solely negative traits while going to great lengths to humanise victims' experiences.

“Some reduced defendants to moral caricatures with solely negative traits while going to great lengths to humanise victims' experiences.”

Probably not a substantial claim: may not pass S3 (load-bearing).

This moral framing intensified when casteism was conceived as a kind of social contagion and a belief system sustained by those who lacked 'basic human feelings.'

“This moral framing intensified when casteism was conceived as a kind of social contagion and a belief system sustained by those who lacked “basic human feelings.””

Probably not a substantial claim: may not pass S3 (load-bearing).

The Dataset included defendants with vulnerability indicators as listed in Table 5, including manual casual labourers, low-paying employment, unemployment, and other profiles.

“Table 5 : Vulnerability indicators among defendants in the 147 sentencing transcripts 157There are 127 unique judges in the 147 sentencing transcripts.15judgesdecided more than one case, appearing in between 2 and 5 cases each.157Thesecategorisations are not mutually exclusive and this list is illustrative, not exhaustive.”

• cites Table 5Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

At times, this rhetoric was of a more theatrical character.

“At times, this rhetoric was of a more theatrical character.”

May combine two claims.

The analysis showed judges twisted and cherry-picked precedent to advance their own versions of the RoR doctrine, and turned to legitimising narratives and rhetorical strategies to convince their audiences.

“Not only did they twist and cherry-pick precedent to advance their own versions of the RoR doctrine-traceable, in part, to the doctrine's own pitfalls-they turned to legitimising narratives and rhetorical strategies to convince their audiences.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

These lectures lamented rising crime rates (sometimes along with vague references to national crime statistics) and the 'derogatory impact [of these crimes] upon demoralization of the nation's values and morals.'

“These lectures lamented rising crime rates (sometimes along with vague references to national crime statistics) and the “derogatory impact [of these crimes] upon demoralization of the nation's values and morals” [Judge 53].”

Probably not a substantial claim: may not pass S4 (based).

In the Dataset examined, words did a lot of work for trial judges, helping to offload at least some of their cognitive burden onto justificatory rhetoric.

“In the Dataset examined, words did a lot of work for trial judges, helping to offload at least some of their cognitive burden onto justificatory rhetoric.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Others used their remarks to deliver, in a patronising tone, what Rajgopal Saikumar terms 'mini lectures on socio-political contexts.'

“Others used their remarks to deliver, in a patronising tone, what Rajgopal Saikumar terms “mini lectures on socio-political contexts.”118”

• cites [118]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Some judges (including female judges) described the experience of adjudicating serious sexual violence cases as 'an eye-opener,' portraying themselves as public servants on a broader mission to curb violence against women.

“Some judges (including female judges) described the experience of adjudicating serious sexual violence cases as “an eye-opener,” [Judge 38] portraying themselves as public servants on a broader mission to curb violence against women.”

May combine two claims.

Trial judges typically mentioned or listed vulnerability indicators in passing or evaluated them perfunctorily, showing how mitigation evidence was continuously downplayed at the cost of using justificatory rhetoric.

“Trial judges typically mentioned or listed these indicators in passing or evaluated them perfunctorily, again showing how mitigation evidence was continuously downplayed at the cost of using justificatory rhetoric.”

May combine two claims.

The judge devoted almost no effort to evaluating aggravating and mitigating factors, or to explaining how these weighed against the specific facts of the case.

“Shockingly, the judge devoted almost no effort to evaluating aggravating and mitigating factors, or to explaining how these weighed against the specific facts of the case.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The cases in this Dataset were decided predominantly by male judges (76.2%, n=112).

“It is worth noting that the cases in this Dataset were decided predominantly by male judges (76.2%, n=112; see Table 4 in the Appendix), likely reflecting the poorer representation of women in India's lower judiciary.”

May combine two claims.

In many verdicts, the language employed was theatrical, sanctimonious and reductive, and included personal commentary or extended monologues that had little to do with the factual record or law.

“In many verdicts, the language employed was theatrical, sanctimonious and reductive, and included personal commentary or extended monologues that had little to do with the factual record or law.”

Probably not a substantial claim: may not pass S2 (checkable).

That judges nonetheless made sweeping, at times provocative extra-legal claims in this constrained working environment is analytically significant.

“That judges nonetheless made sweeping, at times provocative extra-legal claims in this constrained working environment is analytically significant.”

May combine two claims.

Moral justifications helped signal disgust, revulsion, and indignation towards defendants, while expressing great sympathy for victims and their families.

“Moral justifications helped signal disgust, revulsion, and indignation towards defendants, while expressing great sympathy for victims and their families.”

Probably not a substantial claim: may not pass S3 (load-bearing).

One judgement engaged in wordplay, referring to how a defendant employed by 'Paradyes Co.' had brought 'Hell' upon his victims.

“One judgement even engaged in wordplay, referring to how a defendant employed by “Paradyes Co.” had brought “Hell” upon his victims [Judge 35].”

Classified as probably not a substantial claim. May combine two claims.

Judges claimed to have a strong grasp of the public pulse and asserted that they were bound to honour the trust reposed in the justice system-that is, that the court had a responsibility to impose the 'right' sentence.

“Judges claimed to have a strong grasp of the public pulse and baldly asserted that they were bound to honour the trust reposed in the justice system -that is, that the court had a responsibility to impose the “right” sentence.”

May combine two claims.

This group of judges expended considerable effort to convince their audiences that their sentences fell within the contours of publicly acceptable punishment and were in line with society's perceived wishes.

“This group expended considerable effort to convince their audiences that their sentences fell within the contours of publicly acceptable punishment and were in line with society's perceived wishes.”

May combine two claims.

The use of several discursive strategies helped to bolster the outward justness of a trial judge's sentencing choices, and contained subtle messaging about what perceptions about the death penalty ought to be beyond the courtroom.

“The use of several discursive strategies helped to bolster the outward”

• cites [143]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

One verdict cited multiple pages of precedent and legislative text to justify adopting a purposive approach so that legislative and judicial approaches are well harmonised.

“One verdict, for instance, cited multiple pages of precedent and legislative text to justify adopting a purposive approach so that legislative and judicial approaches are well harmonised”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In one case involving sexual violence, the judge declared the death penalty as a strategy to 'wipe out the male chauvinistic mentality of objectifying women,' to assure women 'equal rights provided by the Constitution,' to 'enhance brotherhood' and 'create a perspective with which men see women as a mother, a sister and a daughter.'

“In one case involving sexual violence, the judge declared the death penalty as a strategy to “wipe out the male chauvinistic mentality of objectifying women,” to assure women “equal rights provided by the Constitution,” to “enhance brotherhood” and “create a perspective with which men see women as a mother, a sister and a daughter” [Judge 11].”

Probably not a substantial claim: may not pass S3 (load-bearing).

In one such judgement, the accused were convicted of murdering three young men from a Scheduled Caste.

“In one such judgement, the accused were convicted of murdering three young men from a Scheduled Caste.”

Classified as probably not a substantial claim. May combine two claims.

The 147 sentencing transcripts include 204 defendants, 147 cases, and 206 death sentences.

“Table 1: Distribution of defendants, cases, and death sentences in the 147 sentencing transcripts Number of defendants Number of cases Number of death sentences 204 147 206”

• cites Table 1Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Very similar narratives ran through many of the remarks in this Dataset.

“Very similar narratives ran through many of the remarks in this Dataset.”

May combine two claims.

Their justificatory rhetoric relied heavily on extra-legal factors and illustrated a hodgepodge of one-sided normative reasoning, often underpinned by expressions of outrage tainted with retributive ideas of just deserts.

“Their justificatory rhetoric relied heavily on SOCIO-LEGAL REVIEW VOL.22(1) extra-legal factors and illustrated a hodgepodge of one-sided normative reasoning, often underpinned by expressions of outrage tainted with retributive ideas of just deserts.”

May combine two claims.

Death penalty jurisprudence in India today displays a pattern of alarming contradictions, doctrinal incoherence, and arbitrary decision-making.

“Death penalty jurisprudence in India today displays a pattern of alarming contradictions, doctrinal incoherence, and arbitrary decision-making.”

Probably not a substantial claim: may not pass S4 (based).

Capital trials are emotionally charged environments.

“Capital trials are emotionally charged environments.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

This process involves investigating each defendant's precise blameworthiness and is integral to upholding an accused's right to a fair trial.

“This process involves investigating each defendant's precise blameworthiness and is integral to upholding an accused's right to a fair trial.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Socio-legal scholars such as Austin Sarat and Neil Hutton have argued that socio-cultural inquiries of sentencing can be beneficial and are worthy of attention in their own right.

“Socio-legal scholars such as Austin Sarat and Neil Hutton 35 have argued that such socio-cultural inquiries of sentencing can be beneficial and are worthy of attention in their own right.36”

• cites [35]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [36]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Studies have shown that judges at both trial and appellate levels are frequently uncertain about the role of mitigating evidence and engage only in perfunctory evaluations of this evidence.

“In practice, however, studies have shown that judges at both trial and appellate levels are frequently uncertain about the role of mitigating evidence and engage only in perfunctory evaluations of this evidence.”

Probably not a substantial claim: may not pass S3 (load-bearing).

A 2017 study interviewed 60 former Supreme Court of India judges, many of whom openly acknowledged confusion about the content and application of the RoR doctrine.

“Some of these concerns are echoed in a 2017 study that interviewed 60 former SCI judges, many of whom openly acknowledged confusion about the content and application of the RoR doctrine.17”

• cites [17]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S1 (asserted).

The vagueness in Bachan Singh is not a flaw that can be overlooked but one that has inevitably produced errors and inconsistencies in subsequent death penalty judgements.

“Scholars have therefore argued that the vagueness in Bachan Singh is not a flaw that can be overlooked but one that has inevitably produced errors and inconsistencies in subsequent death penalty judgements.”

• cites Surendranath and others, 'The Enduring Gaps and Errors' (n 5) 51-53Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Surendranath and others (n 6) 112-114Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Surendranath and others (n 4)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Judges can both influence and be influenced by formal and informal norms.

“Indeed, judges can both influence and be influenced by these formal and informal norms.”

May combine two claims.

India's capital sentencing framework today can be traced back to the SCI's decision in Bachan Singh, where the Court upheld the constitutionality of the death penalty and articulated the RoR doctrine.

“India's capital sentencing framework today can be traced back to the SCI's decision in Bachan Singh, where the Court upheld the constitutionality of the death penalty and articulated what has since come to be known as the RoR doctrine.”

• cites Bachan Singh v State of Punjab (1980) 2 SCC 684Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Judges regularly place disproportionate emphasis on aggravating factors, often accompanied by retributive language couched in legal terms.

“Judges regularly place disproportionate emphasis on aggravating factors, often accompanied by retributive language couched in legal terms.”

Classified as probably not a substantial claim. May combine two claims.

These narratives actively and passively constitute ideas about blameworthiness, demarcate what is or is not socially acceptable, and define what amounts to proportionate punishment.

“These narratives actively and passively constitute ideas about blameworthiness, demarcate what is or is not socially acceptable, and define what amounts to proportionate punishment.40”

• cites [40]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In the last ten years, High Courts acquitted 326 persons in 191 capital cases, making acquittals nearly four times more likely than confirmations.

“In empirical terms, in the last ten years, High Courts confirmed only 9.7% of the 1,085 death sentences imposed by trial judges that came before them for review; they acquitted 326 persons in 191 capital cases, making acquittals nearly four times more likely than confirmations.”

• cites The Square Circle Clinic, NALSAR University of Law, Hyderabad, Death Penalty in India: Annual Statistics Report 2025 & 10 Years of Death Penalty Data (2016-2025)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

This means evaluating mitigation evidence in a way that considers a defendant's biopsychosocial, cultural and socioeconomic life circumstances to individualise punishment.

“This means evaluating mitigation evidence in a way that considers a defendant's biopsychosocial, cultural and socioeconomic life circumstances to individualise punishment.”

May combine two claims.

Trial courts in India have only recently begun receiving empirical attention, and much of this work has adopted largely doctrinal approaches.

“Trial courts in India have only recently begun receiving empirical attention, and much of this work has adopted largely doctrinal approaches.”

• cites Anup Surendranath and others, 'Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh & Maharashtra (2000-2015)' (Project 39A, NLU Delhi 2020)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Hrishika Jain and others, 'Death Penalty Sentencing in Indian Trial Courts (2018-2020)' (Project 39A, NLU Delhi 2022)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Sarat has characterised capital trials as choreographed rituals of justice, where judges perform and enact punishment through legal and institutional arrangements.

“Sarat has characterised these trials as choreographed rituals of justice, where judges perform and enact punishment through legal and institutional arrangements.45”

• cites [45]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Without operational guidance on what these safeguards mean, they become aspirational.

“Again, without operational guidance on what this means, these safeguards become aspirational.”

Classified as probably not a substantial claim. May combine two claims.

Sentencers may defend or attack specific notions of justice, draw moral boundaries between good and evil, and offer normative justifications that render punishment intelligible and defensible.

“First, sentencers may defend or attack specific notions of justice, 37 draw moral boundaries between good and evil, 38 and offer normative justifications that render punishment intelligible and defensible.39”

• cites [37]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [38]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [39]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Some judges in the 2017 study called due process deficiencies 'necessary evils'.

“Still, they called these deficiencies “necessary evils,” 18”

• cites [18]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The findings in this Article broadly agree with critiques of India's capital sentencing regime and in some instances provide further illustration of the problems those critiques identify.

“The findings in this Article broadly agree with the above critiques of India's capital sentencing regime, and in some instances, provide further illustration of the problems they identify.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Other scholars have described capital trials as 'cultural artefacts' that help 'create and re-create' how people think and talk about crime and punishment.

“Other scholars have similarly described capital trials as “cultural artefacts” that help “create and re-create” how people think and talk about crime and punishment.46”

• cites [46]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

In Indian trial courts, a judge's verdict constitutes the law's most irreversible assertion of coercive authority.

“My analysis asks if and how such cultural work is carried out in the everyday reasoning of Indian trial courts, where a judge's verdict constitutes the law's most irreversible assertion of coercive authority.”

Classified as probably not a substantial claim.

The RoR doctrine in Bachan Singh was never defined with any precision.

“The RoR doctrine in Bachan Singh was never defined with any precision to begin with.”

• cites Bachan Singh v State of Punjab (1980) 2 SCC 684Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Some judges in the 2017 study said the Indian psyche was not yet ready for abolition.

“and said, “the Indian psyche was not yet ready for abolition,” 19”

• cites [19]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Capital trials evoke intense feelings such as anger, pain, and mercy, and demand assessments of guilt and innocence, clarifying beliefs about morality and free will, and making complex judgements about human behaviour.

“They evoke intense feelings such as anger, pain, and mercy, and demand assessments of guilt and innocence, clarifying beliefs about morality and free will, and making complex judgements about human behaviour.44”

• cites [44]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Doctrinal and philosophical approaches tell us relatively little about sentencing as a social and cultural practice integrated into institutional routines, communicative norms, and shared moral sensibilities.

“Notably, these approaches tell us relatively little about sentencing as a social and cultural practice; one integrated into institutional routines, communicative norms, and shared moral sensibilities.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Some judges in the 2017 study said the death penalty as a punishment helps uphold society's faith in the justice system, no matter how unreliable, overburdened, and under-resourced the system.

“or that the death penalty as a punishment helps uphold society's faith in the justice system, no matter how unreliable, overburdened, and under-resourced the system.20”

• cites [20]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Cyrus Tata makes an important distinction between sentencing as a procedure versus as a process.

“Cyrus Tata's conceptualisation of sentencing as “social craftwork” is also instructive.30 Tata makes an important distinction between sentencing as a procedure versus as a process.”

• cites [30]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Capital punishment presents a fertile site for socio-cultural analysis because of the distinctive moral, emotional, and symbolic weight it carries.

“Capital punishment presents a fertile site for socio-cultural analysis because of the distinctive moral, emotional, and symbolic weight it carries.”

Probably not a substantial claim: may not pass S2 (checkable).

Scrutinising how important meanings are constructed, communicated, and represented by legal actors helps scholars deconstruct 'taken-for-granted' assumptions and values that underpin how their decisions are made as well as justified.

“Second, scrutinising how important meanings are constructed, communicated, and represented by legal actors helps scholars deconstruct “taken-for-granted” assumptions and values that underpin how their decisions are made as well as justified.41”

• cites [41]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Some judges in the 2017 study admitted awareness of incidents of custodial torture and other abuses of due process from the pretrial to sentencing stages.

“Some judges, for example, admitted to being aware of incidents of custodial torture and other abuses of due process from the pretrial to sentencing stages.”

• cites [18]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Garland's work stresses the need to analyse sentencing decisions for what they do and for the effects they produce, not merely what they decide.

“which stresses the need to analyse sentencing decisions for what they do, and for the effects they produce, and not merely what they decide.”

• cites [28]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [29]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Some former Supreme Court of India judges in the 2017 study, despite awareness of issues plaguing capital sentencing in India, offered utilitarian justifications for retaining the death penalty.

“Paradoxically, some interviewees, despite their awareness of the issues plaguing capital sentencing in India, offered utilitarian justifications for retaining the death penalty.”

• cites [17]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Garland's work offers an insight into sentencing as a legal process and a mechanism through which the state communicates ideas about justice, authority, and social order.

“His work offers an insight into sentencing as a legal process and a mechanism through which the state communicates ideas about justice, authority, and social order.”

• cites [28]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Existing empirical scholarship in India has tended to focus on appellate courts and case outcomes, as opposed to the process of crafting a sentencing verdict.

“As the following section discusses, existing empirical scholarship in India has tended to focus on appellate courts and case outcomes, as opposed to the process of crafting a sentencing verdict.”

Classified as probably not a substantial claim.

Project 39A's quantitative analysis illustrated sizeable disparities in sentencing practices across states and offence types.

“Project 39A's quantitative analysis illustrated sizeable disparities in sentencing practices across states and offence types”

• cites [80]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The SCI had previously identified errors in these cases, including an undue focus on the offence itself and failing to consider circumstances relevant to understanding a defendant's background.

“The SCI had previously identified errors in these cases, including an undue focus on the offence itself and failing to consider circumstances relevant to understanding a defendant's background.”

• cites Project 39A (2020)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The Court reiterated the importance of gathering well-documented and timely mitigation material (from both the accused and the state) at the trial stage, to avoid judges making backwards-looking assessments of an accused's reformative progress after conviction.

“The Court reiterated the importance of gathering well-documented and timely mitigation material (from both the accused and the state) at the trial stage, to avoid judges making backwards-looking assessments of an accused's reformative progress after conviction.”

• cites ManojNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

This material includes assessments from probation officer reports, updated psychiatric and psychological evaluations, and information about an accused's conduct in jail.

“This material includes assessments from probation officer reports, updated psychiatric and psychological evaluations, and information about an accused's conduct in jail.”

• cites ManojNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

This discourse subtly conveyed to the reader how to feel about the crime, what kind of people the offenders and victims were, and how they should be treated, which then led to justifying the exact or only punishment that would do justice to both parties.

“Moreover, this discourse subtly conveyed to the reader how to feel about the crime, what kind of people the offenders and victims were, and how they should be treated, which then led to justifying the exact or only punishment that would do justice to both parties.”

May combine two claims.

By appealing to recognisable cultural narratives in their decisions, trial judges relied extensively on extra-legal factors to make a favourable case for imposing capital punishment and to persuade multiple audiences that capital punishment was imperative under the circumstances of each case.

“By appealing to recognisable cultural narratives in their decisions, trial judges managed to rely extensively on extra-legal factors to make a favourable case for imposing capital punishment, and simultaneously connect with and persuade multiple audiences that capital punishment was imperative, under the circumstances of each case.”

Classified as probably not a substantial claim.

The judgements are reliable sources for examining the reasoning, language, and justificatory narratives judges placed on record.

“I found these accounts to be reliable sources for examining the reasoning, language, and justificatory narratives judges placed on record.”

May combine two claims.

The former demanded that sentencing be shielded from the volatility of popular opinion, while the latter gave voice to it.

“The former demanded that sentencing be shielded from the volatility of popular opinion, while the latter gave voice to it.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Having previously supported litigation in capital cases in Project 39A, I was mindful of the risk of confirmation bias and of overly privileging my viewpoints.

“Having previously supported litigation in capital cases in Project 39A, I was mindful of the risk of confirmation bias and of overly privileging my viewpoints.89”

• cites [89]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The high volume of such statements in the Dataset suggests that many judges were conscious of their persuasive power and rhetorical appeal, likely believing that describing such ideals of honour, protection and morality would appeal to a society sympathetic to these values.

“However, the high volume of such statements in the Dataset suggests that many judges were conscious of their persuasive power and rhetorical appeal; likely believing that describing such ideals of honour, protection and morality, even if performatively or as literary flourishes, would appeal to a society sympathetic to these values.”

May combine two claims.

Morality turned the death penalty into a symbol of justice, and at the same time, marginalised mitigating circumstances or rendered them irrelevant to the sentencing outcome.

“morality turned the death penalty into a symbol of justice, and at the same time, marginalised mitigating circumstances or rendered them irrelevant to the sentencing outcome.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Trial judges took on the role of justice-keepers, who were preventing society's denigration from perenniality into peril and guarding against the breakdown of the pillars of societal relations.

“Trial judges took on the role of justice-keepers, 105 who were preventing “society's denigration from perenniality into peril” [Judge 61] and guarding against “the breakdown of the pillars of societal relations” [Judge 111].”

Probably not a substantial claim: may not pass S3 (load-bearing).

In the Indian social environment, the Manusmriti maxim 'स्त्री मूलं हि धर्म:' (the root of Dharma is woman) is very important.

“In the Indian social environment, the following maxim of Manusmriti is very important that -”

• cites Uma Chakravarti, 'The Formation of Patriarchy and the Subordination of Women' in Gendering Caste Through a Feminist Lens (Popular Prakashan 2003) ch 4Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Qualitative methods allow for a context-sensitive exploration of meaning-making processes.

“These methods allow for a context-sensitive exploration of meaning-making processes.”

Classified as probably not a substantial claim.

Scholars have chronicled the dangers of using vivid expressions of public mood as a heuristic.

“Scholars have chronicled the dangers of using vivid expressions of public mood as a heuristic.99”

• cites [99]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Wherever possible, in my findings, I included exact quotations from the original transcripts to enhance the validity and credibility of my findings.

“Wherever possible, in my findings, I included exact quotations from the original transcripts to enhance the validity and credibility of my findings.91”

• cites [91]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Arbitrariness and inconsistency were observed not only across regions but also within state and offence types themselves.

“In other words, arbitrariness and inconsistency were observed not only across regions but also within state and offence types themselves.”

• cites [80]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The exclusion of non-English judgements is a limitation of this research and carries analytical consequences when studying a multilingual legal system such as India's.

“The exclusion of non-English judgements is therefore a limitation of this research and carries analytical consequences when studying a multilingual legal system such as India's.”

• AssumptionRests on an assumption: Language is not a neutral medium in discourse analysis but is itself a socio-cultural marker that can influence how legal authority, moral reasoning, and legitimacy are articulated.

Classified as probably not a substantial claim. May combine two claims.

The SCI's judgement in Manoj did not answer how, for instance, a history of childhood trauma or mental illness should affect a court's evaluation of moral blameworthiness, or what evidentiary threshold must be crossed before a court can.

“The SCI's judgement in Manoj did not answer how, for instance, a history of childhood trauma or mental illness should affect a court's evaluation of moral blameworthiness, or what evidentiary threshold must be crossed before a court can”

• cites ManojNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

As courts of first instance, trial courts are responsible for recording and evaluating a large body of evidence, making determinations of culpability and imposing proportionate punishment based on the detailed evidence gathered and assessed.

“As courts of first instance, they are responsible for recording and evaluating a large body of evidence, making determinations of culpability and imposing proportionate punishment based on the detailed evidence gathered and assessed.”

• cites The Bharatiya Nagarik Suraksha Sanhita, 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Decisions by district judges were overwhelmingly crimecentric, used inconsistent interpretations of the RoR doctrine, and defaulted to reducing the circumstances of the accused to the crime itself.

“Decisions by district judges were overwhelmingly crimecentric, used inconsistent interpretations of the RoR doctrine, and defaulted to reducing the circumstances of the accused to the crime itself.”

• cites Project 39A (2022)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Capital punishment, here, was shown to be the only natural and logical response to quell intense and extreme indignation petrifying the entire community, a narrative technique Eckert calls retaliatory reasoning.

“Capital punishment, here, was shown to be the only natural and logical response to quell “intense and extreme indignation petrifying the entire community,” [Judge 54] a narrative technique Eckert calls retaliatory reasoning.”

• cites EckertNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Bachan Singh discussed the idea of harm to society when adjudicating the constitutionality of the death penalty as a form of punishment.

“Bachan Singh discussed the idea of harm to society when adjudicating the constitutionality of the death penalty as a form of punishment.96”

• cites [96]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The patterned inconsistency in sentencing reasoning formed the core concern of the analysis, and it was unlikely to be skewed by regional variation in sentencing practices.

“It is this patterned inconsistency in sentencing reasoning that formed the core concern of my analysis, and it was unlikely to be skewed by regional variation in sentencing practices.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Saikumar's analysis is limited and draws on only two cases, both from the SCI.

“However, this analysis is limited and draws on only two cases, both from the SCI.”

• cites Rajgopal SaikumarNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Project 39A conducted a study across three Indian states, which was one of the first to show how trial court sentencing in capital cases often rests on shaky foundations.

“first to show how trial court sentencing in capital cases often rests on shaky foundations.”

• cites Project 39A (2020)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

This use of such metaphorical language is consistent with what Garland has referred to as pro-death discourse, a way to justify extreme punishment as a necessary mechanism for restoring social equilibrium.

“This use of such metaphorical language is consistent with what Garland has referred to as “pro-death discourse,” a way to justify extreme punishment as a “necessary mechanism for restoring social equilibrium.””

• cites GarlandNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Retributivism, taken seriously, demands an account of how the gravity of the specific wrong justifies the punishment imposed, and why no lesser punishment would suffice.

“Retributivism, taken seriously, demands an account of how the gravity of the specific wrong justifies the punishment imposed, and why no lesser punishment would suffice.106”

• cites Michael S Moore, 'Justifying Retributivism' (1993) 27(1-2) Israel Law Review 15.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Although studies cite narrative excerpts and describe flawed reasons lower courts provide for imposing death sentences, they leave open whether and how these narratives may play a role in producing some of these patterns.

“although these studies cite narrative excerpts from trials and describe the flawed reasons lower courts provide for imposing death sentences, 62 they leave open the question of whether and how these narratives themselves may play a role in producing some of these patterns.63”

• cites [62]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [63]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Retributive and utilitarian justifications dominated trial judges' reasoning in these cases, and decisions failed to individualise punishment or consider alternatives such as life imprisonment.

“Retributive and utilitarian justifications dominated trial judges' reasoning in these cases, and decisions failed to individualise punishment or consider alternatives such as life imprisonment.”

• cites Vishwanath (2023)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The viscerality of the Manusmriti text sets the judge up to call for the 'rooting out of serious evil' and to connect that framing to the need to impose the harshest penalty possible.

“The viscerality of this text sets the judge up to call for the”

May combine two claims.

Trial courts rarely evaluated mitigation evidence and applied precedents mechanically without providing individualised reasons for their sentences.

“Trial courts rarely evaluated mitigation evidence and applied precedents mechanically without providing individualised reasons for their sentences.”

• cites Project 39A (2022)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Neetika Vishwanath's qualitative analysis of 85 judgements in capital cases involving child rape reached similar conclusions.

“See also Neetika Vishwanath's qualitative analysis of 85 judgements in capital cases involving child rape, which reached similar conclusions.”

• cites Vishwanath (2023)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Though not possible to decipher a trial judge's intuitive beliefs about deterrence solely from her remarks, the sheer extent of this reasoning in the Dataset demonstrates its role as a convenient rhetorical device, one that was used to present capital punishment as socially necessary without needing to substantiate such a claim.

“Though not possible to decipher a trial judge's intuitive beliefs about deterrence solely from her remarks, the sheer extent of this reasoning in the Dataset demonstrates its role as a convenient rhetorical device, one that was used to present capital punishment as socially necessary without needing to substantiate such a claim.”

May combine two claims.

These remarks depict the crime through the idea that women are valuable because they are to be guarded and protected, not because they are autonomous, agentic individuals whose rights were violated.

“These remarks depict the crime through the idea that women are valuable because they are to be guarded and protected, not because they are autonomous, agentic individuals whose rights were violated.”

May combine two claims.

This language actively sought to shape and reinforce wider understandings of gendered honour, community trust and kinship, and religious morality, and parallelly to justify the killing of anyone who threatened cherished values.

“This language actively sought to shape and reinforce wider understandings of gendered honour, community trust and kinship, and religious morality, and parallelly justify the killing of anyone who threatened cherished values.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The Manusmriti prescribes a woman's permanent subordination to male guardianship and treats her sexuality as a resource to be managed in the service of caste purity.

“The Manusmriti prescribes a woman's permanent subordination to male guardianship and treats her sexuality as a resource to be managed in the service of caste purity.”

• cites Uma Chakravarti, 'The Formation of Patriarchy and the Subordination of Women' in Gendering Caste Through a Feminist Lens (Popular Prakashan 2003) ch 4Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Crimes can cause societal harm, and punishment may pursue goals linked to social utility, are well recognised as valid penological justifications in legal and criminological scholarship.

“That crimes can cause societal harm, or that punishment may pursue goals linked to social utility, are well recognised as valid penological justifications in legal and criminological scholarship.”

• cites [96]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The paper's analysis is anchored in an understanding that sentencing narratives can play a role in constructing, positioning, and legitimising particular social realities.

“my analysis is anchored in an understanding that sentencing narratives can play a role in constructing, positioning, and legitimising particular social realities.”

• cites [65]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

In cases where the irreversibility of the sentence demands the highest standard of justificatory rigour, reasoning of this kind is a denial of the defendant's right to a decision grounded in law.

“Second, in cases where the irreversibility of the sentence demands the highest standard of justificatory rigour, reasoning of this kind is a denial of the defendant's right to a decision grounded in law.”

May combine two claims.

The tropes and references judges used when constructing meaning relied on many elements, but the meanings produced carry real force in their judgements.

“The tropes and references judges used when constructing meaning relied on many elements, but the meanings produced carry real force in their judgements.”

Classified as probably not a substantial claim.

Criminal laws are texts with narrative qualities that shape how everyday social worlds operate, not just rules of evidence and procedure and discussions of precedent.

“such laws do not just consist of rules of evidence and procedure and discussions of precedent but are texts with narrative qualities that shape how everyday social worlds operate.66”

• cites [66]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Project 39A's 2022 report used a different and larger sample of 306 trial court judgements across 22 states, delivered between 2018 and 2020.

“Project 39A's 2022 report developed this inquiry further using a different (and larger) sample of 306 trial court judgements across 22 states, delivered between 2018 and 2020.”