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Notes
(NCRB, Ministry of Home Affairs, Government of India, 2015) 95. Law Commission of India, The Death Penalty, (Law Commission of India, No 262, 2015) 214. 27. 121 of 177 prisoners who spoke about their legal representation in HC, National Law University, Delhi, Death Penalty India Report, (NLU Delhi Press 2016) . 28. Law Commission of India, The Death Penalty, (Law Commission of India, No 262, 2015)152. 29. Constitution of India 1950, Article 22(1). 30. Code of Criminal Procedure 1973, Section 304. 31. Kishore Chand v. State of Himachal Pradesh (1991) 11 SCC 286. 32. The revised estimate was of Rs. 83, 95,00,000. 33. The Law Commission of India in its 262nd Report found that (with the exception of Delhi which paid higher) legal aid lawyers were paid in the range of Rs.500-1500 for a trial and Rs.1,000-3,000 for an appeal. These amounts according to the law commission were “absurdly low amounts”. Law Commission of India, The Death Penalty, (Law Commission of India, No 262, 2015)150. 34. Stephen B Bright, ‘Race, Poverty, the Death Penalty, and the Responsibility of the Legal Profession’, (2002-03) 1 Seattle Journal of Social Justice 73. Also See S. Muralidhar, Law, Poverty, and Legal Aid: Access to Criminal Justice, (LexisNexis Butterworth 2004). 35. Sir William Blackstone, Commentaries on the Laws of England, 4 (Clarendon Press 1765-1769); Alexander Volokh, ‘N Guilty Men’, University of Pennsylvania Law Review,1 (1997)173, 216. 36. According to this strand of opinion in cases with several accused (10-12) judges have no mechanism to find out about role of each accused, and there is a possibility that one or two of them might be innocent. 37. Kali Ram v. State of Himachal Pradesh AIR (1973) SC 2773; Re Winship 397 US 372(1970) [Harlam J consenting]; See Lawrence B. Solum, ‘You Prove it! Why Should I?’(1994) 17 Harv. J. L. & Pub. Pol'y 691, 701. 38. Code of Criminal Procedure 1973, Section 235(2), states that if the accused is convicted, the judge shall hear the accused on the question