The sentence, with certain exceptions in capital cases, is within the sole discretion of the judge, subject to the statutory prescriptions as to the kind and maximum of punishment.
Besides the statutory provisions, the Constitution of India also empowers the President and the Governor of the State to grant pardon to the condemned offenders in appropriate cases.
Quite independently of any recommendation by the jury, the judge is entitled to take into account matters proved during the trial, or laid before him/her after verdict, as a guide to determining the quantum of punishment.
345), it is the sole right and the duty of a jury in a criminal case to pronounce whether or not the perpetration of the offense was attended by extenuating circumstances (circonstances atténuantes).
They are not bound to say anything about the matter, but the whole or the majority may qualify the verdict by finding extenuation, and if they do, the powers of the court to impose the maximum punishment are taken away and the sentence to be pronounced is reduced in accordance with the scale laid down in art.
The most important result of this rule in earlier times was to enable a jury to prevent the infliction of capital punishment for murder (now abolished).
Although it has been argued that the defendant should be able to offer evidence questioning the morality of the death penalty or descriptions of the execution process, no court has allowed such testimony.