Death Penalty: Supreme Court Drops Direction Requiring Trial Courts to Call for Mitigation Reports in Every Case

On 27.04.2026 the Supreme Court directed trial courts and High Courts to call for reports on aggravating and mitigating circumstances in every case involving an offence punishable with death (para 1). It had found that in many such cases this material was gathered only when the matters reached the Supreme Court, and that order made the direction mandatory for trial courts as well as High Courts (para 2). The National Legal Services Authority (NALSA) applied for clarification, saying the direction to trial courts was not workable and could cause procedural difficulties (para 3).

NALSA pointed out that in many cases punishable with death the trial court may not even contemplate a death sentence, yet the order of 27.04.2026 would still require it to call for reports on aggravating and mitigating circumstances, and that trial courts may lack the resources or facilities for such an extensive exercise (para 4). The Court agreed with these submissions (para 5). It held that the directions numbered 13(A) in the order of 27.04.2026, which mandate trial courts to call for such reports, deserved to be and were deleted (para 5). A corrigendum was directed to be issued, and the corrected copy forwarded to all concerned after deleting direction 13(A) (para 6). The order says nothing further about the direction applicable to High Courts.