Report No. 35

Topic Number 49

Other exemptions considered

925. Other exemptions suggested.-

We have already discussed1 the categories of persons to be exempted on the ground of age, sex, mental state, or pregnancy. Certain other circumstances have been put forth as justifying such exemption. But we do not think that an exemption from death sentence should be granted in respect thereof. Elements of necessity, duress and mistake, or excellent earlier record of the offender and other personal circumstances, can be taken into account by the court. It would not be desirable to lay down a general rule that in every such case, only the lesser sentence must be imposed.

1. See paras. 874-924.