The Role of Mitigation Investigators in Death Penalty Cases

Neetu Banduni

Abstract: This paper explores the evolving role of mitigation investigators in death penalty cases, tracing the concept of mitigating circumstances from the landmark Bachan Singh judgment to contemporary judicial practices in India. It argues that despite legal mandates to consider such circumstances, inconsistent application and the absence of a formal mechanism for appointing mitigation investigators undermine due process. Drawing on case law, judicial trends, and comparative insights from the U. S., the study highlights the necessity of multidisciplinary approaches to assess an accused?s psycho - social context, emphasising the mitigation investigator?s indispensable role in ensuring just sentencing. It concludes with a call for systemic reform to integrate these professionals into the judicial process.

Keywords: mitigation investigator, death penalty, mitigating circumstances, rarest of rare doctrine, judicial reform