Since the incorporation of Code of Criminal Procedure, 1898,  while imposing the death sentence, the courts were obliged to provide ‘special reasons’ for not imposing the death sentence. The true departure from death sentence as a norm to an exception came after the introduction of Code of Criminal Procedure re-enacted in 1973. The CrPC 1973 introduced Section 354(3), the section mandated that judge must provide ‘special reasons’  for inflicting or imposing the death sentence. Also, the CrPC 1973 introduced the Section 235(2), which allowed the post-conviction hearing on sentencing which drastically changed the jurisprudence allowing a careful evaluation and analysis of circumstances revolving around the jurisprudence of death sentence.