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CAPITAL PUNISHMENT IN INDIA


Capital punishment, also known as the death penalty,is the execution of offender after that person is convicted for some criminal offense.based on due process of law ,it is interchangeable wih the punishment of death penalty,which indiactes the penalty of capital punishment may sometimes be replaced with the life imprisonment. As of now approx 60 country uses capital punishment in their justice delivery system. Also 160 countries have abolished it completely for all crimes and 8 countries have abolished it for ordinary crimes while using it in “rarest of rare cases' '

Capital punishment, also known as the death penalty, is the execution of offender after that person is convicted for some criminal offense. Based on due process of law, it is interchangeable with the punishment of death penalty, which indicates the penalty of capital punishment may sometimes be replaced with the life imprisonment. As of now approx. 60 country uses capital punishment in their justice delivery system.


History of capital punishment

Capital punishment has been used as a method of punishment since roman and ancient greeks period. It was used in a wide range of offences like murder,treason and the like. Babylonin code has specifically dealt with capital punishment under the legal principle of lex talionis which means an “eye for an eye” to maintain thee proportionality in cases of capital punishment. In Europe boiling in oil,burning at the stake ,decapitation,hanging, were common ways for capital punishments. In india hanging is the method of the death penalty but it is given only in rarest of rare cases. Capital punishment in the 21st century Despite there are anti-capital punishment movements, many countries have reatained capital punishment. For cases of drug trafficking,30 counties have made it a capital offence. Singapore has by far the highest rate of execution in drug cases which is three- fourths of all the cases of 2000. In cases of economic crimes around 20 countres use capital punishment. Sexual offences of various kinds are punishable by death in more than 24 countries one of which is India as well.


160 countries have removed it completely for all crimes and 8 countries have removed it for ordinary crimes while using it in “rarest of rare cases' 'In India hanging is the method of the death penalty but it is given only in rarest of rare cases. In cases of economic crimes around 20 countries use capital punishment. Sexual offences of various kinds are punishable by death in more than 24 countries one of which is India as well. India is a country which consists of a large number of criminals and crimes. Basically if we talk about India all punishments are based on motive to give penalty for the wrongdoers .

There are two reasons for imposing punishment, one is the wrongdoer should suffer and the other one is imposing punishment of wrongdoers discourages others from doing wrong. Capital punishment is one of the important parts of Indian criminal justice system. In India capital punishment awarded for most heinous and grievous offences or for the rarest of rare crimes only.


In 1955,the parliament ,repealed section 367(5),Cr.P.C1898,significantly altering the position of the death sentence .the death penalty was no longer the norm ,and courts did not need special reasons for why they were not imposing the death penalty in cases where it was a prescribed punishment. criminal who has committed a crime like raping or killing another person should be given death penalty as a punishment, which is as severe punishment as the act which he or she has done. Death penalty is a way of punishing people since many decades. Although there are many countries that have abolished death penalty from their judicial system, there are still many countries which still practice the act of a killing a person for crime. People have different views on the issue of death penalty given to a criminal or the person who is a convicile some think that death penalty is necessary for those who have committed a terrible crime, there are others who consider that this act is not reasonable act and it goes against the values of humanity and society . If a criminal is jailed, he may again commit the same crime after being released from prison so by Giving him death penalty would make sure that the society is safe from being attacked by such criminals and such dangers. It seems to be an appropriate punishment for r serial killers and for those who continue to commit crimes even after serving imprisonment. The recent example is of execution of rape convicts of Nirbhaya case. There were various changes made in criminal laws in order to make strict rules for brutal convicts and deliver justice to the victim and her family so that it set an example in the society. The death penalty given in this case was marked under rarest of the rare case.


Case law

In cases of Maneka Gandhi vs. Union of India4 , it was held that sentencing death should be done in accordance with due process of law. The execution should be on the grounds of just, fair and reasonable. The several constitutional principles for death penalty are:5 Death penalty granted in rarest of the rare in India, it should be treated as exceptional punishment, Principles of natural justice should be given to the accused. The convict has the right to appeal under Article 136 and section 379 of code of criminal procedure in the Supreme Court if the death sentence is confirmed by the High Court. The President under Article 72 and section 433 of code of criminal procedure and Governor of the States under Article 161 and section 434 of code of criminal procedure has discretionary power to grant pardon to the convict for death sentence. The accused has the right of prompt and fair trial; and should not be tortured under Article 21 and 22 of the constitution. The accused has freedom of speech and expression under Article 19. The accused should be presented by the lawyer appointed.


CONS OF CAPITAL PUNISHMENT:

There are more than hundred countries who have abolishes the capital punishment. The capital punishment is detriment to society as killing is considered sin in civilized society. It is considered inhuman and barbaric. The developed societies believe in reforms and rehabilitation. The crucial reason behind society not accepting capital punishment t is also the mistake that judiciary might commit of executing innocent. This believe discourages many societies from executing the capital punishment. Moreover, there can be certain crimes committed in impulse or out of sudden rage. There are cases where the society is familiar, that the crime committed was not intentional. Moreover, the death sentence clearly violates the natural and fundamental rights of the human. Every person has the right to live and state cannot take away that right. This is the reason why scholars, philosophers advocates against the capital punishment. The capital punishment is not a new concept. But has changed with civilized society. In ancient times the brutality was justified by the brutality but adopting a less brutal method of execution justifies the act of the state. The offenders should be punished according to the offence they have committed

Conclusion

Capital punishment is not a bane in the society. The barbaric criminals are a threat to society, therefore their death does not affect the environment but creates a positivity and trust to the government. The theory is weighed from both the sides of the coin. One sects support it for just on the part of the victim and other sects oppose it on the humanitarian grounds. Though the majority support the reformative theory rather than deterrent theory. But deterrence becomes necessary when there is brutality.


They were questioned about them being guilty. It is no surprise that they denied. The criminals such if imprisoned would create much difficulty and chaos in society once they are out to society. . It is said that when a criminal is given a death penalty, it gives an example to others in the society from not committing such serious crimes. This would help in reducing crime rate in society as well as in the country too.



REFERENCES

  1. https://blog.ipleaders.in/capital-punishment-india-overview/#:~:text=%20Capital%20punishment%20in%20India%20%E2%80%93%20An%20Overview,topsy-turvy.%20The%20debate%20is%20not%20only...%20More%20

  2. https://www.acadpubl.eu/hub/2018-120-5/1/98.pdf


SUBMITTED BY – JYOTI YADAV

COLLEGE- AMITY LAW SCHOOL, NOIDA

YEAR – FIRST YEAR AND SECOND SEM

COURSE- BALLB(HONS.)


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