CAPITAL PUNISHMENT IN INDIA
BY:SUMIT 1st year, BA.LL.B (H) Manav Rachna University, FaridabadABSTRACT-
Capital punishment, also known as the death penalty, has been a controversial issue in India for decades. The debate surrounding the use of capital punishment centers on its effectiveness as a deterrent to crime, its moral implications, and the possibility of wrongful convictions. Despite calls for its abolition, capital punishment remains legal in India and is used in cases of murder, terrorism, and other serious offenses. This paper provides an overview of the history of capital punishment in India, examines the arguments for and against its use, and explores the challenges faced by the criminal justice system in administering it fairly and justly.
Keywords: capital punishment, death penalty, India, deterrence, morality, wrongful convictions, abolition, murder, terrorism, criminal justice system.
INTRODUCTION-
All the punishments are based in the same prepositions i.e. there must be a penalty for wrong doing. There are two main reason which inflict the punishment. The first one is belief that it is both right and just that a person who has done wrong should suffer for it; and the second one is the belief which inflict the the punishment of same preposition of other punishments.
It is an integral part of the Indian criminal justice system. Capital punishment in india is questioned as immoral which increasing the strength of the human rights.
MEANING-
Capital punishment, also known as the death penalty, is a legal process in India where a person is sentenced to death by the state as a punishment for committing certain heinous crimes, such as murder, terrorism, and other serious offenses. The use of capital punishment has been a contentious issue in India, with some arguing that it is necessary to deter crime and ensure
justice, while others argue that it violates human rights and is morally wrong. Despite the ongoing debate, capital punishment remains legal in India and is used in certain cases.
We all know that that, the term “capital punishment” stands for most severe form of punishment. This is the the type of punishment which has been awarded for the most heinous, grievous, and detestable crimes against humanity. There are such type of crime which vary from country to country, state to state, age to age. There are always, death sentence which implication the capital punishment.
HISTORICAL BACKGROUND-
We all know that the capital punishment is an ancient sanction. The capital punishment, or the death penalty, has a long history in india. The Indian penal code, which was enacted in 1860 during british colonial rule, included provisions for the death penalty for a murder, treason and certain form of terrorism.
When india getting there independence in 1947, the death penalty also remained in place and used in several high-profile cases. There is a execution of Nathuram Godse and the assassin of Mahatma Gandhi, in 1949.
The death penalty is only when used when there is “rarest of rare cases” which is ruled by supreme court of india in 1973
In the recent years there is a debate in india about the penalty of deathwhich has been growing.
As in 2021, the death penalty remains legal in india and used in cases of murder, terrorism , and certain other offences. There are also calls which reform the capital punishment system, including greater transparency and consistency in sentencing and a more rigorous appeals process.
CAPITAL PUNISHMENT IN INDIA
There were not any issue raised about capital punishment in india in the british assembly until 1931, which have also a debate in british india’s legislative assembly. In this there is a member
from Bihar, Shri Gaya Prasad Singh. The motion was negatived after then Home Minister replied to the motion.
In national crime records bureau, there were 162 death sentences awarded in india in 2019. There are only four execution which are carried out that year. There is a significant gap between the number of death sentences awarded and the number of execution actually carried out.
RELATED CASE WITH CAPITAL PUNISHMENT IN INDIA-
One notable case related to capital punishment in India is the 2012 Delhi gang rape and murder case. In December 2012, a 23-year-old woman was brutally gang-raped and beaten by six men on a bus in Delhi, and she later died from her injuries.
The case sparked widespread outrage and protests across India, with many calling for the death penalty for the perpetrators. In September 2013, four of the men were sentenced to death by hanging, while one committed suicide in prison and another, who was a juvenile at the time of the crime, was sentenced to three years in a reform facility.
The death sentences were upheld by the Delhi High Court in 2014 and the Supreme Court in 2017. In March 2020, all four men were executed by hanging in Tihar Jail in Delhi.
The case highlighted the controversial issue of capital punishment in India, with some arguing that it was necessary to provide justice for the victim and her family, while others criticized the use of the death penalty as a form of retribution and called for alternative forms of punishment and rehabilitation.
PUNISHMENT IN INDIAN PENAL CODE
Capital punishment in India is governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure. The IPC outlines the various offenses that are punishable by death, including murder, terrorism, and certain cases of drug trafficking.
The use of capital punishment in India has been a contentious issue, with many arguing that it violates human rights and is not an effective deterrent to crime. There have been several legal challenges to the death penalty in India, with some arguing that it is unconstitutional and violates the right to life guaranteed by the Indian Constitution.
In 2015, the Law Commission of India recommended that the death penalty be abolished for all crimes except for terrorism-related offenses and those involving the waging of war against the country. However, this recommendation has not been implemented.
The use of capital punishment in India has also been criticized for its potential for wrongful convictions, as well as for being disproportionately applied to marginalized communities such as Dalits and Muslims.
The use of capital punishment in India remains a controversial issue, with ongoing debates about its effectiveness as a deterrent to crime and its compatibility with human rights and the rule of law.
OFFENCES IN IPC-
1. Section 121- Treason, for waging war against the Government of India
2. Section 132- Abetment of mutiny actually committed
3. Section 194 - Perjury resulting in the conviction and death of an innocent person
4. Section 195A- Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person
5. Section 302- Murder
6. Section 305 - Abetment of a suicide by a minor, insane person or intoxicated person
7. Section 307 (2) - Attempted murder by a serving life convict
8. Section 364A - Kidnapping for ransom
9. Section 376A - Rape and injury which causes death or leaves the woman in a persistent vegetative state
10. Section 376E - Certain repeat offenders in the context of rape
INDIA INCLUDE THE FOLLOWING MEASURES :
1. Abolition of the death penalty: Many human rights organizations and activists in India have been advocating for the complete abolition of the death penalty. They argue that the death penalty is a cruel and inhumane punishment that violates the right to life and dignity.
2. Commutation of death sentences: The President of India has the power to commute death sentences to life imprisonment. This power is usually exercised in cases where there are mitigating circumstances or doubts about the guilt of the accused.
3. Fair trial: To prevent wrongful convictions and miscarriage of justice, it is essential to ensure a fair trial for all accused persons. This includes providing legal aid, ensuring impartial judges, and protecting the rights of the accused.
4. Reforms in the criminal justice system: The criminal justice system in India needs significant reforms to ensure that it is fair, efficient, and effective. This includes improving the investigation and prosecution of crimes, reducing delays in trials, and ensuring that the appeals process is accessible and timely.
5. Alternative punishments: Instead of the death penalty, alternative punishments such as life imprisonment without parole or restorative justice approaches can be used. These punishments are less severe but still hold offenders accountable for their crimes.
Overall, prevention of capital punishment in India requires a multifaceted approach that addresses the root causes of crime, ensures fair trials, and provides alternative punishments for offenders.