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The Capital punishment systems in India!

"Capital punishment is not about whether people deserve to die for the crime they committed. But the real question of capital punishment in this country, do we deserve to kill?"

There are many types of punishment to punish wrongdoer for reduce crime rate.

There are different types of punishment in India such as capital punishment, life imprisonment, imprisonment, fine, etc. Capital punishment/Death punishment considered a grave type of punishment in the rarest and rare cases.

Introduction
In the Mauryan Dynasty era, if a person is performing any act that is against the dynasty law, then they punish them with various punishments according to the nature of the act. The principal followed by dynasty to punish the criminal or wrongdoer was an eye for an eye, a hand for a hand, etc.

When we look back in history, we found that King Hammurabi of Babylon was the first king who codified the criminal laws related to Death penalty/Capital Punishment.

In the British era, Indians were awarded death penalty and hanged till death after the proper trial or even before it. However, after India got independence, a new era of Indian judicial system came.

After 1947, when India became a republic nation and got its independence from the British era, and that brings a huge change in the system of passing death penalties to accused.

The United Nations declares capital punishment or Death punishment as a violation of human rights.

Capital Punishment In India

"Capital Punishment is a legal death penalty. India gives capital punishment only for a heinous offence."

As per section 368 of Criminal Procedure Code, 1973 provides the authority to High Courts for confirmation of death sentence.

The death penalty is given for most serious offence and heinous offences that fall under the category of rarest cases in India.


During passing of the resolution, calling for a prohibition on the death penalty by UN General Assembly, India cast a vote in the favour it.

Landmark Cases Related To Capital Punishment In India

Mithu Vs State Of Punjab (1983)

In this case, the Supreme Court struck down Section 303 of the Indian Penal Code, which recommend for mandatory capital punishment for offenders.

Bachan Singh Vs State Of Punjab (1980)

In this case, the Supreme Court says that the capital punishment or death penalty was given only in the rarest cases.

Jagmohan Vs State Of U.P. (1972)

This was the first case dealing with the question of constitutional validity of capital punishment in India.

Methods Of Execution In India

In India, the death penalty is performed by two method hanging or shooting.

Hanging:
In India is executed by hanging. Post-Independence, In India Nathu Ram Godse, was the first convict to be executed by the capital punishment case. The Apex Court of India gave its suggestion that the death penalty must be awarded in the rarest of rare cases.

Shotting:
According to the Army Act and The Air Force Act of India also provides provisions of the implementation of the capital punishment.
As per Section 34 of The Air Force Act, 1950 provides the power of the court-martial of any person who commits any act that is unlawful and against law.

Law Commission Of India's Report On Death Penalty

The Law Commission of India in its 262nd Report (August 2015) recommended that
Capital punishment or death penalty be abolished for all crimes other than terrorism related offences and waging war.

Clemency Powers

A prisoner can submit a mercy petition to the President of India and Governor of State under the article of 72 and 161 of Indian Constitution.

Capital Punishment In International Human Rights Treaties

The ICCPR does not abolish the use of the capital punishment, but Article 6 contains guarantees regarding the right to life, and contains important safeguards to be followed by signatories who retain the capital punishment.

Written By: Hinesh Navratan Rathod, B.Com, Llb Student -Thakur Ramnarayan College Of Law (TRCL), Mumbai.

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