- Before going through the character of Black warrant, first try and take
cognizance of what is a Black warrant?
- The Warrant of execution of a sentence of death' in the form no.42 of
Code of Criminal Procedure is particularly known as the Black Warrant
- So, the purpose of this article is to raise a question in the minds of a
reader that, Is it allowed to take one's life for any of his misdeeds? Isn't it
sinful? Can there be a better way of remorse?
- The country is at surge of development, where on one hand the technology
is extensively growing throughout the global level, at the other hand the
quality of personal life in getting better.
- The Legislation is also growing with the country and the laws too are
changing continuously according to the need and requirement of time and
- Therefore, under this article there are many points to discuss.
So, let's get started!
Purpose of Punishment
There have been many outlooks regarding the purpose served by the punishment and
this section will cover the first part of article about the constitutional
So, some of the points regarding the same are as follows:
Is it a State Failure?
- If the perspective of a person who commits a crime is set aside, then
the purpose of punishment should be to punish the crime and not the
Gandhi believed in crimes and not in criminals. He
supported the theory Eye for an eye will make the whole world blind. By this
it can be concluded that he believed in the reformative theory of punishment.
- Kurian Joseph J. said, To me, the purpose of punishment is the
reformation of the person who committed the crime and the evils of society which
has been the reasons of the crime committed by the person.
He further added that a state is under an obligation that it must in
all circumstances protect the life of an individual.
- The purpose of punishment should be to deter people from committing the
crime. It is the responsibility of state to deter people from committing the
crime so that the fundamental duty of the state to prevent internal
disturbance is fulfilled.
- Deterrence is very important because the basic purpose is that we should
have a crime free state and if that be so, the people have to be
There is an impression that the law and the
state have not been able to do what was expected from them.
- The only Idea that would justify the punishment of Death penalty can be
the deterrence. It's not the severity of the punishment that is plaintive; it is
the immediateness of the punishment and the certainty of it.
- In any refine system, there must be an inevitable distance between the
crime (event) and its punishment (consequence).
- A question rises that, if a crime is committed on anybody, is it a state
- The state somewhere falls short to examine the social context of the
person who committed the crime. The state has a duty to maintain law and
order in the society. All the laws are made to protect the disorder in the
A report was published 2-3 years back,
which concluded that most of the prisoners who either were sentenced to death or
on the road of being expected to be sentenced were found under a serious mental
depression. By this it means not because of drunkenness or drugs, but otherwise
on account of the circumstances under which the accused is left. To do the
psychotic evaluation of the accused is very important before pronouncing any
- There should be the lessening of crime. The court is not there to do
what people think is right; it is there to do what is constitutionally
- When the Verma committee was established after the Dec. 16 2012(Nirbhaya
case). The Women council went against the Verma committee and it specifically
We do not want the death penalty; we want it to be
stopped. It is something else that you need to be able to protect us; the death
penalty does not protect us. In fact, the death penalty will exacerbate our
- Death to the accused is not going to change the nature of the state. The
moment one say death penalty, he is even perpetuating state violence.
- The state should be different form the person who is causing violence.
How can a person make difference if both the state and the accused think
that the violence is legitimate for them?
- Though, it can be agreed that deterrence is one of the aspect. But, for
the purpose of deterrence a law which abridges a person from his life cannot
Doctrine given in the Bachan Singh case
- A line was quoted by the Hon'ble judges while pronouncing the
judgement in the Bachan Singh v/s State of Punjab that the death penalty shall
be given in the rarest of rare cases.
- The doctrine does not embrace that one has to identify the rarest of
rare case but it just gives a label to the cases.
- The main text which supports the punishment of death penalty is given in
the next line of the same judgement and that was Where the alternative option
is unquestionably foreclosed.
It means the death penalty shall always be given in only and
only those cases where it can be clearly seen that there is no alternative
option of which can justify the heinousness of the offence.
- S.B. Sinha J. in a case said that 'We have failed to identify the crime
while following the dictum given in the Bachan Singh case.
Researches till now
- A Research done in NLU Delhi tells us that outcry have become such a
major reason not just for the death penalty but also for the conviction that now
the judges in many of the serious case has to produce conviction because of
public pressure that if the conviction the was not given it may turn out in a
- An interview was conducted by an acclaimed Legal firm with the death row
prisoners about the torture they are subjected to, the legal remedies they
One of the prisoners responded ironically that:
justice system is like a spider's web, the big insect bursts through, the small
insects are the only one that gets trapped, but the spider never gets trapped in
his own web.
- Alleged Hyderabad encounter:
In Hyderabad rape and murder case, all the four accused were suspiciously
found dead. Now, here many stories got heated up, some said it was an
encounter carried out by the police, some said it was a planned murder and
some that it was a custodial death.
But, the point here to note was
the public reaction which came after the alleged encounter. It was so shocking
to see that plethora of the people was happy after the encounter and they all
were supporting it. It shows that our legal justice system has failed to perform
its duty because it can be clearly drawn from the incident that the society is
completely unsatisfied with the decisions of the courts and the situation is
that much worsened that it is ready to bear anything, that would justify or
anything that would compensate the loss, whether it be an encounter or a
- Vikas Dubey Encounter
A news came with the dawn of the 10 Jul. 20, that
the Wanted Gangster Vikas Dubey has been killed in the Encounter on the
Highroads. Mostly everyone supported it, but here none had even a thought in his
mind that how these types of situation are just hollowing out the Indian legal
There are some duties we owe, even to those who have wronged us. There is,
after all, a limit to retribution and
- So, it can be laid down that, with the evolving situation and time, the
penal provisions are needed to be amended very categorically. Because, at
the end it's all about the life of a person and one has all the rights to
protect itself. Also the state is under an obligation to protect under every
possible circumstances, the life and liberty of an individual.
- Sec. 53 of the Indian Penal Code, 1860, itself says that it is not
exhaustive in nature, which means it can be amended.
- If on one hand, the sec. 53 says that the code lays down the maximum
punishment possible for any offence.
Then, on the other hand it also says that the court, if it seems
fit, can reduce the quantum of the punishment.
- This is enough proof that society can control criminal activity even
without the commutation of Black warrant.
. -Marcus Tullius