India is a nation that is rapidly developing, but at the same time, crime
rates are rising dramatically. Although there is a lot of legislation in India
to prevent and control crime, crime rates are rising as a result of insufficient
punishments. To lower the crime rate, the penalty should be harsh. Every
punishment has the same goal in mind: to punish the wrongdoer. In India, there
are various forms of punishment available, including the death penalty, life in
prison, and others.
The most severe form of punishment is considered to be the death penalty. This
essay discusses the global status of the death penalty and provides a definition
of the term "capital offence." It also describes how the death penalty is
carried out in India. In this article, the reformative theory and the preventive
theory: two of the main theories surrounding the death penalty: are explained.
The researcher also discussed the rarest of rare cases in this study. In
addition to capital punishment in ancient India, this article discussed
countries that had abolished it and those that had retained it. This article
provides a thorough overview of India's execution procedures as well as its use
of the death penalty.
Every punishment is predicated on the idea that there must be a consequence for
wrongdoing. There are two main justifications for applying the penalty. One is
that punishing wrongdoers deters others from doing the same, and the other is
that it is both right and just for someone who has done wrong to pay for it. The
same premise underpins all punishments, including the death penalty.
Given the circumstances of today, the debate over the death penalty is the one
that is most generally pertinent. The death penalty is a crucial component of
the Indian criminal justice system. The existence of the death penalty is
questioned as immoral due to the growing strength of the human rights movement
in India. This is a strange argument, though, as it is morally wrong to preserve
one person's life at the expense of the lives of many other members of society
or potential victims.
Execution of a person sentenced to death after being found guilty by a court of
law of a criminal offence constitutes capital punishment, also known as the
death penalty. It is important to distinguish between the death penalty and
extrajudicial executions that take place without a court order.
Although the imposition of the penalty (even when it is upheld on appeal) does
not always result in execution, the terms "death penalty" and "capital
punishment" are sometimes used interchangeably. This is because there is a
chance that the sentence could be commuted to life in prison.
The death penalty is a long-established punishment. The death penalty has
essentially never been used in any nation in the world. The history of human
civilization shows that the death penalty has never been abandoned as a form of
punishment. Under the laws of Draco (c. 7th century BCE), capital punishment for
crimes like murder, treason, arson, and rape was frequently used in ancient
Greece, despite Plato's contention that it should only be reserved for the truly
evil. Although citizens were exempted for a brief period of time during the
republic, the Romans also used it for a wide variety of offences.
India is a nation with a large population of criminals and crimes. Every
punishment in India is designed with the intention of punishing the wrongdoer.
The two main justifications for enforcing punishment are that the wrongdoer
should suffer and that punishing offenders deters others from committing wrongs.
In India, there are various forms of punishment depending on the crime
committed, including the death penalty, imprisonment, life in prison, fine-only
prison, etc. The death penalty or capital punishment was the main topic of this
study. One significant component of the Indian criminal justice system is the
Capital crimes or capital offences are crimes that carry the death penalty.The
Latin word "capitals," which means "regarding the head," is where the word
"death penalty" originates. A person who has committed a crime is put to death
by the state as part of the capital punishment process. The term "capital
punishment" or "death penalty" refers to a criminal defendant who has been given
a death sentence by a court of law. The death penalty is reserved for the most
serious crimes against humanity.
Different places, states, and nations have different death sentences. There are
numerous human rights organisations in India that argue against the morality of
the death penalty. According to human rights organisations, the death penalty
interferes with one person's right.In law, criminology, and punishment, the term
"capital punishment" refers to a death sentence. The combination of two theories
serves as the foundation for Indian criminal law.
The president and governor were also given the authority to suspend or commute a
death sentence under the constitution. In India, the most egregious and serious
crimes carry the death penalty. Murder, robbery coupled with murder, waging war
against the government, aiding mutiny, etc. all carry the death penalty. Only
when the court determines that life in prison is not sufficient under the
circumstances of the case is the death sentence handed down.
Meaning of Capital Punishment
The term "Capital Punishment" denotes the harshest form of punishment. It is the
penalty that must be meted out for the most egregious, intolerable, and terrible
crimes against humanity. The consequences of capital punishment have always been
the death penalty, even though the definition and severity of such wrongdoings
vary from country to country, state to state, and age to age. Capital sentence
generally refers to a death sentence in law, criminology, and penology. The
study's third objective is to look into the strategies for securing the state
using the death penalty.
Historical Background of Capital Punishment
Death penalty laws have existed in every region of the world since the earliest
times. In primitive societies, savage death was a common occurrence. The very
states of existence were frequently ancestral or group fighting. Life was in
such a state extremely deplorable, and the subject of punishment was dominated
by personal retribution. The two main tools to remove dangerous components from
the gathering were death and outcast.
The swiftest form of retribution and also prevention at the time was the death
penalty. The harshest penalty is the death penalty. When in doubt, culpability
depends on the severity of the crime, the danger it poses to the public, the
degrading of the offender, and all other factors taken into account.The cost of
wrongdoing that the offender anticipates puts them in danger of punishment.
A significant number of people will stop when the cost of suffering is
sufficiently high compared to the benefit that the wrongdoing is expected to
produce. This still holds true for offences that could result in death. It is
also unquestionably acknowledged that the death penalty is only supported in
extreme situations where a high degree of guilt is involved and grave danger to
society is present.In law, criminology, and punishment, the term "capital
punishment" refers to a death sentence.
The combination of two theories serves as the foundation for Indian criminal
law. The president and governor were also given the authority to suspend or
commute a death sentence under the constitution. In India, the most egregious
and serious crimes carry the death penalty.
Murder, robbery coupled with murder, waging war against the government, aiding
mutiny, etc. all carry the death penalty. Only when the court determines that
life in prison is not sufficient under the circumstances of the case is the
death sentence handed down. Furthermore, the State should and is able to ensure
that people are safe simply by properly rejecting the responsible.
The death penalty is an outmoded practise. There is practically no country in
the world where the death penalty has never been used. The development of
humanity over time reveals that the death penalty has never been abolished as a
form of punishment. In ancient Greece, under the laws of Draco (fl. seventh
century BCE), the death penalty was frequently applied for murder, treachery,
pyromania, and assault. However, Plato believed that it should only be applied
to the hopeless.
The Romans also used it for a wide range of offences, but during the republic,
subjects were exempt for a short while. Sir Henry Marine's statement that "the
Roman Republic did not abolish the death penalty, but its non-use was primarily
coordinated by the act of punishment or banishment and the method of inquiries"
lends support to this idea.
According to the bill, cases that are deemed to be "to a great degree physically
and rationally harming" are now eligible for the death penalty. Additionally, it
declares that "rehash attackers" will be hanged to death. Rehash attackers are
those who commit a sexual offence again, either immediately after committing
their initial offence or as part of a larger pattern.
Rehash attackers are those who commit a sexual offence once more, either after
serving their sentence or while they are on parole, for those of you who have no
idea what that means. Incorporating regulatory changes that function as
temporary arrangements is crucial for this. It was also suggested to have a
shooter who is trained and authorised inside the vehicle with a gun. This was
suggested so that there would be a safety effort if anyone tried to board the
vehicle but stopped listening to reason and started acting foolishly. The most
recent addition is simple to disprove, but it's a start.
Case Laws on Capital Punishment:
Ediga Anamma Vs State Of Andhra Pradesh It was established that the judge should look into the criminal and his
circumstances or haplessness while committing the wrongdoing in addition to
looking into the relevant points of the wrongdoing and making decisions
based on the level of brutality used.
Bachan Singh V. Punjab State According to some, this circumstance brought up the issue of the legality of
the death penalty once more. This was the circumstance that gave rise to the
rarest of rare cases, and the precept continues to rank among the most
Machhi Singh Vs. State Of Punjab
With the ultimate goal of further illuminating the most exceptional of
circumstances that could justify the use of the death penalty.
State Of Maharashtra Vs Shukhdeo Singh The people convicted of killing General Vaidya received death sentences from
Since ancient times, the death penalty has been used in India. The death penalty
was abolished in numerous nations. According to national crime statistics, the
death penalty has not been shown to be a deterrent for committing crimes;
instead, the rates of crime are only rising. In particular, the death penalty in
India needs to be changed in our laws.
Our laws should be changed, and the punishment meted out should be severe enough
to serve as a deterrent to others from engaging in similar unlawful behaviour. A
penalty worse than the death penalty exists. Talk to the offender about capital
punishment on a regular basis. The alternative to the death penalty is harsher
punishment and a life in prison. The offender should consider his offence every
day and every night. The use of the death penalty to deter crime in society is