Published On: 24th February, 2025
Authored By: Subhadarsini Patra
ABSTRACT
A crime is an illegal act and those who are committing crimes are punishable by the court. There are various kinds of punishments that have been provided under section 4 of the BHARATIYA NYAYA SANHITA,2023. There are different punishments for different crimes. For heinous crimes, the Death penalty is provided. In India death penalty is legal. Regarding the death penalty, there are different opinions among different people. With the continuing growth of the society people have changed their viewpoints still capital punishment is a form of punishment under THE BHARATIYA NYAYA SANHITA,2023.
INTRODUCTION
Capital punishment is also termed as death penalty. It is a sentence executed by a court for a heinous crime.it is provided as punishment for the most serious crimes against humankind. The term capital comes from the word ‘Capitals’ which means concerning the head.
HISTORICAL BACKGROUND
Punishment is an indispensable part of the society. Though it varies from ancient to modern times. For example, In ancient times death penalty was known as ‘Vadhadand’ which means ‘amputation by bits’ At that period, the law was followed to protect the integrity and Security of the state. In the present scenario, various countries are implementing the Death penalty as a mode of punishment.
Position in India
In India, the death penalty is applicable as a mode of punishment. Under the BNS,2023 there are various offences under which the death penalty has been provided. In our country, there are distinct opinions Regarding the death penalty. There are various pros and cons of it. On the one hand, some people support it and on the other hand, some people oppose it. In India, it is the highest method of punishment. Our Indian constitution also provides the death penalty but only on the grounds of the rarest of rare cases. Before The amendment of THE BHARATIYA NAGARIK SURAKSHA SANHITA,2023 the death penalty was treated as a rule and the death penalty as an exception in our country.
DEBATE ON CAPITAL PUNISHMENT
There is a continuing debate regarding the abolition of the death penalty. According to some of the proponents, it is an essential form of punishment and it is necessary to use it as a mode of punishment for heinous crimes to prevent society from crime. In India 1980 and 1990 death penalty was used in cases Like terrorism and crimes against women. Some of the antagonists expressed that it is cruel and inhumane against humanity. They talked about the abolition of the capital punishment. There are various countries that have abolished it as a punishment so why not India? They said our country is a democratic country and in a democratic country everyone has a right to life. So nobody has the right to take the life of others. Our honourable Supreme Court has provided some guidelines for the execution of capital Punishment. In this regard, the Supreme Court has also adopted some approaches carefully to Scrutinise various cases where the death penalty is being implemented. Overall, there is a debate regarding the death penalty. There are different opinions and viewpoints of different people. There are various countries that have abolished the death penalty and there are various other countries that have not abolished it as a form of punishment.
The 262nd Law Commission of India has said in its report the abolition of the death penalty for all offences excluding those offences related to terrorism. The Commission has also said that in India the time has arrived to abolish capital punishment but in certain cases. The Commission has also suggested taking some steps like making reforms in the police force, providing some Compensation to the victims and so on. Regarding the abolition of the death penalty, there are various arguments relating in favour of the. These are-
- Violates human rights- The death penalty violates basic human rights because our Constitution grants the right to life as a fundamental right.
- Cruel and inhumane death penalty as a mode of punishment is very cruel and inhuman against humanity. Support to implement the death penalty as a mode of punishment-
- Control crime rate implement it as a method of punishment helps to reduce the crime rate.
- Crime free society-It helps to make our society crime-free and it prevents society from crime.
UN Human Rights Office and the abolition of the death penalty
The United Nations Human Rights Office and The United Nations Human Rights Council advise the abolition of the death penalty. Because it violates the basic fundamental right right to life And it does not deter crime.
The United Nations Human Rights Council has adopted some measures like the death penalty Is necessary to adopt because to reduce the crime rate. The restriction is it is only granted in the heinous crimes.
United Nations General Assembly and the death penalty
The General Assembly established a moratorium on execution with some states to abolish the death penalty. The Secretary-General in its report deals with some matters like:
- To restrict the use of the death penalty
- For which offences the death penalty can be executed
Crime Rate Report of India
As per the report of the National Crime Record Bureau, In 2020 crime rate decreased from 487.8 cases per 100,000 people to 445.9 in 2021.According to the report in the year 2024 in India for every 100,000 people there were 445.9 reported crimes. However, in the recent report, there is a downfall in the overall crime rate in comparison to the year 2023 by 0.56. rape cases increased by 1.1 and kidnapping cases increased by 5.1. In the year 2024, in India, Uttar Pradesh has the highest crime rate. Crimes against women, murder, and kidnapping have increased. Maharashtra, Gujarat, Madhya Pradesh, Tamil Nadu, Odisha, Delhi, and Bihar are some other states. With high crime rates including Madhya Pradesh.
The Justice Verma Committee’s report
The Justice Verma Committee was formed in 2012 after the Delhi gang rape case he recommended against The death penalty for rape even in the rarest of rare cases. In this report, he advised a punitive sentence Rather than the death penalty.
35th Law Commission Report
According to the first law commission report in the year 1967 they were suggested about the retention of capital punishment. They made the report based on the social and cultural life at that time. The committee recommended the retention of section 303 of the Indian penal code.
In India should the death penalty be abolished or not?
There are different opinions and viewpoints regarding the abolition of the death penalty but in the present scenario, the crime rate is increasing day by day. Due to that reason, it is not the correct time.
For India to abolish the death penalty. On the other hand, some people have suggested abolishing the death penalty. Instead of the death penalty, Life imprisonment is a better alternative. Because in their opinion, nobody has the right to take the life of the other individual. If we do not give one life, then we have no power to take anyone’s life. The death penalty is a cruel and inhuman Act against humankind.
Judicial Trends
The death penalty is constitutionally valid but only in’ the rarest of rare cases of these cases are- Bachan Singh v. State of Punjab(1980) in this case, the Honourable Supreme Court has said the death penalty should be granted only in the ‘Rare of rare cases’.
Laxman Naik v.State of Orissa (1994)
In this case, the Honourable Supreme Court has said that the murder of a child in a barbaric manner falls under the rarest of rare cases.
Jagmohan Singh v. State of UP(1973)
The Supreme Court has said in this case that Article 21 is constitutionally valid if it is granted according to the procedure established by law.
Vinay Sharma v. Union of India(2020)
This case is popularly known as the Nirbhaya gang rape case. In this case, the girl was raped by six accused and after analysing all the factors the honourable court was sentenced death penalty.
Shabnam v. Union of India(2015)
In this case, the lady Shabnam and her lover killed their family members because they did not give consent for their marriage. In this case, the court imposed the death sentence on the lady.
Monaj Pratap Singh v. State of Rajasthan
In this case, a 37- year old man raped and killed a seven-year girl. In this case a three-judge bench Said that the crime has committed with extreme depravity. The bench held that the death penalty was imposed in this case.
Execution procedure in India
- Hanging- Hanging is the only permitted method of execution in India under Section 354(5) of the Code of Criminal Procedure,1973.
- Shooting- It is another method of execution. But there are some particular organisations like the Air Force, Army Force and Naval Force that are capable of executing the death penalty.
Category of offenders exempted from capital punishment
- Minor- A person who has committed a crime if he is a minor, then he can not be executed. Juvenile Justice Act(2015) is implemented in a situation involving minors.
- Pregnant Women- As per section 416 of the code of criminal procedure if the court finds A woman who is against the death sentence that has been imposed is pregnant the the court Will commute the sentence to life imprisonment.
- Intellectually disabled- Any person who is intellectually disabled if he commits any crime Is exempted from the death penalty because they are not able to understand the nature And consequence of the act.
What is the position of the Supreme Court on the death penalty?
The honourable Supreme Court opined that the accused must get a fair chance of hearing and an opportunity to present the evidence. The Honourable Court also added that before passing the sentence it is necessary to consider the convict’s age, social and educational background.
Conclusion
Capital punishment is also known as the death penalty. It is imposed for the most heinous crimes. Nowadays crime rate is increasing day by day.so it is very important to analyse the root of the problem. There are various factors responsible for this like poverty, illiteracy, family background, peer pressure and so on. Our constitution has also granted it as a valid form of punishment but only in the rarest of rare cases.
Some of the people think that by imposing strict kind of punishment it helps to deter crimes and helps to reduce the future crimes. On the other hand, some people think that it is cruel against humanity because it violates the Right to life our basic fundamental right given by our constitution.
In order to eradicate crime it is very important to create awareness among people. To maintain peace and harmony it is very necessary to eliminate the crime and not the criminals.
References
- AIR 947,1973 SCR
- LAXMI NAIK VS STATE OF ODISHA
