Published On: 10th December, 2024
Authored By: Suruchi Sharma
Mangalayatan University Jabalpur
INTRODUCTION
One of the most contentious issues in the 21st century is capital punishment, With some advocating for its complete abolition from the country’s laws and others advocating for more offender to be sentenced under it in order to prevent crimes society is made up of human life which plays an important role in shaping the world that we live in today capital punishment also known as death penalty allows the state to punish anyone who commits a heinous or grievous crime by following legal procedure and take their life. Although many countries abolished that penalty, countries such as India still use these punishments in rarest of rare cases. The death penalty is not a new notion; it has been around since ancient times and it has been practiced all over the world by human society from civilizations like Rome and Greece. Even in British India Capital punishment was a common practice.
The concept of punishment is the belief to hold accountable a person committing any offense including capital punishment. Even though any type of punishment is served to fulfill the purpose of retribution and deterrence. Indian Legal system has various kinds of punishment mentioned according to the nature of an offence death penalty is a debatable issue due to its finality and irrevocable nature i.e. if there is a slight chance of reasonable doubt arising after the execution of the punishment, the state may itself commit an offence of killing an innocent person. As the famous quote by George Bernard Shaw, a political activist and critic says, “Criminals do not die by the hands of law. They die at the hands of other men.” The error or reasonable doubt cannot be corrected or resolved after the delivery of the capital punishment. Due to this capital punishment morality is being questioned by many human rights promoters, despite the fact that the Indian legal system still includes the death penalty as a part of it.
DEATH PENALTY IN INDIAN LAW
As the introduction of a new criminal manual, both Bhartiya Nyaya Sanhita [BNS] of 2022 and the Indian Penal Code [IPC] mentioned the death penalty as a punishment for various offenses. BNS includes the death penalty for crimes like terrorism, kidnapping, abduction, rape, and murder.
Even though the constitutionality of the Death penalty has been questioned multiple times it can be said that the Indian judiciary makes a point on that penalty remaining constitutionally valid. Fundamental rights of the Indian Constitution such as Article 21 article 14 and Article 19 which guarantees the right to life and equal treatment before the law. The judicial system has interpreted it in a way that allows the death penalty to be constitutionally valid if it is done according to the procedure established by law. Even when the grounds of the Battle for the constitutional validity of the death penalty are mentioned under the Preamble, Fundamental Rights, and Directive Principle, the judiciary stands its ground on upholding the validity of the death penalty in rare cases according to the procedure established by law.
INTERNATIONAL VIEW ON CAPITAL PUNISHMENT.
Where international conventions advocate for the limitation or total abolition of the use of the death penalty as a punishment, convention such as “The Universal Declaration of Human Rights (1948)” and “The International Covenant on Civil and Political Rights [ICCPR]” argues that human rights should be preserved and there should be necessary caution taken while delivery of capital punishment in extremely rare cases.
Countries can be classified into groups based on their stand on Death Penalty.
- Countries like Australia, Canada, France, the United Kingdom, the United States [ since 2008], and others have completely abolished the death penalty on all offences these countries are classified as Abolitionist Of All Crimes.
- Countries like China, Japan, Singapore, and others have restrained the death penalty only for extraordinary crimes that are majorly against Humanity or War crimes, these countries are classified as Abolitionists Of Ordinary Crimes.
- Countries like Malaysia, South Africa, and others are categorized as Abolitionists In Practice, as there has not been any death penalty delivered in a long time and they also desire to abolish the death penalty.
- Countries that continue to use deepeningas in punishment for certain crimes are categorized as Retentionist. India, Iran, and South Africa Are such countries, where South Africa has the highest rate of executions.
SUPREME COURT ON DEATH PENALTY
The Supreme Court of India has numerous times upheld the validity of Capital Punishment in India regardless of our Indian constitution Article 12 guaranteeing the right to life and personal liability, the same article allowed if done according to the procedure established by law.
The “RAREST OF RARE” Doctrine
In the case of Bachan Singh v. State of Punjab, a landmark case which resulted in the establishment of the doctrine of the rare by the Supreme Court of India, i,e, only in the most exceptional cases and heinous crimes for which there is no chance of rehabilitation of the offender whose actions have affected the society, the punishment of death penalty should be imposed.
In the case of Machhi Singh vs State of Punjab, the application of the ‘Rarest of Rare’ Doctrine was in this case. It lied down a few factors that should be fulfilled before considering a case when imposing the death penalty:
- Gravity of a crime: the impact of the offender’s action on society and the nature of the crime should be considered.
- Circumstances of crime and role of offender: The court should consider the circumstances such as the condition at which the accused committed the crime or the level of cruelty involved while committing a crime and the role of the offender in a crime such as the motive behind the offense of the offender, a previous convict, the age and mental status of the accused all these details should be taken consideration before classifying any case for imposing the death penalty.
- Rehabilitation: In any circumstances where there is a slight chance of rehabilitation or any chance of reform the offender should be encouraged and the death penalty should not be considered and the court should rather go for an alternative punishment to the offender.
In 2017 the Nirbhaya case shook the whole country and had a huge impact on society as a young woman in Delhi was brutallyraped and murdered by a group of people. This case also resulted in the public demanding the death penalty for the offenders. Taking into consideration the nature of the offense and the cruelty of the offender combined with the public demand, the Supreme Court considered the public sentiment and with all reasonable grounds upheld the death penalty for the offenders in this case.
ALTERNATIVE TO CAPITAL PUNISHMENT
The Supreme Court of India to uphold the doctrine of rarest of rare has introduced an alternative to the death penalty which is the concept of “full life” imprisonment. In the case of Pawan Kumar vs State of Haryana, the court considered life imprisonment without parole that is “full life imprisonment” instead of the death penalty upholding the doctrine of rarest of rare as the case did not fulfill the criteria or the factors laid down in the case of 1983, Macchi Singh vs State of Punjab.
CLEMENCY POWER
The powers of mercy conferred to the President of India and the Governors under Articles 72 and 161 of the Constitution are significant and have far-reaching implications. These powers give them the authority to review and potentially amend death sentences, allowing for greater flexibility and discretion in the administration of justice.
Clemency Power;
Pardon: The President or Governor may offer a full pardon, absolving the guilty person of all guilt and reinstating their rights.
Respite: This is the suspension of the execution of a sentence for a set amount of time, usually to allow for additional review or to provide the convict the opportunity to rehabilitate.
Remission: The President or Governor may lower the harshness of the punishment, such as commuting a death sentence to life imprisonment.
Commutation is the process of exchanging a lighter punishment for a more severe one, such as replacing a death sentence with a term of jail.
CONCLUSION
While the death penalty continues to be discussed around the world, the pamphlet contends that it remains necessary in India to protect society from hazardous criminals. However, it adds that it must be handed out with caution, which guarantees justice for the victims while safeguarding the accused’s rights.
The death penalty is still a hotly debated issue in India, with strong arguments both for and against its continuation. While many countries have eliminated or considerably reduced the use of death punishment, India continues to allow it as a penalty for some egregious crimes.
The document contends that the death penalty is a necessary deterrence given India’s complicated socioeconomic structure, where crime rates are high and the repercussions of certain actions can be disastrous. It is thought that the possibility of execution can dissuade potential criminals and keep significant crimes from occurring.
Capital punishment acts as a preventative measure in India’s complicated social terrain, but the government must strike the right balance between individual rights and social safety and security.
