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Test: Should Capital Punishment be Abolished? - Judiciary Exams MCQ


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15 Questions MCQ Test Criminal Law for Judiciary Exams - Test: Should Capital Punishment be Abolished?

Test: Should Capital Punishment be Abolished? for Judiciary Exams 2024 is part of Criminal Law for Judiciary Exams preparation. The Test: Should Capital Punishment be Abolished? questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Should Capital Punishment be Abolished? MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Should Capital Punishment be Abolished? below.
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Test: Should Capital Punishment be Abolished? - Question 1

What is the primary difference between retributive theory and reformative theory regarding the justification of the death penalty?

Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 1
Retributive theory and reformative theory differ primarily in their perspectives on the justification of the death penalty. Retributive theory argues that the death penalty serves as a deterrent against heinous crimes, attributing criminal behavior to individual actions. In contrast, reformative theory posits that societal imbalances, rather than just individual actions, contribute to crime. This theory focuses on addressing and rectifying these broader social issues to prevent criminal behavior. By understanding these distinctions, we can appreciate the varied philosophical approaches to the death penalty.
Test: Should Capital Punishment be Abolished? - Question 2

What was the significance of the Supreme Court's decision in the case of Mithu V/s. State of Punjab regarding the death penalty in India?

Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 2
The Supreme Court's ruling in the case of Mithu V/s. State of Punjab was significant as it invalidated Section 303 of the Indian Penal Code, which mandated capital punishment for murderers. This decision marked a shift in the legal landscape regarding the death penalty in India, highlighting the Court's role in interpreting and shaping the country's criminal justice system. By striking down this provision, the Court addressed concerns related to mandatory capital punishment for a specific crime, reflecting evolving perspectives on the application of the death penalty in the Indian legal framework.
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Test: Should Capital Punishment be Abolished? - Question 3

According to recent trends, what change has been observed in the number of death penalty judgments in India over the years?

Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 3
Recent years have shown a notable shift in the trend of death penalty judgments in India, with a clear decrease in capital punishment verdicts over time. This change is evidenced by statistics indicating a reduction in the number of death sentences issued annually, reflecting a changing approach towards the imposition of the death penalty in the country.
Test: Should Capital Punishment be Abolished? - Question 4
What was the key recommendation made by the Law Commission of India in 2015 regarding the death penalty for crimes in the country?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 4
The Law Commission of India, in its report submitted in 2015, recommended the abolition of capital punishment for all crimes in India, with the exception of specific scenarios such as individuals engaged in acts of war against the nation or terrorism-related offenses. This proposal aimed to align India's stance on the death penalty with the evolving global trend towards the abolition of capital punishment for most crimes, highlighting various reasons supporting this significant change in policy.
Test: Should Capital Punishment be Abolished? - Question 5
What was the primary recommendation made by the Law Commission of India regarding the death penalty?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 5
The Law Commission of India recommended abolishing the death penalty, except in cases of terrorism. The commission proposed that life imprisonment serves as a more effective deterrent and criticized the 'rarest of rare' principle as potentially arbitrary. This suggestion aimed to address the challenges associated with the slow pace of judicial decisions and move towards complete abolition of the death penalty in the future.
Test: Should Capital Punishment be Abolished? - Question 6
Which Indian state has conducted the highest number of executions since India gained independence in 1947?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 6
Uttar Pradesh has conducted the highest number of executions in India since independence in 1947, totaling 354 executions. This state is followed by Haryana with 90 executions and Madhya Pradesh with 73. These statistics highlight the historical prevalence of capital punishment in Uttar Pradesh and underscore the state's significant role in implementing the death penalty within the Indian legal system.
Test: Should Capital Punishment be Abolished? - Question 7
Which of the following theories of punishment focuses on transforming the individual to prevent future crimes?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 7
The theory of punishment that focuses on transforming the individual to prevent future crimes is the Preventive theory. This theory aims to reform the offender through various means such as rehabilitation programs, education, and counseling to prevent them from committing crimes in the future.
Test: Should Capital Punishment be Abolished? - Question 8
What significant change was introduced in the concept of the death penalty through the Bachan Singh v/s State of Punjab case?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 8
The Bachan Singh v/s State of Punjab case brought about a crucial shift in the application of the death penalty by introducing the concept of the "rarest of rare" doctrine. This doctrine emphasized that the death penalty should only be imposed in cases of extreme gravity, where the circumstances are exceptionally severe. It set a precedent that the imposition of the death penalty must be based on reasonable grounds and reserved for the most exceptional and rare cases, marking a significant development in the jurisprudence surrounding capital punishment in India.
Test: Should Capital Punishment be Abolished? - Question 9
How does the concept of equality enshrined in Article 14 of the Indian Constitution relate to the debate surrounding capital punishment in India?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 9
The concept of equality enshrined in Article 14 of the Indian Constitution opposes capital punishment as it contradicts the right to life. While the Constitution does not expressly deem capital punishment unconstitutional, the principle of equality under Article 14 stands in opposition to the practice of capital punishment. This contradiction forms a significant part of the ongoing debate surrounding the retention or abolition of capital punishment in India.Response:
Test: Should Capital Punishment be Abolished? - Question 10
In which case was it determined that the death penalty did not violate Article 14, 19, and 21, but was found to be in violation of Article 19 and 21 due to the absence of a specified execution procedure?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 10
The case of Jagmohan Singh v/s State of Uttar Pradesh clarified that while the death penalty was not deemed to violate certain articles of the Indian Constitution, it was found to be in violation of Article 19 and 21 due to the absence of a specified procedure for its execution. This ruling highlighted the importance of having a well-defined process in place for the implementation of the death penalty to ensure that it aligns with the constitutional principles and safeguards the rights of the accused.
Test: Should Capital Punishment be Abolished? - Question 11
What was the outcome of the apex court's decision regarding the constitutionality of Section 303 of the IPC?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 11
The apex court deemed Section 303 of the IPC unconstitutional, as it mandated only capital punishment without granting the judiciary the discretion to consider other factors. This decision was made to ensure fairness and uphold fundamental rights. This ruling was significant as it highlighted the need for a more nuanced approach in sentencing, taking into account various factors beyond just capital punishment.
Test: Should Capital Punishment be Abolished? - Question 12
In the legal precedent case of Shatrughan Chauhan v/s Union of India, what crucial aspect did the apex court emphasize for the executive to consider before rendering a pardon?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 12
In the case of Shatrughan Chauhan v/s Union of India, the apex court emphasized the importance of the executive considering all relevant materials before rendering a pardon. This underscores the necessity of a thorough assessment of all aspects surrounding a case before making a decision on whether to grant a pardon. By doing so, the executive ensures that overriding circumstances are taken into account, preventing any violation of constitutional rights, particularly Article 21.
Test: Should Capital Punishment be Abolished? - Question 13
According to the interpretation of life imprisonment as outlined in the Indian Penal Code (IPC), what does life imprisonment signify?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 13
Life imprisonment, as per the Indian Penal Code (IPC), unequivocally denotes imprisonment for the remainder of the convicts' lives. This means that individuals sentenced to life imprisonment are to be incarcerated for the entirety of their lives without the possibility of release, except through legal mechanisms such as commutation or remission. This interpretation aims to ensure a severe punishment for serious offenses while also recognizing the possibility of seeking relief through constitutional provisions.
Test: Should Capital Punishment be Abolished? - Question 14
What legal recourse remains available to individuals serving life imprisonment in India, despite the stringent nature of the sentence?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 14
Individuals serving life imprisonment in India retain the right to seek commutation or remission as enshrined under Article 72 or Article 161 of the Indian Constitution. These provisions allow for the consideration of reducing the severity of the sentence or granting a pardon in certain circumstances. Despite the initial severity of a life sentence, these legal avenues offer a possibility for relief or clemency based on merit and compassionate grounds, ensuring a balance between justice and mercy in the Indian legal system.
Test: Should Capital Punishment be Abolished? - Question 15
What does the evolving societal perspective on crime and punishment in contemporary society primarily reflect?
Detailed Solution for Test: Should Capital Punishment be Abolished? - Question 15
The evolving societal perspective on crime and punishment in contemporary society primarily reflects a shift towards advocating for the rehabilitation and reformation of offenders. This change signifies a nuanced stance in modern times, emphasizing the potential for rehabilitating offenders rather than solely focusing on punitive measures.
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