Death Penalty in India | Criminal Law for Judiciary Exams PDF Download

Death Penalty in India

The death penalty, also known as capital punishment, is the highest form of punishment in India awarded for serious offenses. It is sanctioned by the Constitution under Article 21, allowing the state to take a life through established legal procedures.

International Perspective

While the United Nations urges a global moratorium on the death penalty, India is among the countries retaining this practice. Statistics show that only a small fraction of death penalties issued by trial courts are actually carried out.

Rarity of Death Penalty

Death sentences are rare and reserved for the "rarest of rare" cases, emphasizing life imprisonment as the norm. Judicial decisions aim to uphold human dignity and reserve the death penalty for exceptional circumstances.

Impact on Society

The efficacy of the death penalty in deterring crime is debated. Despite its existence, crime rates, especially against women, have not significantly decreased. The question of whether India should retain the death penalty remains contentious.

Procedure in India

• A session court can award the death sentence.
• The high court confirms the sentence for finality.
• The convict can appeal to the Supreme Court.
• A mercy petition can be submitted to the President under Article 72 of the Indian Constitution for pardon.

Arguments in Support of the Death Penalty

• The primary objective of implementing the death penalty is to remove individuals from society who pose a significant threat and are likely to cause further harm.
• It aims to address individuals who are deemed beyond rehabilitation, ensuring their removal from the community for the greater good.
• One of the key arguments in favor of the death penalty is its potential deterrent effect, as the severe consequences may discourage others from committing similar crimes.
• Advocates of the death penalty argue that it serves as a form of retribution for the victims and their families, providing a sense of justice and closure.
• Additionally, proponents suggest that the death penalty can aid in the management of prisons by reducing the population of long-term convicts and alleviating issues of overcrowding.

Arguments against the Death Penalty

• Rehabilitation Failure: One of the key arguments against the death penalty is that it signifies a failure in rehabilitating criminals, which is a fundamental aspect of a reformatory judicial system.
• Wrongful Convictions: In cases of wrongful convictions leading to the death penalty, innocent individuals may be executed without the possibility of compensation. In contrast, life imprisonment allows for compensation in such cases.
• Violation of Human Rights: Capital punishment goes against the right to life and is a denial of basic human rights.
• Deterrence Ineffectiveness: The death penalty does not effectively deter individuals from committing heinous crimes. The fear of a death sentence does not necessarily prevent people from engaging in such offenses, therefore lacking a significant deterrent effect.
• Moral and Ethical Concerns: Implementing the death penalty diminishes societal values, increases disrespect for human life, and creates the paradoxical notion that killing is wrong by using killing as punishment.
• Punitive Nature of Life Imprisonment: Spending an entire life in prison is often considered a more severe punishment than ending one's life through the death penalty. Hence, advocating for life imprisonment over capital punishment.

Conclusion

In conclusion, the validity of the death penalty is a subject of ongoing debate, questioning whether the state has the right to take away an individual's life. In India, capital punishment is only imposed in the rarest of rare cases. If the perspective that the state should not have the authority to take an individual's life is embraced, it is crucial to acknowledge that individuals also do not possess the right to arbitrarily take another person's life. The imposition of the death penalty by the state is viewed as a means to administer justice to the victim.