Should Capital Punishment be Abolished? - Judiciary Exams PDF Download

Introduction

• Throughout history, the death penalty has been a method used by rulers to maintain order within their domains.
• Two main theories exist regarding the justification of the death penalty: retributive theory and reformative theory.
• Retributive theory advocates for the imposition of the death penalty as a deterrent against heinous crimes.
• On the other hand, reformative theorists argue that crime is a result of societal imbalances rather than just individual actions.

Evolution of State Responsibility and Legal Systems

• Modern states often rely on punitive measures like the death penalty to address social issues rather than taking on their responsibilities to address underlying societal problems.
• Rulers historically justify their use of the death penalty as a means of maintaining law and order within their territories.
• Capital punishment is typically reserved for individuals who commit severe crimes that threaten public order.

Capital Punishment in India

• Death penalty is a legal sanction in India, with a few executions carried out since 1995.
• The primary objective of punishment is to rehabilitate offenders and reintegrate them into law-abiding society.
• In the case of Mithu V/s. State of Punjab, the Supreme Court invalidated Section 303 of the Indian Penal Code, which mandated capital punishment for murderers.
• Official records suggest 52 executions in India since Independence, but independent research indicates a much higher number, casting doubt on the accuracy of official statistics.

Death Penalty in India

• Research conducted by National Law University, Delhi revealed that out of 1,617 individuals sentenced to death by trial courts in India, only 71 cases saw the confirmation of capital punishment.
• Since 1947, there have been 755 executions in India, as confirmed by NLU, Delhi.
• A report from the Law Commission of India in 1967 indicated that between 1953-63, 1,410 cases resulted in the imposition of the death penalty in India.

India's Stance on the Death Penalty

• In December 2007, India opposed a UN General Assembly resolution advocating for a temporary ban on the death penalty.
• In November 2012, India once again voted against a UN General Assembly draft resolution, maintaining its support for capital punishment and opposing its global abolition.
• In a report submitted on 31 August 2015, the Law Commission of India recommended the abolition of capital punishment for all crimes in India, except for individuals engaging in acts of war against the nation or for terrorism-related offenses.
• The report highlighted reasons supporting the abolition of the death penalty, including its elimination by 140 other countries, its inconsistent and flawed application, and its lack of proven deterrence against criminals.

Trends in Death Penalty Judgments

• Recent years have witnessed a significant shift in the trend of death penalty judgments in India, with a noticeable decrease in capital punishment verdicts over time.
• In 2019, trial courts in India issued 102 death sentences, marking a reduction of over 60% compared to the 162 death sentences handed down in 2018.

Types of Offenses Leading to Death Sentences

• Most death sentences were imposed for murders, with 45 cases, and murders involving sexual violence, with 58 cases, in 2018.

Legal Provisions for Death Penalty in India

• In India, death sentences can be pronounced under various sections of the Indian Penal Code (1860) and 24 other state and central laws that contain provisions for capital punishment.

Execution Statistics in India

• Since India's independence in 1947, Uttar Pradesh has conducted the highest number of executions, totaling 354, followed by Haryana with 90 and Madhya Pradesh with 73. 
• In 2018, there was a significant increase in new death sentences, reaching 162, marking a 50% rise compared to the previous year.

Reasons Behind Death Penalty Verdicts

• The apex court may issue death penalties to deter crime or due to external pressures. 
• The number of death penalties varied over the years, showing fluctuations from 150 in 2016 to 108 in 2017, a significant increase to 162 in 2018, and a subsequent decrease to 102 in 2019. 
• These fluctuations could result from various factors, including human error and complexities in the social structure.

Law Commission's Recommendation

• The Law Commission of India suggested abolishing the death penalty except in terrorism cases. It argued that the 'rarest of rare' principle could be arbitrary and that life imprisonment is a more effective deterrent. 
• While there was not a unanimous agreement on this recommendation, the Commission aims to completely abolish the death penalty in the future, acknowledging the challenges due to the slow pace of judicial decisions.

Debates on the Death Penalty

• There are ongoing debates surrounding the abolition of the death penalty.
• Some argue in favor of the death penalty for a safer society, while others advocate for its abolition due to human rights violations.
• It is emphasized that the death penalty should be reserved for the rarest of rare cases.
• Over time, the concept of the death penalty has evolved within the judicial system, with many cases opting for life imprisonment instead.
• Although death penalties have been awarded, executions are relatively infrequent.

Theories of Punishment in Criminal Jurisprudence

• Criminal jurisprudence outlines five theories of punishment: Deterrent, Retributive, Preventive, Reformative, and Expiatory.
• These theories aim to prescribe appropriate punishments that align with the nature of the crime.
• Questioning whether the death penalty effectively fulfills these theories, especially when life imprisonment can also address the requirements.
• Execution results in the permanent removal of the individual from society, hindering opportunities for reform or atonement.
• Errors in judgment cannot be corrected post-execution, emphasizing the need for thorough consideration and a speedy trial process.

Personal Perspective on the Death Penalty

• From a researcher's standpoint, the swift delivery of judgments is crucial, considering all aspects of reasonableness.
• It's important to weigh the implications of both death penalty and life imprisonment in light of the overarching objectives of punishment.

The Significance of Capital Punishment

• The practice of capital punishment has deep roots in historical legal systems, such as Mohammedan law, indicating its enduring nature.
• Debates surround the abolition of the death penalty, with varying opinions on whether it should be eliminated or retained.
• If capital punishment were to be abolished in the near future, there are concerns that crime rates might surge significantly.
• Noteworthy is the transition observed in the apex court, where many cases of capital punishment have been converted to life imprisonment.

Impact of Crimes on Society

• Certain crimes have a broad impact on society as a whole, while others are more localized, affecting individual victims.
• For instance, terrorism represents a crime that affects the entire society due to its widespread and devastating consequences.
• Recognizing the severity of such offenses, the law commission has recommended capital punishment for cases related to terrorism or abetment of war.

Is the decision or recommendation in contrast to the judicial proceedings of the court?

• Question: Does the "rarest of rare" doctrine align with the goals of prosecution and societal benefit, or does its abolition risk increasing crime rates? In a country like ours with high crime rates, judicial decisions must consider the unique societal context.
• Concerns: The application of the death penalty raises complex constitutional issues such as the potential for miscarriages of justice, errors, and the challenges faced by the marginalized in the legal system.
• Transition to Lethal Injection: As countries worldwide shift from traditional execution methods to lethal injection, India faces the question of whether the Supreme Court should consider this transition. The method of execution, whether hanging or shooting, is being reevaluated.
• Death Penalty in India: India is among the 83 countries that retain the death penalty, typically through hanging or shooting. The Law Commission's recent document on execution methods solicits opinions on the topic without questioning the necessity or justification of the death penalty.

The Need for Appeal to the Supreme Court

• The importance of providing the accused with the right to appeal to the Supreme Court in cases involving death penalty decisions.
• The trends in the Supreme Court's judgments regarding the death penalty in Indian Criminal jurisprudence reflect a combination of the deterrent theory and the reformative theory of punishment. This approach aims to deter offenders while also offering them the opportunity to reform through imposed punishments. The debate surrounding capital punishment in India involves differing opinions, with some supporting its retention and others advocating for its abolition.
• In India, capital punishment is retained with the condition that it is reserved for the "rarest of rare cases" and for "special reasons." The criteria defining these exceptional circumstances have not been explicitly outlined by either the legislature or the Supreme Court.
• While the concept of equality enshrined in Article 14 of the Indian Constitution opposes capital punishment as it contradicts the right to life, the Constitution itself does not expressly deem capital punishment unconstitutional. Over time, the constitutional validity of the death penalty has been challenged in various legal cases.

Legal Cases on Death Penalty in India

• Jagmohan Singh v/s State of Uttar Pradesh: In this case, it was established that the death penalty did not violate Article 14, 19, and 21. However, it was found to be in violation of Article 19 and 21 due to the absence of a specified procedure for its execution. The decision to award either death penalty or life imprisonment is left to the judge based on the circumstances and facts of the case.
• Rajendra Prasad v/s State of Uttar Pradesh: This case highlighted that the death penalty violated Article 14, 19, and 21. It was emphasized that two essential elements must be present for imposing capital punishment: a special reason must be documented for the imposition of the death penalty, and it should only be applied in extraordinary circumstances.
• Bachan Singh v/s State of Punjab: In this case, the previous judgment was overturned. The concept of the "rarest of rare" cases was introduced, suggesting that only in situations of extreme gravity should the death penalty be applied. The Supreme Court also invalidated Section 303 of the IPC, which mandated death penalty for murder, emphasizing that the imposition of the death penalty should be based on reasonable grounds and fall under the category of the "rarest of rare" doctrine.
• Statistics on Death Penalty in India: As of 2018, India was listed among the top 7 countries in terms of awarding the death penalty. According to Project 39 of the NLU, Delhi, lower courts issued 162 death penalties, subject to possible commutations. The year 2018 saw the highest number of death sentences in a century, with 162 being the previous peak in 2007.

Rarest of Rare Cases in Indian Judiciary

• Manner of Commission of Murder: The manner in which the murder is carried out must be exceptionally brutal or inhuman.
• Motive Behind the Murder: There should be a clear motive or intention behind the commission of the crime.
• Anti-Social or Socially Deterrent Nature: The crime committed should have a significant impact on society, deterring others from committing similar acts.
• Magnitude of the Crime: The seriousness and scale of the crime play a crucial role in determining its classification as a rarest of rare case.
• Personality of the Murderer: Factors such as the history, background, and intent of the perpetrator are taken into account.

Constitutional Validity of Capital Punishment

• In a landmark case, the Supreme Court upheld the constitutional validity of hanging as a mode of execution in a criminal offense, stating that it was a fair and just procedure in line with Article 21.

Legality of Death Sentence

• The court established that the death penalty remains constitutionally valid when it falls within the criteria of rarest of rare cases, as delineated in the Bachan Singh case, emphasizing the importance of this classification.

Striking Down of Section 303 of IPC

In a significant ruling, Section 303 of the IPC was deemed unconstitutional as it mandated only capital punishment without providing the judiciary with the discretion to consider other factors, rendering the procedure unfair and in violation of fundamental rights.

Basis of Commutation by the Apex Court

• The apex court often commutes sentences due to various reasons, even after initially awarding the death penalty. This is significant as there are numerous pending cases where crucial factors like lack of evidence or other essential elements may be missing.

Instances of Commutation

• In 2018, the apex court commuted 11 out of 12 death penalties, primarily for non-homicidal offenses and cases involving sexual violence.
• The high court of India commuted 36 out of 58 capital punishments to life imprisonment, showcasing a trend towards lesser sentences.

Legal Precedent: Shatrughan Chauhan V/s Union of India

• In this case, the apex court emphasized the importance of the executive considering all relevant materials before rendering a pardon. Failure to assess overriding circumstances while rejecting pardon requests could lead to a violation of Article 21 of the constitution, warranting the court to convert death penalties to life imprisonment.

Rajiv Gandhi Assassination Case

• The apex court commuted the death sentences of three accused individuals in this case. Subsequently, the state of Tamil Nadu proposed to remit life sentences and pardon all seven convicts, leading to a legal challenge. The apex court raised several crucial questions in response to this proposal.

Understanding Life Imprisonment and Judicial Perspectives

• One of the questions raised pertains to the interpretation of life imprisonment as outlined in section 54 read with section 45 of the Indian Penal Code (IPC). It questions whether life imprisonment signifies incarceration for the entirety of the prisoner's life and if there exists a possibility for a distinct classification in cases where, instead of a death sentence, imprisonment for the convict's remaining life without any chance of remission may be imposed.
• The Supreme Court has clarified that life imprisonment unequivocally denotes imprisonment for the remainder of the convicts' lives. However, it's essential to note that the right to seek commutation, remission, etc., as enshrined under Article 72 or Article 161 of the Indian Constitution, remains available.

Impact of Judicial System on Indian Democracy

The Indian democratic setup is intricately tied to the functioning of its judiciary, which operates under various influences such as media trials, external pressures, and other variables. Any substantial alterations within the judicial system require considerable time, and modifications in the apex court's judgments demand years of observation.

Evolving Societal Perspectives

• Historically, societal norms and perceptions around crime and punishment have evolved significantly. In the past, the consensus leaned towards supporting the retention of the death penalty for offenders. However, in the contemporary era marked by shifting dynamics, opinions are divided, with some advocating for capital punishment while others emphasize the potential for rehabilitation and reformation of offenders.
• Previously, there was a prevalent belief in the necessity of retaining capital punishment as a means of retribution. However, contemporary society reflects a nuanced stance, with a segment advocating for the abolition of the death penalty in favor of emphasizing offender rehabilitation.

Potential Future Trajectories

• Given the evolving nature of societal attitudes towards criminal justice, there exists a possibility that the need for capital punishment may diminish over time. The focus might shift towards holistic reformation strategies for offenders, aligning with changing perceptions within society.

Definition of "Rarest of Rare" Concept

• The interpretation of the term "rarest of rare" in legal contexts can vary over time and across different judicial decisions.
• Societal concerns evolve, leading courts to adjust the criteria for categorizing crimes and determining the severity of convictions accordingly.

Possibility of Errors in Judicial Judgments

• Judicial decisions, even those made by the highest court, are susceptible to human error in certain circumstances.
• Once a capital punishment is carried out, there is no way to reverse the irreversible consequences of such a decision.

Role of Apex Courts in Criminal Jurisprudence

• The apex court may deliver judgments based on various theories within criminal jurisprudence to advance societal progress and welfare.