Indian Journal of Integrated Research in Law Volume II Issue IV | ISSN: 2583-0538

A CRITICAL STUDY ON CAPITAL PUNISHMENT IN INDIA

M. Sangeetha, BA.LLB (HONS), Saveetha School of Law, Saveetha School of Medical and Technical Sciences
(SIMATS)

ABSTRACT

This study identifies capital punishment as a component which manipulates

youngsters to know about Death penalty is considered one of the most
debated, ancient types of punishment in almost each society observed inside
the particular areas of the metropolis of Chennai, Madurai. Data turned into
collected by way of the usage of on-line interview techniques so that accurate
and authentic information from the concerned people ought to be
collected.This take a look at, however, gives out some new findings
concerning Do you guide capital punishment in India? How do you rate that
the implementation of capital punishment in India violates the reformative
theory? The best manner to measure attachment to capital punishment among
people of all ages is to appearance at the percentage of folks who become
aware of with a laws and group. Death penalty thought to be awarded
simplest in special case asking human beings approximately their views on
capital punishment Death Penalty shall be handled as terrific punishment
which will handiest be imposed on special reason. Accused has right of
hearing, Individualisation of sentence need to be present thinking about
individual circumstances. Questions Designed consistent with To save cost
and time and to preserve the cooperation and goodwill of the respondents;
the questions had been kept easy and straight to the point.The research has
followed the empirical research with convenience samplings methods.The
sample size 200 .

Keywords: capital punishment, implementation, Accused, judgements,

violations.

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Introduction

Capital Punishment is also known as a loss of life penalty, execution of an culprit sentenced to
demise after conviction of a criminal offence with the aid of a court docket of law. Indian
Criminal justice device is one of the crucial parts of capital punishment.India retained the 1861
Penal Code at independence in 1947, which furnished for the dying penalty for murder. The
idea of abolishing the demise penalty expressed through numerous members of the Constituent
Assembly at some point of the drafting of the Indian Constitution between 1947 and 1949,
however no such provision became incorporated within the Constitution. In the subsequent two
decades, to abolish the dying penalty, private participants payments had been brought in each
Lok Sabha and Rajya Sabha, but none of them were adopted. It become predicted that between
1950 and 1980, there had been 3000 to 4000 executions. It is more difficult to degree the wide
variety of humans sentenced to loss of life and completed between 1980 and the mid-1990s. It
is envisioned that or 3 people had been hanged annually. In the 1980 Bachan Singh judgment,
the Supreme Court dominated that the demise penalty should simplest be used within the
“rarest of rare” instances, however it is not clear what defines the rarest of the rare.In colonial
India, demise turned into prescribed as one of the punishments within the Indian Penal Code,
1860 (IPC),which listed some of capital crimes. It remained in impact after independence in
1947. The first striking in Independent India was that of Nathuram Godse and Narayan Apte
in the Mahatma Gandhi assassination case on 15 November 1949.Under Article 21 of the
Constitution of India, no individual may be deprived of his life besides according to technique
mounted by way of law.Ninety consistent with cent of the states have supported maintaining
loss of life penalty in the country, the authorities informed the Rajya Sabha on Friday where a
personal member's invoice in search of abolition of capital punishment came up for
consideration. Responding to the debate, Minister of State for Home G Kishan Reddy said the
authorities is examining the difficulty and is but to take a final call. In August 2015, the Law
Commission had advocated abolition of loss of life penalties except in cases of terrorism and
waging warfare towards India. Since, the matter falls in the concurrent listing of the charter,
the centre had sought the opinion of states in October 2015.

After numerous reminders, 14 states and 5 Union Territories responded. "90 in step with cent
need to preserve demise penalty except one state," Reddy said. No society wants to kill a
individual, however on the other facet there are a few heinous crimes like Nirbhaya also within
the identical society, the minister said. "The authorities is seized of the matter and is inspecting

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this issue. It may also take a view on the report after accomplishing a extensive consensus in
this matter," stated Reddy. Over concerns that during a few instances harmless and poor human
beings could be wrongly convicted, the minister advised the Members stated that the country's
charter has provided several tiers of steps to guard the innocents. "If a trial court awards capital
punishment, then it may be appealed earlier than the High Court after which governor of states.

In 1971 the United Nations General Assembly passed a choice that, “so as absolutely to
guarantee the proper to life, supplied for in…the Universal Declaration of Human Rights,”
referred to as for proscribing the huge sort of offenses for which the demise penalty may be
imposed, with a view toward abolishing it altogether. This decision modified into reaffirmed
through the General Assembly in 1977.In the 1990s many African worldwide places—
including Angola, Djibouti, Mozambique, and Namibia—abolished capital punishment,
despite the fact that maximum African worldwide places retained it. In South Africa, which
formerly had one of the world’s maximum execution rates, capital punishment was outlawed
in 1995 thru the Constitutional Court, which declared that it come to be incompatible with the
prohibition toward cruel, inhuman, or degrading punishment and with “a human rights culture.
”Supporters of the demise penalty recall that people who devote murder, because of the truth
they have got taken the life of another, have forfeited their personal proper to life. Furthermore,
they recall, capital punishment is a simply shape of retribution, expressing and reinforcing the
ethical indignation now no longer handiest of the victim’s family however of law-abiding
citizens in general. By contrast, fighters of capital punishment, following the writings of
Cesare Beccaria (in particular On Crimes and Punishments [1764]) argue that, thru legitimizing
the very behaviour that the law seeks to repress—killing—capital punishment is
counterproductive withinside the ethical message it conveys. Moreover, they urge, while it's
far used for lesser crimes, capital punishment is immoral because of the truth it's miles very
well disproportionate to the damage done.

Abolitionists additionally claim that capital punishment violates the condemned person’s
proper to life and is essentially inhuman and degrading.Although dying modified into
prescribed for crimes in plenty of sacred religious files and traditionally became practiced
widely with the assist of religious hierarchies, nowadays there can be no agreement amongst
spiritual faiths, or among denominations or sects inside them, on the morality of capital
punishment. Beginning withinside the final half of the 20th century, growing numbers of
religious leaders—in particular internal Judaism and Roman Catholicism—campaigned in

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competition to it. Capital punishment have become abolished with the resource of the
dominion of Israel for all offenses except treason and crimes in competition to humanity, and
Pope John Paul II condemned it as “cruel and unnecessary. ”To evaluate approximately the
capital punishment in India.

Objectives

● To know about capital punishment.

● To know about advantage of capital punishment.

● To analyse capital punishment is morally right.

● To know about execution of an offender.

Literature review

Dr. Vimal R. Parmar2015 The above mentioned quote can quite easily imply that where
exactly the phrase “Draconian Laws and Methods” origi- nated. Barbarism has always been
the root of ancient man and some even argue that somehow, that still has not been lost,
evidently on account of the death penalty. In the histo- ry of punishment, capital punishment
has always occupied a very important place. In ancient times, and even in the mid- dle ages,
sentencing offenders to death was a very common kind of punishment. Even what might be
considered as minor offences in modern criminal law attracted the death penalty in those days.
In England, there was a time when there were as many as 200 felonies for which the punishment
was the death penalty.(Gupta 1986)

Akanksha Madaan 2020 Death penalty is one of the most debated, ancient forms of
punishment in almost every society. Awarding capital punishment on rarest of rare cases
includes a lot of controversies in different judgements. The intent of study is to find out that
awarding such type of punishment in rarest of rare case is just and fair? also have to identify
on what basis our judiciary use to term a particular criminal act in rarest of rare case. The study
for the research adapted is qualitative based on the decisions of different cases related to brutal
acts.(Bhan 2010)

Shivani 2020 The Death penalty is one of the most controversial topics of the Indian judiciary.
It exists from the ancient periods and still prevailing in some major countries, India is one of

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them. In India, death punishment is given only in Rarest of the rare cases but what is the exact
meaning of the phrase ?Rarest of the rare cases? has caused much controversy. The ultimate
aim to give punishment anywhere is to reduce the crime and to impose some penalty on the
offender. The Death sentence is the killing of an offender in the name of justice. India follows
the same phenomenon but as per the Indian constitution, it is the violation of the provisions of
right to life and dignity provided in Art. 21, still it is constitutionally valid.(Anandavenu et al.
2019)

S.R Muralivasan Human 2020 life place a great role in the society because of its importance
where it paves a way to lot of emotions and attachments in cycle of nature. That could be a
reason why human life is important in this eternal world which makes different from other
living creatures in the world. Death penalty can be simply referred in simple sense, where it
where the life of a person is taken by the State by following the due procedure of law for the
grave offence, which the person has committed. But this death penalty is not new to this
contemporary world, where it got its existence from ancient time, which stands to be immortal.
It was practiced in all centuries of human life society. This 21st century has made something
special , where it openly confesses that time has come for abolishment of death penalty, by
making up satisfactory opinions and arguments and posing certain conditions on which death
penalty should be imposed.(Kumari and Kumari, n.d.)

(Shivam Dubey and Pooja Agarwal 2020) Capital punishment is a highly debated matter. It
is legal but rarely voted for in India. Imposition of the penalty is not always followed by,
because of the possibility of commutation to life imprisonment. Since 1995, it has been used
only four times on Auto Shankar in 1995, Dhananjoy Chatterjee in 2004, Ajmal Kasab in 2012
and Afzal Guru in 2013. Although there are numerous countries that proscribe death sentences,
there is no international consensus till date regarding its legality. The Indian legal system too
has struggled with the constitutionality of death penalty and the circumstances in which it may
be granted. This paper analyses the constitutional validity of death sentence and the
circumstances under which it may be granted with the help of relevant cases and the ‘rarest of
the rare’ test that was prescribed by Supreme Court in Bachan Singh case. This paper concludes
by observing that Indian judiciary is moving away from the implementation of capital
punishment as there is greater emphasis on alternative modes of punishment and the
international legal developments which are against the capital punishment.(Phillips 2009)

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Swagata Yadavar 2020 ,On February 1, India may witness its first death penalty in five years
as the four men convicted for the December 2012 rape and murder of Jyoti Singh, or
‘Nirbhaya’, are hanged as per a warrant issued by a Delhi sessions court. President Ram Nath
Kovind had earlier rejected a mercy petition filed by one of the convicts.India has carried out
only four executions since 2004, the last having been in 2015. Three of the accused were
convicted of terrorism while one was convicted for raping a minor.(Gandhi 2016)

Priyanka 2017India is a well developing country at the same time lots of crime rates were
increasing nowadays. There are lots of legislation in India to stop and control crimes, even
though the crime rates are increasing because the punishments are not sufficient for the
crimes.The punishment should be severe to reduce the crime rate. All punishments are based
on the same motive to give penalty for the wrongdoer.. There are different kinds of punishment
in India such as capital punishment, life imprisonment, imprisonment etc(Hood and Deva
2013)

Rukmani 2020The four convicts in the 2012 Delhi gangrape case could be hanged on February
This will be the first time in 5 years a death penalty will be carried out in India and puts a
spotlight on courts handing out capital punishment for murders involving sexual violence.
(“Proponents of Capital Punishment” 2017)

Monika 2019Through the passing centuries, we have seen the rise and fall of various dynasties
but the only thing common between them was their use of death penalty as a means of
administering justice.If we look at the time of the Mauryan Dynasty, the principal followed to
punish a person was an eye for an eye, a hand for a hand, etc. The later dynasties followed
different types of punishments such as dragging the body by a horse, cutting of head or any
body part, stamping by an elephant which was very brutal in nature. In the world perspective,
the criminal laws regarding death penalty were first codified by King Hammurabi of Babylon.
There were other forms of death penalty.(Barzun 2017)

Taran Deol 2020The four convicts in the 2012 Delhi gang rape and murder case are set to be
hanged together at 5.30 am Friday, more than seven years after the gruesome incident stunned
the country and provoked street protests demanding justice.This is the first time that four
convicts will be hanged together on the same platform.The last death sentence executed by the
justice system in India was the 30 July 2015 hanging of terrorist Yakub Memon, who was
convicted in the 1993 Mumbai blasts.Of the six men convicted in the Delhi gang rape and

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murder case, Ram Singh allegedly committed suicide on 11 March 2013 in Tihar jail. Another
convict, a minor at the time the crime was committed, was released after three years at a reform
home.(Yost 2019)

Prakash Rao 2018Parliament had last year expanded the scope of death penalty by introducing
it in cases of rape of girls below 12 years under Protection of Children from Sexual Offences
(POCSO).As per Project 39A report on death penalty, released by National Law University,
Delhi, between 2000 and 2014 trial courts sentenced 1,810 people to death, more than half of
which were commuted to life imprisonment and about a quarter of those, 443, were acquitted
by the Supreme Court and high courts.The Supreme Court had upheld the death sentence of 73
of these prisoners, out of which many had already spent a decade on death row.(Scherdin 2016)

Ravi kumar 2015The Death Penalty Research Project is an attempt to answer questions
concerning the socio-economic profile of prisoners sentenced to death in India along with
enquiring into the manner in which they are sentenced to death. Through personal interviews
with prisoners and their families, the aim was to focus on aspects of the death penalty that have
received very little attention in India and explore new fronts for discussion beyond analy- sis
of Supreme Court judgments. This Report must be read in the context of our position that the
death penalty is a unique punishment. The every- day uncertainty between life and death sets
capital punishment apart from imprisonment of any other kind.(Indian Law Commission 1967)

K. G. Kannabiran 2008The sentence of death awarded to Saddam Hussein, the former

President of Iraq by an interim Iraqi Government still under the supervision of US and allied
forces was, like all judicial sentences of death, pure and simple pre-meditated judicial
assassination. While political trials with international ramifications are a special case, it
remains absolutely essential to contest the validity of all death sentences as a form of
punishment. It is also important to recognise that the extent of power enjoyed by a state (and
the extent of its fear of dissent) determines the character and conduct of state institutions
entrusted with dispensing justice and thereby the harshness of punishments meted out.(Kramer
2014)

Prasanth singh 2019Following the Supreme Court’s dismissal of review petitions by all four
convicts in the Nirbhaya rape and murder case, the four have moved one step closer to the
gallows. In the light of this, and the repeated demands to punish all rape convicts with the death
penalty, it becomes important to examine empirical evidence on the topic.(Kumar 2019)

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KALEESWARAM RAJ 2020In an essay written in the Yale Law Journal in 1989, scholar
Paul Whitlock Cobb Jr. discussed the significance of mercy in death penalty. He talked about
various facets of compassion. However, he lamented that “mercy, which encompasses the
discretion of decision-makers at every stage of the death penalty process, has been eroded by
politics and an increasingly bureaucratised capital punishment system”.(Sampath Kumar 2003)

Ramadoss 2015All punishment are based on the same proposition that is there must be a
penalty for wrongdoing. Most systems of religion or ethics teach that bad action lead to bad
consequence. There are two main reason for inflicting punishment on wrongdoers discourage
others from doing wrong. The death penalty also rests on the same proposition as other
punishment. Because of its drastic and irrevocable nature, It is even more open to debate over
its fairness, appropriateness and effectiveness than other punishments. The proponents of death
penalty believe that it is an effective way to stop crime. They focus on the death penalty as a
deterrent or something that will stop or lesson crime. They believe that the death penalty brings
the most justice to the victim of a heinous crime.(Powe 2018)

Nisha Sharma 2020The Criminal laws were made more stringent, when in the year 2013 the
Indian Penal Code, 1860 stood amended and Section 376A was inserted which enunciates death
penalty for the offence of rape resulting into persisted vegetative state of victim or death. The
amendment was caused pursuant to the suggestions recommended by the Judicial Committee
formed by the Central Government to provide suggestions to "severely" deal with sexual
assaults against women which is visibly an aftermath of vicious gang rape and murder of a 25
year old in Delhi in 2012.(Hochkammer 2017)

Hartman 2017The National Law University’s Death Penalty Research Project has prepared a
socio-economic profile of prisoners sentenced to death in India, using statistics and case
studies, to help create a resource for an in-depth understanding of the administration of the
death penalty in India.Over the period July 2013 to January 2015, the Project was able to
interview most prisoners on death row, and their families. There are no reliable numbers of the
total number of death row prisoners in India. There is also no official record with any Ministry
or agency of the total number of prisoners executed since Independence.(Gerstein 2017)

Mayank Shekar 2020 This article titled “A Critical Analysis of the Law of Capital Punishment
in India” delves upon the various facets of Capital Punishment and examines the idea of
punishment. Since time immemorial, nature has had some laws that are considered eternal.

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These natural laws, though static in nature, got their dynamism from human beings. As human
society started taking shape, the anti-social elements also evolved with time.(Evjen 2017)

Lawrence 2020This book systematically investigates the capital punishment of girls and
women in one jurisdiction in the United States during nearly four centuries. Using Connecticut
as an essential case study, due toits long history as a colony and a state, this study is the first
of its kind not only for New England but for the United States. The author uses rich archival
sources to look critically at the gendered differential in the application of the death penalty
from the seventeenth century until the abolition of capital punishment in Connecticut in
2012.(Mohapatra 2016)

Methods and Materials :

The researcher obtained the primary source of data by conducting an empirical study on
seeking responses from the general public based on a questionnaire and also relied on
secondary sources of data such as books, journals, e-sources, articles and newspapers. The
research method followed here is empirical research. A total of 200 samples have been taken
out of which is taken through convenient sampling methods. The sample frames taken by the
researcher are various students and their parents especially belonging to the rural parts of
Madurai, Chennai. The independent variables are age, gender and occupation. The dependent
variables are that,Do you support capital punishment in india,How do you rate that the
implementation of capital punishment in india violates the reformative theory.

Analysis and Discussion :

AGE FREQUENCY :

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With respect to the current survey results, the frequency table is created out of the survey
responses received from several people. The present frequency table is based on age of the
persons. Among the persons who are between 18-25, there were 29.2% sample responses taken
and between the 26-35, there were about 29.2% sample responses taken. Between those who
were between 36-45 there were 28.7% sample responses taken and between those who are 45
& above , there were 12.9% sample responses for this survey. Thus, on the whole there were
about 200 samples taken for the present survey.

GENDER FREQUENCY :

With respect to the current survey results, the frequency table is created out of the survey
responses received from several people. The present frequency table is based on gender of
persons who were taken as samples. Among the samples, the number of female responses are
comparatively more when compared to the number of responses by male samples. Where the
sample response from female person is 44% and the response from male is 42.1% in number
and the sample response from people not prefer to say are 13.9% in number.Thus, on the whole
there were about 200 samples taken for the present survey.

OCCUPATION FREQUENCY :

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With respect to the current survey results, the frequency table is created out of the survey
responses received from several people. The present frequency table is based on occupation of
the persons. Among the persons who are students, there were 20.6% sample responses taken
and among the public sector , there were about 26.8% sample responses taken. Among those
who have a private sector there were 16.7% sample responses taken and among those who have
their own business , there were 16.7% sample responses taken and among those who are
unemployed , there were 19.1% sample responses for this survey. Thus, on the whole there
were about 200 samples taken for the present survey.

Question 1 :

Legend :

From the graph, it is observed that it exhibits the occupational distribution of the respondents
among different genders of the respondents and their opinion on Do you support capital
punishment in India.

Results :From the survey : in graph 1,it is observed that it exhibits the occupational distribution
of the respondents among different genders of the respondents and their opinion on Do you

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support capital punishment in India. The maximum number of responses were collected from
Male and female respondents who are students, workers of public and private sectors and daily
workers.

Question 2:

Legend :

From the graph 2, it is observed that it exhibits the age distribution of the respondents among
different genders of the respondents and their opinion on How do you rate that the
implementation of capital punishment in india violates the reformative theory.

Results :

From the survey : in graph 2, it is observed that it exhibits the age distribution of the
respondents among different genders of the respondents and their opinion on How do you rate
that the implementation of capital punishment in india violates the reformative theory.The
maximum number of responses were collected from both the male and female respondents who
are between age groups of 18-25 and 26-35.

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Discussion

The study says that Proper law have to be laid down in Many statues provide awarding of
Capital Punishment. As it became determined that there had been many laws present for
awarding demise penalty however nobody use to offer the grounds under which such
punishment have to be penalized in rarest of uncommon case, which in end result creates quite
a few confusion in the thoughts of jurist that on what floor the equal punishment must be
presented to the accused.Decision must be inquisitive about due cares India is a democratic
country where public at large selection prevails. The guardians of charter has discretionary
energy to award the death penalty by following the precedent choices of constitutional court,
however it turned into encouraged that at the same time as awarding the capital punishment the
Jurist ought to keep in mind that even though the accused has dedicated brutal act but if there
are a few percent situations indicating that the accused will no longer going to damage the
society, on this floor he must now not be provided with dying penalty and this could be
determined via his past behaviour inside the society before committing crime.Death Penalty
have to now not be not on time after its pronouncement In Triveni Bai v. State of Gujarat SC
held that loss of life penalty execution ought to be delayed on reasonable grounds, in order that
the accused may get truthful trial. But here the researcher advise that the jury shall now not
delay the demise penalty after its pronouncement and this method must be abolished via
enforcing the obligation on the constitutional guardians to properly examine the act relating to
the offence so that the accused may also have honest trial and after analyzing best the Jurist
need to pronounce the demise penalty which must no longer be not on time. Here the researcher
does not mean that the accused should now not get the proper to appeal however that right must
be supplied for a specific period.No age limit ought to be prescribed for awarding of death
penalty In our us of a no law permit to award dying penalty to the juvenile however if any
juvenile commits heinous crime like rape, murder etc which falls below the category of rarest
of rare case it manner that even as committing the offence he has enough quantity of know-
how for the act he changed into committing and on this floor he need to be offered with capital
punishment.

Conclusion

After the study, the researcher humbly submitting some suggestions regarding death penalty
before the law commission which was found lacking in judiciary.

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Capital punishment which is visible as a cruel and inhuman in some jurisdictions is

constitutional in India and a few different international locations, and the proper to existence
and human dignity as furnished by using the Indian Constitution does no longer prevent an
offender from being completed if determined guilty of sure crimes by using a Court of capable
Jurisdiction. In different phrases the same charter that has provided for these rights has also
furnished death as a penalty for sure criminal offences. In India the difficulty of demise
sentence is hotly debated and has attracted the attention of preferred public in addition to
authorities and non-governmental organisations. Though India is an active member of the
United Nations and has signed and ratified most of the International Instruments on human
rights, capital punishment still remains in our statute book. According to our judiciary it need
to be imposed in notable instances i.E. In rarest of uncommon cases with special reasons.

India is a nation of different culture, different kinds of people having their different manner of
thinking and living. The acts of crimes aren't the trend of contemporary area however it has
taken the region from ancient period. Though in ancient period demise punishment use to award
on small offences however the handiest logic behind it to save the general public at large and
create horror in their minds so they prevent doing crime from the worry of capital punishment.
As the time changes many countries abolished the dying penalty. Our united states of america
did not abolish loss of life penalty; the simplest reason is public at large.

Death penalty in rarest of uncommon case does now not affect the human rights standards. As
per the guidelines supplied in ICCPR for those international locations which does not need to
abolish it says that one can also award capital punishment however must follow positive
conditions. Delhi Gang rape which turned into termed to be as the most brutal case in history,
where because of this united states gathered collectively and demanding justice for the female
Damini also annoying to save the future of nation. This revolution opened the eyes of judiciary
and that they amended the crook law. According to the deterrent idea implementing the cruel
punishment will create fear and desist from criminal behaviour a good way to help to lower the
crime rates. In India deterrence principle has its existence. The scene of rarest of rare case to
award loss of life penalty in India got here from the Macchi Singh v. State of Punjab case
wherein on the demand of public at large the accused turned into provided with dying penalty
and SC laid down a few principles to judge whether or not the act comes under rarest of
uncommon case or now not. The judiciary has discretionary energy to decide that one have to
be sentenced with the dying penalty or no longer but via following the guidelines furnished in

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Macchi Singh Case . Thereafter in Bachan Singh Case the SC laid down two inquiries to decide
the gravity of case which says how uncommon the crime is and does the occasions of crime
showing the brutality of the case to award with death punishment.

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