Capital Punishment in India: A Legal, Ethical, and Judicial Analysis

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Table of Contents
1. Introduction
2. Objectives of the Study
3. Research Methodology
4. Historical Evolution of Capital Punishment
5. Legal Framework in India
6. Judicial Interpretation and the ‘Rarest of Rare’ Doctrine
7. Landmark Case Laws
8. Ethical and Human Rights Perspectives
9. Comparative International Practices
10. Statistical Overview of Capital Punishment in India
11. Recent Developments and Reforms
12. Conclusion
13. References/Bibliography
14. Appendices

1. Introduction

Capital punishment, or the death penalty, represents the state’s most severe form of criminal
sanction. Its application raises profound legal, moral, and ethical questions. This project delves
into the multifaceted aspects of capital punishment in India, examining its historical roots, legal
framework, judicial interpretations, and the ongoing debates surrounding its practice.
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2. Objectives of the Study

• To trace the historical evolution of capital punishment in India.
• To analyze the legal provisions governing the death penalty.
• To study the judicial approach, especially the ‘rarest of rare’ doctrine.
• To examine landmark Supreme Court judgments on capital punishment.
• To explore ethical, human rights, and international perspectives.
• To assess recent trends, reforms, and statistical data related to capital
punishment.

3. Research Methodology

This study employs a doctrinal research methodology, analyzing statutes, case laws, legal
commentaries, and scholarly articles. Secondary data from government reports, international
human rights organizations, and academic journals supplement the research.

4. Historical Evolution of Capital Punishment

Ancient and Medieval Periods

• Ancient Texts: References to capital punishment are found in ancient Indian
scriptures like Manusmriti, prescribing death for severe offenses.
• Medieval Era: The Mughal period witnessed executions for crimes like
treason and murder, often carried out publicly to serve as deterrents.

Colonial Period
• The British introduced codified laws, including the Indian Penal Code (IPC) of
1860, which prescribed death for offenses like murder and waging war against the
state.

Post-Independence Era
Post-Independence Era
• Post-1947, India retained capital punishment but introduced procedural
safeguards. The Constitution of India, enacted in 1950, provided the right to life
under Article 21, influencing the judicial approach to the death penalty.

5. Legal Framework in India

Indian Penal Code (IPC), 1860

• Section 302: Punishment for murder.
• Section 121: Waging war against the Government of India.
• Section 364A: Kidnapping for ransom.
• Section 376A: Rape leading to death or persistent vegetative state.

Code of Criminal Procedure (CrPC), 1973

• Section 354(3): Mandates that judges provide special reasons for awarding
the death sentence.
• Section 366: Requires confirmation of death sentences by the High Court.

Constitutional Provisions
• Article 21: Guarantees the right to life and personal liberty.
• Article 72 & 161: Provide the President and Governors the power to grant
pardons, reprieves, respites, or remissions.

6. Judicial Interpretation and the ‘Rarest of Rare’ Doctrine

Bachan Singh v. State of Punjab (1980)

• The Supreme Court upheld the constitutionality of the death penalty but
introduced the ‘rarest of rare’ doctrine, limiting its application to exceptional cases.

Machhi Singh v. State of Punjab (1983)

• The Court elaborated on the ‘rarest of rare’ doctrine, identifying factors like
the manner of commission, motive, and the victim’s vulnerability.
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7. Landmark Case Laws

Jagmohan Singh v. State of U.P. (1973)

• The Court held that the death penalty does not violate Articles 14, 19, and 21
of the Constitution.

Dhananjoy Chatterjee v. State of West Bengal (1994)

• The accused was executed for rape and murder, marking the first execution
in India post-independence for a non-terrorism-related offense.

Ajmal Kasab v. State of Maharashtra (2012)

• Kasab, involved in the 2008 Mumbai attacks, was sentenced to death,
highlighting the judiciary’s stance on terrorism.

Yakub Memon v. State of Maharashtra (2015)

• Memon was executed for his role in the 1993 Mumbai bomb blasts,
emphasizing the state’s approach to organized terrorism.

Mukesh & Anr v. State (NCT of Delhi) – Nirbhaya Case (2020)

• The brutal gang rape and murder led to the execution of four convicts,
reinforcing the application of the ‘rarest of rare’ doctrine.

Manoj–Babli Honour Killing Case (2010)

• The first instance where a court awarded the death penalty in an honor killing
case, setting a precedent against such societal practices.

Jisha Murder Case (2016)

• The accused was sentenced to death for the rape and murder of a law
student in Kerala, reflecting the judiciary’s stance on crimes against women.

Manoharan v. State by Inspector of Police (2019)

• The Supreme Court upheld the death sentence for the rape and murder of a
minor girl and her brother, emphasizing the gravity of the crime.

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8. Ethical and Human Rights Perspectives

Arguments Supporting Capital Punishment

• Deterrence: Belief that the death penalty deters heinous crimes.
• Retribution: Provides justice to victims and society.
• Public Safety: Eliminates the possibility of reoffending.

Arguments Against Capital Punishment

• Irreversibility: Risk of executing innocent individuals.
• Human Rights Violation: Contravenes the right to life.
• Discriminatory Application: Potential for bias based on socio-economic
status.

9. Comparative International Practices

• Abolitionist Countries: Nations like the UK, Australia, and most EU countries
have abolished the death penalty.
• Retentionist Countries: Countries like China, Iran, and the USA retain and
actively use capital punishment.
• India’s Stance: Retains the death penalty but applies it sparingly under the
‘rarest of rare’ doctrine.

10. Statistical Overview of Capital Punishment in India

• Death Sentences: As per recent reports, Indian courts have awarded over
100 death sentences annually in recent years.
• Executions: Since 2000, only a handful of executions have been carried out,
including those of Dhananjoy Chatterjee, Ajmal Kasab, Yakub Memon, and the
Nirbhaya case convicts.

11. Recent Developments and Reforms

11. Recent Developments and Reforms
• Criminal Law (Amendment) Act, 2013 & 2018: Introduced stricter
punishments for sexual offenses, including the death penalty for certain cases.
• Judicial Reforms: Emphasis on speedy trials and victim protection.
• Debates: Ongoing discussions on the efficacy and morality of the death
penalty.

12. Conclusion

Capital punishment in India remains a contentious issue, balancing between delivering justice for
heinous crimes and upholding human rights. While the judiciary has set stringent standards for
its application, debates continue on its deterrent effect and moral justification. The future may
see a shift towards alternative forms of punishment, emphasizing rehabilitation over retribution.

13. References/Bibliography
• Indian Penal Code, 1860
• Code of Criminal Procedure, 1973
• Constitution of India
• Supreme Court Judgments:
• Jagmohan Singh v. State of U.P. (1973)
• Bachan Singh v. State of Punjab (1980)
• Machhi Singh v. State of Punjab (1983)
• Dhananjoy Chatterjee v. State of West Bengal (1994)
• Ajmal Kasab v. State of Maharashtra (2012)
• Yakub Memon v. State of Maharashtra (2015)
• Mukesh & Anr v. State (NCT of Delhi) (2020)
• Manoharan v. State by Inspector of Police (2019)
• Project 39A Reports, National Law University, Delhi
• Amnesty International Reports
• United Nations Human Rights Documents

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14. Appendices
• Appendix A: Timeline of Executions in India Post-2000
• Appendix B: Statistical Data on Death Sentences Awarded Annually
• Appendix C: International Treaties and India’s Position on Capital Punishment