CAPITAL PUNISHMENT

Capital punishment, also known as the death penalty, is a

government sanctioned practice whereby a person is put to death
by the state as a punishment for a crime. The sentence that
someone be punished in such a manner is referred to as a death
sentence, whereas the act of carrying out the sentence is known
as an execution. Crimes that can result in a death penalty are
known as capital crimes or capital offences. The term capital
is derived from the Latin capitalis ("of the head", referring to
execution by beheading).[ Thirty-six countries actively practise
capital punishment, 103 countries have completely abolished it
de jure for all crimes, six have abolished it for ordinary crimes
(while maintaining it for special circumstances such as war
crimes), and 50 have abolished it de facto (have not used it for at
least ten years or are under moratorium). The United Nations
General Assembly has adopted, in 2007, 2008, 2010, 2012 and
2014[3] non-binding resolutions calling for a global moratorium
on executions, with a view to eventual abolition.[4] Although
most nations have abolished capital punishment, over 60% of
the world's population live in countries where executions take
place, such as China, India, the United States and Indonesia.[
HISTORICAL

BACKGROUND

Execution of criminals and political opponents has been used by

nearly all societiesboth to punish crime and to suppress
political dissent. In most countries that practise capital
punishment it is reserved for murder, espionage, treason, or as
part of military justice. In some countries sexual crimes, such as

rape, adultery, incest and sodomy, carry the death penalty, as do

religious crimes such as apostasy in Islamic nations (the formal
renunciation of the state religion). In many countries that use the
death penalty, drug trafficking is also a capital offence. In China,
human trafficking and serious cases of corruption are punished
by the death penalty. In militaries around the world courtsmartial have imposed death sentences for offences such as
cowardice, desertion, insubordination, and mutiny.
The use of formal execution extends to the beginning of
recorded history. Most historical records and various primitive
tribal practices indicate that the death penalty was a part of their
justice system. Communal punishment for wrongdoing generally
included compensation by the wrongdoer, corporal punishment,
shunning, banishment and execution. Usually, compensation and
shunning were enough as a form of justice.[15] The response to
crime committed by neighbouring tribes or communities
included a formal apology, compensation or blood feuds.
Capital punishment is a legal penalty in India.[1] It has been
carried out in 5 instances since 1995,[2][3][4][5] while a total of 26
executions have taken place in India since 1991.[
CASES
The Supreme Court in Mithu vs. State of Punjab struck down
Section 303 of the Indian Penal Code, which provided for a
mandatory death sentence for offenders serving a life sentence.
Bachan Singh vs. State of Punjab (1980)[edit]

The Constitution Bench judgment of Supreme Court of India in

Bachan Singh vs. State of Punjab (1980) (2 SCC 684) made it
very clear that Capital punishment in India can be given only in
rarest of rare cases.[3][19] This judgement was in line with the
previous verdicts in Jagmohan Singh vs. State of Uttar Pradesh
(1973), and then in Rajendra Prasad vs. State of Uttar Pradesh
(1979).[20][21][22] The Supreme Court of India ruled that the death
penalty should be imposed only in "the rarest of rare cases."[1]
While stating that honour killings fall within the "rarest of the
rare" category, Court has recommended the death penalty be
extended to those found of committing "honour killings", which
deserve to be a capital crime.[23] The Supreme Court also
recommended death sentences to be imposed on police officials
who commit police brutality in the form of encounter killings.[
PROVISIONS RELATED TO CAPITAL PUNISHMENT
In addition to the Indian Penal Code, a series of legislation
enacted by the Parliament of India have provisions for the death
penalty.
Under The Commission of Sati (Prevention) Act, 1987 Part. II,
Section 4(1), if any person commits sati, whoever abets the
commission of such sati, either directly or indirectly, shall be
punishable with death.[
The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 was enacted to prevent the commission of
offences of atrocities against the members of the Scheduled
Castes and the Scheduled Tribes.
In recent years, the death penalty has been imposed under new
anti-terrorism legislation for people convicted of terrorist

activities.[1] On 3 February 2013, in response to public outcry

over a brutal gang rape in Delhi, the Indian Government passed
an ordinance which applied the death penalty in cases of rape
that leads to death or leaves the victim in a "persistent vegetative
state".[28][29] The death penalty can also be handed down to repeat
rape offenders under the Criminal Law (Amendment) Act, 2013.
Capital offences[edit]
Section under
IPC or other
law

Nature of crime

120B of IPC

Being a party to a criminal

conspiracy to commit a capital
offence

121 of IPC

Waging, or attempting to wage

war, or abetting waging of war,
against the Government of India

132 of IPC

Abetting a mutiny in the armed

forces (if a mutiny occurs as a
result), engaging in mutiny

194 of IPC

Giving or fabricating false

evidence with intent to procure a
conviction of a capital offence

302, 303 of IPC Murder

305 of IPC

Abetting the suicide of a minor,

mentally ill person, or intoxicated
person

Part II Section 4
of Prevention of Aiding or abetting an act of Sati
Sati Act
364A of IPC

Kidnapping, in the course of which

the victim was held for ransom or
other coercive purposes.

31A of the
Narcotic Drugs
Drug trafficking in cases of repeat
and
offences
Psychotropic
Substances Act

396 of IPC

Banditry with murder in cases

where a group of five or more
individuals commit banditry and
one of them commits murder in
the course of that crime, all
members of the group are liable
for the death penalty.

Rape if the perpetrator inflicts

376A of IPC and
injuries that result in the victim's
Criminal Law
death or incapacitation in a
(Amendment)
persistent vegetative state, or is a
Act, 2013
repeat offender.[44]

Bombay
Prohibition
(Gujarat
Amendment)
Bill, 2009

In Gujarat only Manufacture and

sale of poisoned alcohol which
results in death(s).[45][46]