This article is written by Pankaj Pandey.
Introduction to Capital Punishment
Capital punishment, commonly known as the death penalty, is the state-sanctioned execution of an individual as punishment for a crime. This form of punishment has been a subject of intense debate worldwide, with arguments centered on its moral, legal, and ethical implications. In India, the death penalty remains a legal form of punishment, reserved for the “rarest of rare” cases. This article delves into the various facets of capital punishment in India, including its definition, historical context, constitutional validity, application, execution procedures, rights of the condemned, proposed reforms, and concluding perspectives.
What is Capital Punishment?
Capital punishment involves the legal process where an individual is sentenced to death by the state as retribution for a crime deemed sufficiently heinous. The primary objectives of such punishment are deterrence, retribution, and, in some perspectives, justice delivery. In the Indian legal framework, the death penalty is prescribed for specific offenses, including aggravated murder, acts of terrorism, and certain cases of rape leading to death or a persistent vegetative state of the victim.
History of Capital Punishment in India
The practice of capital punishment in India has evolved significantly over time:
- Ancient and Medieval Periods: Historical texts and records indicate that capital punishment was prevalent in ancient India, with rulers employing it as a deterrent against severe crimes. Various methods of execution were practiced, often influenced by the prevailing cultural and societal norms.
- Colonial Era: Under British colonial rule, the Indian Penal Code (IPC) of 1860 was enacted, codifying various offenses and their corresponding punishments, including the death penalty for crimes such as murder and waging war against the government.
- Post-Independence Period: After gaining independence in 1947, India retained the death penalty within its legal system. The Code of Criminal Procedure (CrPC) of 1973 introduced significant changes, notably Section 354(3) of CrPC which is now officially known as 393(3) of Bhartiya Nyaya Suraksha Sanhinta, 2023, which mandates that judges provide “special reasons” for imposing the death sentence, thereby making life imprisonment the norm and capital punishment an exception.
Constitutional Validity of Capital Punishment
The constitutional legitimacy of the death penalty in India has been scrutinized in several landmark cases:
- Jagmohan Singh v. State of Uttar Pradesh (1973): The Supreme Court upheld the constitutionality of the death penalty, ruling that it did not violate Articles 14, 19, and 21 of the Indian Constitution. The Court reasoned that the deprivation of life is constitutionally permissible if established by law and executed through a fair procedure.
- Bachan Singh v. State of Punjab (1980): Revisiting the issue, the Supreme Court reaffirmed the death penalty’s constitutionality but introduced the “rarest of rare” doctrine. This principle dictates that capital punishment should only be imposed in exceptional cases where the alternative of life imprisonment is unquestionably inadequate. The Court emphasized the need to consider both aggravating and mitigating circumstances related to the crime and the offender before deciding on the death sentence.
- Mithu v. State of Punjab (1983): The Supreme Court struck down Section 303 of the IPC, which mandated a compulsory death sentence for individuals already serving a life sentence who commit murder. The Court held that such mandatory imposition violated Articles 14 and 21, as it precluded judicial discretion and the consideration of mitigating factors.
When is Capital Punishment Awarded in India?
In India, the death penalty is reserved for the “rarest of rare” cases, a standard established to ensure that it is applied sparingly and judiciously. Crimes that may attract the death penalty include:
- Aggravated Murder: Particularly brutal or premeditated killings that exhibit extreme depravity.
- Terrorism-Related Offenses: Acts intended to destabilize the government or harm national security.
- Rape Cases: Certain instances of rape, especially those resulting in the victim’s death or leaving the victim in a persistent vegetative state, can lead to a death sentence.
The judiciary meticulously examines the specifics of each case, weighing factors such as the nature and gravity of the offense, the offender’s background, and the potential for reform, before pronouncing a death sentence.
Procedure for Execution of Capital Punishment
The process leading to the execution of a death sentence in India involves multiple stages to ensure thorough scrutiny and the upholding of justice:
- Trial and Sentencing: Upon conviction for a capital offense, the trial court may impose a death sentence, providing “special reasons” for its decision as mandated by Section 393(3) of the BNSS.
- Appeals: The convicted individual has the right to appeal to higher courts, including the High Court and the Supreme Court. The death sentence requires confirmation by the High Court, even if not appealed by the convict.
- Review and Curative Petitions: Following the dismissal of an appeal, the convict can file a review petition, and subsequently, a curative petition in the Supreme Court, challenging the validity of the judgment.
- Mercy Petition: As a final recourse, the convict can submit a mercy petition to the President of India under Article 72 or the Governor of the respective state under Article 161 of the Constitution, seeking commutation of the death sentence.
- Execution: If all appeals and petitions are exhausted and the mercy petition is denied, the execution is carried out. The prevalent method of execution in India is hanging, as prescribed by law.
Rights of a Convict Sentenced to Death
Individuals sentenced to death in India are entitled to certain rights to ensure the protection of their dignity and the possibility of redress:
- Right to Legal Representation: Access to competent legal counsel at all stages of the legal process.
- Right to Appeal: The opportunity to challenge the conviction and sentence in higher courts.
- Right to Seek Clemency: The ability to file mercy petitions to the President or Governor.
- Right to Humane Treatment: Assurance of humane conditions during incarceration, in line with constitutional protections against cruel and degrading treatment.
Reforms in Capital Punishment Laws
The discourse around capital punishment in India has prompted various recommendations and reforms:
- Law Commission Reports: The Law Commission of India, in its 262nd report (2015), advocated for the abolition of the death penalty for all crimes except those related to terrorism and waging war against the nation, citing concerns over its deterrent effect and the potential for judicial errors.
- Judicial Pronouncements: Courts have increasingly emphasized the careful application of the “rarest of rare” doctrine, ensuring that the death penalty is imposed only when necessary.
- Legislative Amendments: Periodic amendments to laws have been made to address evolving societal norms and international human rights standards, aiming to balance the demands of justice with humanitarian considerations.
Conclusion
Capital punishment in India remains a complex and contentious issue, situated at the intersection of law, morality, and human rights. While the judiciary and legislature have instituted safeguards to ensure its judicious application, debates persist regarding its efficacy as a deterrent, potential for irreversible miscarriages of justice, and alignment with contemporary human rights standards.
As society progresses, continuous reflection and discourse are imperative to navigate this delicate balance between justice and humanity. The evolving legal landscape, shifting societal values, and global trends toward abolition necessitate an ongoing evaluation of the death penalty’s role in India’s criminal justice system. Ultimately, the path forward must reconcile the demand for retributive justice with the principles of fairness, rehabilitation, and the protection of human dignity.
Reference:
- https://indiankanoon.org/doc/1837051/
- https://indiankanoon.org/doc/1235094/
- https://indiankanoon.org/doc/590378/
- https://www.law4u.in/top-answer/1393/what-is-bnss-section-393
- https://indiankanoon.org/doc/1008926/
- https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081670.pdf
