India is one of the largest country in the world which also has so numerous
crimes and culprits and to manage with them we've a veritably strong laws in
India. Discipline are given to the malefactor for every offence. One of the
corrections include Capital punishment or death penalty which is very rarely
given in India.
Capital punishment is a legal death penalty ordered by the court against the
person for doing the most grievous and heinous offences. Prosecutions are
carried out by hanging. Though in India it's given only in the rarest of the
rare cases. The capital punishment in described in the Indian Penal Code and in
Code of criminal procedure. Capital punishment was there in India since the very
beginning and as times passed it's use has been limited. It's veritably limited
that after the independence no women criminal has been given capital punishment
Crimes punishable under capital punishment
Crimes in which capital punishment is given are as follows:
- Exacerbated murder.
- Other offences performing in death.
- Disloyalty, spying.
- Terrorism related crimes, resulting in death.
- Military offences, not resulting in death.
These are some of the crimes in India in which capital punishment is awarded.
There's also a procedure for the capital punishment which includes:
Some cases in relation to capital punishment:
- After the completion of proceedings in trial court the judge pronounce
the judgement under sec 235 of CrPC and the court must record the special reason
justifying the judgement.
- After this the case will go to high court for the evidence of the judgement.
The high court can confirm the judgment, or can give any new judgment, or can
order a new trail for the case.
- When high court gives the evidence for the punishment also a special
leave petition could be filed.
- A petition seeking review of a judgment or order passed by the Supreme
Court may be filed under article 137 of the Constitution before the Supreme
Court within thirty days from the date of similar judgment or order.
- After the dismissal of special leave petition the SC may allow a
curative petition to review its judgement.
- And lastly article 72 and 161 of the Constitution give power to the
President of India and the Governor respectively to grant pardon and to
suspend, remit or commute rulings in certain cases. The President or the
governor may consider the case of the convict and should pardon the death
- Bachan Singh v/s. State of Punjab,
This Case may be a corner judgment given by 5 judges Bench of the Hon'ble
Supreme Court. In this case Supreme Court pointed out some important
limitations on the prosecution by setting the rarest of the rare doctrine. The Supreme
A real and abiding concern for the quality of mortal life
presuppositions resistance to taking a life through law's machinery. That ought
to not be done except in rarest or the rare cases where the choice opinion is
- Mukesh and Anr v/s NCT Delhi
On 5 May 2017, the Supreme Court rejected the convicts appeal and saying that
they had committed a barbaric crime that had shaken society's heart, the
court upheld the death judgment of the four who had been charged within the
murder. The verdict was well entered by the family of the victim and the civil
- Shabnam v/s State of Uttar Pradesh
This case is a historical case because Shabnam will be the first women after
independence who has got the punishment of death penalty.
Shabnam and Saleem, both in their 20s also, were condemned of killing seven
members of Shabnam's family. With all of them gone, she'd have been the sole
inheritor to the family property. They were arrested five days latterly. At that
point, Shabnam was 7 weeks pregnant. In December that time, she gave birth to a
son, Mohammad Taj. He's presently living with Shabnam's council inferior Usman
Saifi and his woman.
In 2010, the Amroha Sessions Court doomed them to death, which was upheld by
the Allahabad High Court in 2013.
In 2015, the Supreme Court observed that the end of the Court is to serve the
society and thus the convicts good gesture or good heart, generally, should not
be the reason to swap a judgment. The crime mustn't be overlooked. Therefore,
the Court upheld the death judgment on the ground that it was a premeditated
offence, with scrupulous planning.
The issue of the capital discipline is a debatable one some people find it
unconstitutional while some are in favour of it. After being batted and studied
from a prolonged time still no conclusion has been drawn out of it.
Capital punishment or death penalty have always been a content of contradiction
not only in India but also in several advanced countries. In India, the motive
for the punishment is rested on two aspects; the primary being that the
lawbreaker should suffer for the pain and injury he/ she casted upon the victim
and another motive is to discourage others from committing wrongs by sanctioning
Different people from the different sections has reflected their point on the
capital discipline and there have been numerous debates regarding the indigenous
validity of it but still any final decision has not been made in the issue.