Capital Punishment in India - Manav Puri@LexCliq

 Capital Punishment in India – Manav Puri@LexCliq

Capital punishment is also known as death penalty, the execution of a criminal sentenced to death after a court has convicted him of a crime. The Indian criminal justice system is one of the most important parts of the death penalty. In India it is awarded for the most serious offences. It is awarded for atrocities and serious crimes. 

The death penalty or capital penalty or punishment is the highest penalty that can be imposed on a person under any existing criminal law anywhere in the world. The death penalty is the legal process of the state exercising its power to take a person's life. 

Article 21 of the Constitution, which guarantees every citizen the fundamental right to life, also expressly states: “No one shall be deprived of his life or of his personal liberty except in accordance with the procedure established by law.” His life shall be taken except by a due process of law, that is the state can take his life by trial if he deems it appropriate.

In India, various crimes such as criminal conspiracy, murder, war against the government, complicity in riots, indecency with murder and counter-terrorism are punishable under the Indian Penal Code (IPC) punished with the death penalty. Once a convict has been sentenced to death in a case by the Court of Sessions, it must be confirmed by the High Court. If the convict's appeal to the Supreme Court fails, he can appeal to the President of India for a "clemency petition". According to Article 72 of the Indian Constitution, the President has the power to grant pardons, pardons, extensions or waivers of sentences, or to suspend, remand or reduce the sentence of any person convicted of a criminal offence. 

The Death Penalty Crime are as follows; 

1. Aggravated Murder 

2. Other crimes related to Death

3. Offences related to Terrorism

4. Rape not amounting to Death

5. Kidnapping not amounting to Death

6. Drug Trafficking

7. Offence of Treason

Categories of offenders excluded from Capital Punishment;

1.  Minor – According to the law in India, a minor who is under the age of 18 at the time of committing a crime is not executed.

2. Pregnant Women – Clemency must be granted to a pregnant woman sentenced to death according to an amendment of 2009.

3. Intellectually Disabled – According to the Indian Penal Code, a person while committing a crime who was mentally ill or is not able to understand the nature of the act, and does not know that the act is wrong, then that person can be held liable under the law and can be punished with the death penalty.

Constitutional Provisions;

Article 21 of the Constitution guarantees everyone the right to life and personal liberty, including the right to live in dignity. The state can deprive or even limit the right to life in the name of law and public order. Our constitutional principle can be formulated as follows;

• Only in rarest of rare cases, the death penalty should be imposed.

• Only on special grounds, the death penalty can be ordered and should be considered as an exceptional or extraordinary punishment.

• The accused should have a right to fair hearing.

• In the light of individual circumstances, the penalty must be individualized.

• The death penalty will be confirmed by the High Court. Under Article 136 of the Constitution and under Section 379 of the CrPC, there is a right to appeal in the Supreme Court.

• According to Articles 21 and 22 of the Constitution, the accused has the right to life and personal liberty and protection against arrest and detention.

• The accused should not be tortured as stated under Article 21 and 22.

• Under Articles 19 of the Constitution, the accused has freedom of speech and expression within the custody.

• The accused has the right to be produced by duly qualified and appointed counsel.

Author Name – Manav Puri@LexCliq