Constitutional Validity of Death Penalty or Capital Punishment in India
Is Death Penalty Constitutional in India?
Yes, the death penalty is constitutional under Indian law.
Legal Provisions
The death penalty is provided for under the Indian Penal Code (IPC) and other statutes for crimes like murder, terrorism, treason, and certain other offenses.
It is not banned by the Constitution of India.
Constitutional Provisions Relevant
| Article | Content |
|---|---|
| Article 21 | Protects Right to Life and Personal Liberty but does not explicitly prohibit capital punishment. |
| Article 14 | Guarantees equality before the law. |
Key Supreme Court Judgments
Mithu v. State of Punjab (1983)
Held that mandatory death penalty for certain offenses (like murder under Section 303 IPC) is unconstitutional.
Death penalty must be awarded only in the “rarest of rare” cases.
Bachan Singh v. State of Punjab (1980)
Death penalty is constitutional but should be imposed only in rarest of rare cases where the alternative (life imprisonment) is “wholly inadequate”.
This is called the “rarest of rare” doctrine.
Shatrughan Chauhan v. Union of India (2014)
The Supreme Court laid down guidelines to ensure death penalty is imposed fairly and with due procedure.
Emphasized reviewing all death sentences carefully and considering mitigating circumstances.
Arguments For and Against
| For Death Penalty | Against Death Penalty |
|---|---|
| Acts as deterrent to serious crimes | Risk of wrongful execution |
| Provides retribution for heinous crimes | Violates right to life (Article 21) |
| Reflects society’s condemnation of extreme crimes | Questionable effectiveness as deterrent |
Current Status
The death penalty exists in Indian law but is very rarely awarded.
Courts strictly follow the rarest of rare principle.
There is ongoing debate and calls for abolition, but no constitutional amendment banning it yet.
Summary
| Aspect | Position |
|---|---|
| Constitutionality | Death penalty is constitutional |
| Limitation | Imposed only in “rarest of rare” cases |
| Right to Life (Art 21) | Does not prohibit death penalty explicitly |
| Judicial Safeguards | Courts must consider mitigating factors |
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