Death Penalty in India
⚖️ Death Penalty in India
1. Legal Basis for Death Penalty
The death penalty (also called capital punishment) is the most severe form of punishment in India.
It is governed primarily by the Indian Penal Code, 1860 (IPC) and Criminal Procedure Code, 1973 (CrPC).
Capital punishment is awarded only for the rarest of rare cases where the crime is exceptionally heinous.
Death penalty is a constitutional punishment and has been upheld by the Supreme Court under the right to life clause with exceptions.
2. Constitutional Validity
Article 21 of the Indian Constitution guarantees Right to Life and Personal Liberty.
The Supreme Court has held that the death penalty does not violate Article 21 when it is awarded in the rarest of rare cases.
The "rarest of rare" doctrine is a judicial standard evolved to restrict the imposition of capital punishment.
3. Offences Punishable by Death in India
Some notable sections under which death penalty can be awarded:
| Offence | Relevant Section | Notes |
|---|---|---|
| Murder | Section 302 IPC | Most common death penalty offence |
| Terrorism-related offences | Section 3 of Terrorist and Disruptive Activities Act, 1987 (TADA), Section 7 of the Unlawful Activities (Prevention) Act (UAPA) | For acts threatening national security |
| Waging war against the state | Section 121 IPC | Treason and related acts |
| Kidnapping for ransom | Section 364A IPC | In cases causing death |
| Drug trafficking (certain amounts) | Narcotic Drugs and Psychotropic Substances Act | Capital punishment for large quantities |
| Rape of a minor | Section 376AB IPC | Punishable with death or life imprisonment |
4. "Rarest of Rare" Doctrine
Originated in the landmark case:
Bachan Singh v. State of Punjab, AIR 1980 SC 898
Holding: Death penalty should be imposed only in the rarest of rare cases when the alternative option of life imprisonment is unquestionably foreclosed.
Factors considered include:
Manner of commission of the crime (brutality, atrocity, etc.)
Motive and circumstances
Impact on society
Age and mental capacity of the offender
5. Key Case Laws
📌 Bachan Singh v. State of Punjab (1980)
The Supreme Court upheld the constitutional validity of the death penalty but restricted its application to the rarest of rare cases.
The court balanced between deterrence, retribution, and the right to life.
Laid down guidelines for sentencing and the requirement for the trial court to record reasons for awarding death.
📌 Machhi Singh v. State of Punjab (1983)
The court further clarified the "rarest of rare" doctrine.
It held that aggravating and mitigating circumstances must be weighed carefully.
Emphasized that death penalty should not be awarded in a routine, mechanical manner.
📌 Mithu v. State of Punjab (1983)
Death penalty for life imprisonment offences cannot be awarded as a matter of course.
Emphasized careful scrutiny in capital sentencing.
📌 K.M. Nanavati v. State of Maharashtra (1962)
Though not focused solely on death penalty, this case shows the role of jury trials (abolished later) and judicial discretion.
Nanavati was acquitted by jury but convicted by High Court; sentenced to life, showing judicial scrutiny in murder cases.
📌 Jagmohan Singh v. State of UP (1973)
Death penalty upheld for gruesome murders.
Early case reinforcing the principle of severity for certain murders.
📌 Virsa Singh v. State of Punjab (1958)
The Supreme Court ruled death penalty is not mandatory for murder.
Courts must consider the circumstances and gravity of the crime.
📌 Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009)
Supreme Court emphasized that mitigating circumstances should be examined carefully before imposing death penalty.
Reaffirmed the principle that death sentence should be a last resort.
📌 Shatrughan Chauhan v. Union of India (2014)
The court held that delay in execution of death sentence can be a ground to commute the death sentence to life imprisonment.
Held that prolonged delay leads to mental agony and violates Article 21.
6. Procedure for Death Sentence Confirmation
After the trial court awards death sentence, it must be confirmed by the High Court.
The accused has the right to appeal to the Supreme Court.
Mercy petitions can be filed with:
The Governor of the state
The President of India (under Article 72)
Only after all remedies are exhausted, the sentence is executed.
7. Controversies & Current Position
India has not abolished the death penalty but uses it sparingly.
The death penalty is often debated in terms of:
Deterrence effectiveness
Possibility of judicial errors
Human rights concerns
It is still retained for the gravest crimes like terrorism, murder, and rape of minors.
The Supreme Court continues to apply the rarest of rare standard strictly to avoid arbitrary use.
8. Summary Table
| Aspect | Death Penalty in India |
|---|---|
| Constitutional Validity | Upheld under Article 21 |
| Applicable Law | IPC, CrPC, Special Acts (TADA, UAPA, NDPS) |
| Standard for Award | "Rarest of Rare" doctrine |
| Review Process | Trial court → High Court confirmation → Supreme Court appeal → Mercy petitions |
| Commonly Punished Crimes | Murder, terrorism, rape of minors, treason, drug trafficking |
| Recent Trends | Judicious, restricted use; delays may lead to commutation |
RELATED Blog
0 comments