Life Imprisonment Vs Death Penalty
Overview
Life Imprisonment generally means incarceration for the remainder of the convict's natural life, though in practice, remission or parole is often granted after a minimum period (usually 14-20 years).
Death Penalty (capital punishment) involves the state-sanctioned execution of a convict for certain heinous crimes.
Legal and Moral Debate
The debate centers around:
Deterrence vs. Rehabilitation
Irreversibility of Death Penalty
Human Rights and Constitutional Guarantees
Proportionality and Rarity of Death Penalty
🔹 Legal Framework in India
Section 302, Indian Penal Code (IPC): Death penalty or life imprisonment for murder.
Article 21, Constitution of India: Right to life and personal liberty — basis for challenging death penalty.
Section 354(3), CrPC: Power of High Court and Supreme Court to commute death sentences.
Supreme Court’s Principle: “Rarest of Rare” Doctrine
In Bachan Singh v. State of Punjab (1980), the Supreme Court ruled that death penalty should be imposed only in the “rarest of rare” cases, balancing the nature of crime and the circumstances of the offender.
🔹 Landmark Cases: Life Imprisonment vs Death Penalty
1. Bachan Singh v. State of Punjab (1980) AIR 898
Facts: A death sentence was awarded for murder.
Issue: Whether death penalty can be imposed indiscriminately.
Judgment: Supreme Court introduced the “rarest of rare” principle; life imprisonment is the norm, death penalty the exception.
Significance: Laid down the guiding principle for capital punishment in India.
2. Machhi Singh v. State of Punjab (1983) AIR 957
Facts: Convicts were sentenced to death for multiple murders.
Issue: Criteria for imposing death penalty.
Judgment: Court outlined aggravating and mitigating factors to decide between death and life imprisonment.
Significance: Clarified factors such as brutality, motive, and probability of reform.
3. Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) AIR 2432
Facts: Convict sentenced to death for murder.
Issue: Whether the death penalty was appropriate.
Judgment: Supreme Court commuted death sentence to life imprisonment as mitigating circumstances existed.
Significance: Reaffirmed careful judicial discretion in capital cases.
4. Shatrughan Chauhan v. Union of India (2014) 3 SCC 1
Facts: Multiple petitions challenging delayed execution of death sentences.
Issue: Whether prolonged delay in execution amounts to violation of Article 21.
Judgment: Court held that delay of more than 3 years in execution converts death penalty into life imprisonment.
Significance: Reinforced protections against inordinate delay affecting human dignity.
5. Jagmohan Singh v. State of UP (1973) AIR 947
Facts: Death penalty awarded in a murder case.
Issue: Validity of death sentence.
Judgment: Court held that death penalty must be based on exceptional circumstances.
Significance: Early articulation of the need for caution in awarding capital punishment.
6. Dhananjoy Chatterjee v. State of West Bengal (1994) 2 SCC 220
Facts: Convicted of rape and murder; awarded death penalty.
Issue: Whether death sentence was justified.
Judgment: Court upheld death penalty due to extreme brutality.
Significance: One of the rare cases affirming death penalty under the “rarest of rare” doctrine.
🔹 Comparative Aspects of Life Imprisonment and Death Penalty
| Aspect | Life Imprisonment | Death Penalty |
|---|---|---|
| Nature | Confinement for life, with possibility of remission/parole | Execution by state, irreversible |
| Objective | Punishment, deterrence, potential reform | Punishment, strongest deterrence |
| Legal Safeguards | Standard criminal procedure; parole norms apply | Strict judicial scrutiny; “rarest of rare” test |
| Human Rights Concerns | Viewed as less cruel, offers chance of reform | Controversial, considered “cruel and unusual” by some |
| Appeals and Reviews | Multiple layers of appeal possible | Lengthy appellate process due to gravity |
| Effect of Delay | Not impacted significantly | Delay may convert sentence to life imprisonment |
🔹 Key Principles from Case Laws on Death Penalty vs Life Imprisonment
Imposition of Death Penalty Must Be Exceptional: It should be reserved only for cases where the crime is extraordinarily heinous and the offender is beyond reform.
Consideration of Mitigating and Aggravating Circumstances: Courts must weigh factors like motive, conduct, likelihood of reform, and impact on society.
Delay in Execution is a Ground for Commutation: Prolonged delay causes mental agony, violating constitutional rights.
Death Penalty Does Not Serve Justice if Arbitrary: Imposing death without fair consideration violates Article 21.
Life Imprisonment is the Default Sentence: Encourages the principle of reformation and hope.
🔹 Conclusion
The Indian judiciary has carefully balanced life imprisonment and death penalty by creating a cautious and principled approach centered on the "rarest of rare" doctrine. While the death penalty remains legal, it is sparingly used, ensuring that the fundamental right to life is respected, and irreversible punishment is meted out only in exceptional cases.
RELATED Blog
0 comments