AUTOR – SABREEN BANO FROM UNITED UNIVERSITY PRAYAGRAJ
TO THE POINT
Capital punishment is also called as death penalty. This is a type of punishment which given to prisoner or criminal for their crime which they commit. Capital punishment is given in very serious cases. This is very crucial punishment which given on very brutal case or rare case. It also says as judicial homicide and legal death declaration and punishment which cause death for a crime, this punishment also violates the fundamental rights. This punishment is given basically for prevention of serious crime. Capital punishment is given on crime like murder, rape and most serious crimes. Capital punishment comes from ancient times, this is also introduced in several of religious as like Islam this punishment given in Quran for robbery, murder, rape, adultery.
This capital punishment is deferred from different countries for different crimes. In some country it is given for drag related crimes which is not a crime in international law, some country it is given for murder and rape, and other one for robbery and others crimes. Capital punishment violate the right to life, right to moment, fundamental right and also violated the universal declaration of human rights which is adopted by foreign countries.
THE PROOF
Capital punishment is very cruel punishment which violate the fundamental right of human being but article 21 says no one shall deprived of their life until and unless it is legal procedure of law. And supreme court says that right to death with dignity comes under article 21 and death penalty is come under procedure establish by law. Supreme court also establish the doctrine in death penalty it is given only most hilarious cases. Article 72 of the Indian constitution gives power to the president to provide pardon power, pardon power is a power in which president reduce capital punishment to life imprisonment, or increase the law procedure and deduct the capital punishment. In constitution article 161 governor only can suspend and increase the time date or commute a death punishment governor cannot have pardon power. Section 53 of the Indian penal code (IPC) Provide capital punishment and section 368 of the code of criminal procedure provides power to the high court to confirm and given order for death penalty. In India there are several of punishment given in BNS section 4 death, imprisonment (rigorous and simple), imprisonment for life, forfeiture of property, fine and service of community. India has 78 countries how practice capital punishment.
USE OF LEGAL JARGON
Capital punishment is one of the hilarious punishments in the world. Including India 78 countries have legalized in capital punishment to the criminals. But there are several of countries this punishment is illegal and totally abolished by government and removed from law there are counties is France, Germany, Canada, Australia, and Europe. According to capital punishment there are various books capital punishment; theory and practice of the ultimate penalty, the death penalty; A worldwide perspective, the killing state; capital punishment in law, political, and culture. In Indian constitution article 14, 19 and 21 are also involved in capital punishment.
ABSTRACT
Capital punishment in India is a legal punishment which is a death given to the criminals is legal, this punishment was coming from ancient period of time. This punishment is hilarious which given in murder, rape and some countries it also given in robbery and drugs matter case. In capital punishment death is given by hanging in neck in primary method as per section 354(5) of the criminal code of procedure, in 1973 is hanging in neck until death. After the completing the proceeding according to code of criminal procedure under section 235. After this it is must for pre-sentence hearing under section 235(2). Section 235(3) of code of criminal procedure held that before order of death penalty it is must to record the specific reason and cause of providing death penalty it is that reason why life imprisonment was not enough for that crime and why death penalty is must for this case. After this procedure it is must to take high court approval, high court have power if they want to trail again they can. After if death penalty confirmed by high court, accused have a right to special leave petition under article 136 of the Indian constitution may be filed. A petition seeking review of a high court judgment or order by supreme court filed under article 137 of constitution with in thirty days after this supreme court may allow to provide curative petition to consider judgment as review that it is not a violation of any legal procedure and violation of justice, after all this there is a mercy a pardoning power this is only presidents power that if he or she can abolished the capital punishment they can they control that power or they also have to decrease the punishment from death penalty to life imprisonment. Now if death penalty is passed then death warrant is sent to superintendent of that particular prisoner, this is also called as black warrant.
CASE LAWS
NIRBHAYA CASE DELHI 2012
This case held in 2012 in Delhi, where a girl with his male friend at night almost 9 to 10:O Clock waiting for auto or a cab due to late night auto could not found. After some time, they both were reach into the bus in the bus there was a 5 people who brutely rape with her and also beating so much of her male friend and throw out from bus both of them without clothes. All these situations that girl was die in hospital. From 5 of accused one was juvenile and all 4 got hanged in 2020.
Supreme court held that on this case that this was rare of the rarest case in Indian history due to this theory all accused got capital punishment and hanged in fresh morning 5.30 in 20 March in 2020, after 8 years she got justice.
SHABNAM V. UNION OF INDIA (2015)
In this case a lover couple who commit murder to the first victim Shabnam family, 7 member of her family included kids also because her family not accepted that relation and could not ready to marry of that couple. In this case court give the order of death sentence a woman who is Shabnam at first time in India and judicial system. She also submits mercy petition but it was rejected.
HYDERABAD VETERINARIAN CASE (2019)
In the Hyderabad veterinarian case 2019, the female doctor was alone in the scooter which she parked to the Ahmadabad Plaza and from where she took the taxi to the office where she was going to work. In the meanwhile, four accused were monitoring her and which led them to puncture her scooter in her absence. When she was back from her office, she saw that her scooter was punctured. And in the meanwhile, these four accused came and started forcing ger and raping, burning her body. The case was clear cut case for case for awarding death sentence, but here the police encountered the accused leading to questions about our Indian criminal justice system.
SURENDRA KOLI V. STATE OF UP (2011)
Surendra Koli v state of up (2011), also famously known as Nithari Kaand, which happened in the year 2007 was one of the shocking updates for the Indians. In this case, the bodies of the deceased children and adults were found at the house of Mohindra Singh Pandher in the villages of Noida called Nithari. When the case was studied in the depth it was found bodies of the girls had been raped and killed and eaten by him. He had committed such a crime to fifteen girls and was awarded the death penalty. He was covered under the aggravating factors. But because of certain provisions of plea bargaining, he was given life imprisonment.
CONCLUSION
These were the few horrifying death cases that occurred in the history of the Indian criminal justice system. There are many cases for example hathras gang rape case, Aarushi Talwar murder case, Unno gang rape case, in which the investigation or final judgment is pending but necessitate a capital sentence punishment for the gravity of the crime committed. These precedents act as the specimen cases do that such brutal cases are not repeated in the future and most importantly, the balance between aggravating and mitigating factors should always bs considered while awarding judgments for such cases.
FAQS
Capital punishment is legal in India or not?
Yes, capital punishment is legal in India it is given against crimes. It is legal in India but in rare of the rarest case, as laid down by the supreme court of India. It is permitted under Indian law but awarded only rarest of rare cases, as laid down by the supreme court In Bachan Singh v. state of Punjab (1980). Hanging is the usual method as per section 354(5) of the criminal procedure code. In some cases under military law, shooting is also allowed.
