Author: Simran Chaudhary second year law student at Galgotias University
To the point
Capital Punishment is also known as death penalty. It is also known as Black Warrant. It cannot be given to a woman. This is the highest form of punishment in India. This form of punishment is always debatable not only in India but in other countries too. In the words of Roscoe Pound, “The law must be stable, but it must not be still.” The concept of punishment has evolved over time in its form.
There are different methods to give the death under death penalty. It differs from country to country. In India it is given by hanging till death. As per the report of Amnesty International 2023, the country with most executions by death penalty is Iran. Other countries where the number is high in death penalty are Saudi Arabia, USA, Iraq, Yemen, Egypt. When the order gets passed for the death penalty to the accused, he has the right to appeal. The accused also has the right make a Mercy Petition to the President of India. In Code of Criminal procedure (CrPC), 1898 it was the rule to give punishment of death for Murder and if the judge wants to give the life imprisonment instead then he has to give reasons for not giving death sentence was removed. Then it was again amended in 1973 and says that Life imprisonment is the rule and death penalty is the exception.
Rights of a prisoners under death sentence
Death prisoners cannot be put in solitary confinement for long periods.
Right to a speedy trial
They should not get any torture
They should get proper medical care.
They have the right to meet their friends and family before execution.
Legal Jargon
Black warrant- Order by the Court when an accused is sentenced to death.
Mercy Petition- It is a mercy given by the president to an accused in case of death penalty.
The proof
While executing the order of death penalty , the accused will be hanged till his death.
The 262nd Report of the Law Commission of India on Death Penalty
In this report, the commission recommended that death penalty should be abolished for all offenses except terrorism. The view was dissented by three members of the Commission.
Abstract
Death is the end of a life. If we get to know that we are going to die after few days it will be a tough situation. When an accused gets a death sentence, some became quiet before that, some behaves still normal. But, from the point of view of the victims family, it can give a little peace of mind as they wants justice, they can’t bring back their victim but sometimes victims family wants the accused to get death penalty, but in few cases the victim’s family do not want a death penalty for the accused. While passing the sentence of death, the judge who writes the order will break the nib of the pen at the end, which shows that the order is final and now it will not change.
Case laws
Landmark cases
Jagmohan Singh vs. State of Uttar Pradesh 1973 AIR 947
Appellant Jagmohan Singh was convicted and sentenced with death penalty on the charges of Murder. In this case , it was said that Capital Punishment does not violate Article 14,19 and 21 of the Constitution. The Constitutionality validity of Capital Punishment was upheld in this case.
Rajendra Prasad vs. State of Uttar Pradesh, 1979
In this case, the court said that if there is any danger to the security of the society, then the death penalty can be imposed.
Bachan Singh vs. State of Punjab 1980
Bachan Singh was convicted and sentenced with death penalty on the Charges of Murder. He even appealed to the High Court but refused by the court.
The doctrine of rarest of rare was introduced in this case by the Supreme Court.
Machhi Singh v. State of Punjab, 1983 AIR 957
The court said that if any person in the society violates the morality and belief by killing another human being then they will be punished with the highest form of punishment.
State vs Jasbir Singh and Kuljeet Singh 1979
This case is also known as Billa and Ranga case. Recently a web series named Black Warrant was made, this case was also shown in this series.
They both were charged with the Murder, kidnapping of two children Geeta and Sanjay. Both were siblings. Both the accused of this case were sentenced to death and were hanged on 31st January 1982 in Tihar Jail.
Kehar Singh and Another vs. Union of India 1989 AIR 653
This case is known as Assassination of Indira Gandhi. Kehar Singh was an accused in the killing of the then Prime Minister Smt Indira Gandhi. He was sentenced to death, against which he appealed in the Supreme Court, under Article 136 (Special Leave Petition) of the Constitution. He was hanged on 6th January, 1989.
Md. Ajmal Md. Amir Kasab @Abu Majahid vs. State of Maharashtra 2012
He was the terrorist in the 2008 Mumbai Attacks. He was sentenced to death for his activities in the terrorist attack in Mumbai. He was convicted of 80 charges which includes murder, waging war against India etc. He was executed by hanging in 2012.
Mukesh & Anr vs. State for NCT of Delhi & Ors, 2017
This case is known as Nirbhaya Rape case of Delhi. There were six accused in this case, one was a juvenile and other five were adults. One of them died in the Jail, but no one knows the exact reason whether he died by suicide or Murder. The other four adult Accused were sentenced to death and were hanged in 2020. These four the last ones who were hanged in India. After them no one was hanged in India till now.
Conclusion
India is a democratic country, laws are made for the benefit of the human being. If any human being do any kind of wrong doing or an act of severe nature, then he needs to be punished. There are some crimes where the accused needs to be punished with severe punishment. As death penalty in India is the highest form of punishment. Till now India has seen many death penalties, which are mainly due to Murder, Rape and terrorism. As in many judgements, it has been said that the death penalty will be given in only the rarest of the rare case. But it has always been a matter of debate as many people thinks it is not good to give death penalty, as every human needs to get a chance to pay for his sins.
Frequently Asked Questions (FAQs)
What is death penalty?
Death penalty is a form of punishment, when the accused is hanged till death.
What are the other names of death penalty?
Death Penalty is also known as Black warrant, capital punishment.
When was the last time an accused was hanged in India?
The last time an accused was hanged under imprisonment of death was in 2020.
