What is Death Penalty in India?
Historical Background
Key Points
10 points- 1.
The death penalty is awarded under Section 302 of the IPC for murder, but only in the 'rarest of rare cases'.
- 2.
The CrPC outlines the procedures for awarding and executing the death penalty. This includes confirmation by the High Court.
- 3.
The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment, including the death penalty, under Article 72 of the Constitution.
- 4.
The Governor of a state has similar powers under Article 161 of the Constitution, but these powers do not extend to sentences passed by a court-martial.
- 5.
The 'rarest of rare' doctrine requires courts to consider both the crime and the criminal's circumstances before imposing the death penalty.
- 6.
Mitigating circumstances, such as the age, mental state, and socio-economic background of the accused, must be considered.
- 7.
Delay in execution of the death penalty can be a ground for commutation to life imprisonment, as held in several Supreme Court cases.
- 8.
Executions are typically carried out by hanging.
- 9.
The Supreme Court has emphasized the need for a fair and just trial, ensuring that the accused has adequate legal representation.
- 10.
There is ongoing debate about the constitutionality of the death penalty, with arguments focusing on Article 21 (right to life).
Visual Insights
Death Penalty in India: Key Aspects
Mind map illustrating the key aspects of the death penalty in India, including legal provisions, constitutional considerations, and recent developments.
Death Penalty in India
- ●Legal Framework
- ●'Rarest of Rare' Doctrine
- ●Constitutional Validity
- ●Recent Trends
Evolution of Death Penalty Laws and Judgments in India
Timeline showing the key events and judgments that have shaped the death penalty laws in India.
The death penalty has been a part of the Indian legal system since independence. However, its application has been subject to legal and constitutional scrutiny, leading to the 'rarest of rare' doctrine and increased judicial oversight.
- 1947India's Independence: Death penalty retained in the legal system.
- 1973Code of Criminal Procedure (CrPC) amended, outlining procedures for awarding and executing the death penalty.
- 1980Bachchan Singh vs. State of Punjab: Supreme Court establishes the 'rarest of rare' doctrine.
- 2015Supreme Court emphasizes the need for a fair and just trial, ensuring adequate legal representation.
- 2020-2025Increased judicial scrutiny of death penalty cases by appellate courts.
- 2025Supreme Court acquits 10 death row prisoners, highlighting concerns about evidence handling.
Recent Developments
5 developmentsThere has been a growing trend of appellate courts (High Courts and Supreme Court) being hesitant to confirm death sentences.
The Supreme Court has acquitted several death row prisoners in recent years, highlighting concerns about the quality of evidence and fairness of trials in lower courts.
Debates continue regarding the abolition of the death penalty, with arguments focusing on human rights and the possibility of judicial errors.
There is increasing focus on providing better legal aid to those accused of crimes that could lead to the death penalty.
Some organizations are advocating for a moratorium on executions while a comprehensive review of the death penalty system is conducted.