Published February 10, 2021 | Version v1

"Rarest of Rare Case"- Capital Punishment

Authors/Creators

  • 1. Bharata Mata School of Legal Studies, Kerala

Description

“Punishments to culprits pronounced in the courts of justice for the crimes and wrongdoings have been usually used as a form of remedy as well as a sample lesson for the citizens.  This system is not only practiced at present but it is carried from the time immemorial. The death penalty or capital punishment is always regarded as the highest punishment that man has ever known. During the dynasty rules in India like the Mughals, Indian citizens have witnessed many death sentences in their crudest and weird forms like beheading, crushed by elephants, throwing to crocodiles, quartering, burying alive, tearing apart by horses, bites by snakes, fed to wild animals, drowning, burning and many other forms of cruel punishments.

Though the British also followed a similar strategy initially during their invasion and rule in India, later they changed their strategy to the British criminal justice system that allows hanging as the legally authorized form for the capital punishment. There are many countries around the world that abolished the death penalty by law, whereas, Indian judiciary still giving the death penalty for the criminals who have done cold blood massacres and gruesome crimes. While, after the mass hanging of Nirbhaya case convicts by the Indian judiciary, U.N. has called the nations to stop capital punishment.

Unlike the situations in some of the European and the Scandinavian countries, the Indian judiciary currently not in a position to stay blindly towards the growing crime rates in India, as in recent times, the number of gruesome murder and rape cases are surging day by day and year by year in India. This essay will focus on the relevance of the death penalty in the criminal justice administration in India.

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References

  • Christchurch: New Zealand court sentences shooter to life imprisonment without parole- Sep. 2020, 27, 3:00 pm. www.thehindu.com/ K.D. Gaur, Commentary on the Indian Penal Code, (ed. 2006), Universal Law Publishing Co. Pvt. Ltd. P.830. The Economic times/ 30 August 2012- SC uphold death sentence for Ajmal Kasab. Macchi Singh And Others vs State of Punjab on 20 July 1983 AIR 957, 1983 SCR (3) 413 In Macchi Singh v. State of Punjab AIR 1983 SC 1957. Bachan Singh Etc. Etc vs State of Punjab Etc. Etc on 16 August 1982 AIR 1325, 1983 SCR (1) 145 Indian constitution – Article 21/ part 3 Report No. 262, The Death Penalty, Law Commission of India, 2015. UN and The Declaration of Human Rights, OCADP.ORG (Nov. 2020, 02, 12:10 am. http://www.ocadp.org/un-and-thedeclaration-of-human-rights.html Indian constitution 1950, Article 72 and 161