Chapter III of Indian Penal Code, 1980 defines punishment for various offences. Section 53 of the Indian Penal Code sets out different kinds of punishments which are awarded to convicts for crime by the courts. These are imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine and death penalty (also known as capital punishment). Yes, capital punishment is a legal penalty in India. It is an integral part of criminal justice system in India but it is highly debated. All the punishment is based on the same proposition i.e. there must be penalty wrongdoing and the person who has done wrong should suffer for it also it is a common belief that inflicting punishment on wrongdoers discourages other from doing wrong. But with the increasing strength of human rights movement all across the world, the existence of capital punishment is questioned as immoral and extreme. In spite of many organizations protesting for the nullification of death sentence, it is still being executed in different countries. The profounder of death penalty argued that it will act as a deterrent against crimes in the society and it is economical than keeping the convicts behind the bars. On the other hand, some might argue that, punishment in present context must be more reformative than retributive. The UN in its Charter of Rights has declared death penalty or capital punishment as a crime against humanity and had also asked its member countries to put an end to it. One of the member countries of the UN – India, still carries out capital punishment in “rarest of the rare” cases even though the Constitution of India has stated that the government has no right to take the life of any person as per article 21. A majority of countries in the world has now abandoned the use of the death penalty but the world has not yet amicably come forward against its use.
However, the number of countries carrying out the death penalty is declining and it is possible that worldwide opinion and pressure will gradually influence all countries to abolish this practice. Capital punishment in current scenario of the country trend towards abolition of the death penalty as it has emerged over recent decades. It will trace the development of capital punishment as a human rights issue in the international forum, and examine recent challenges to the death penalty in India. Death, life imprisonment, simple or rigorous imprisonment, fine and forfeiture of property. In contemporary India, death sentences are only reserved for the rarest of rare case.
However, there is no guideline or structure to define these “rarest of rare” cases. Whenever a Punishment is awarded for the wrong doing there are two main reasons for inflicting such punishment; 1.) One is that the person who committed the wrong must suffer for it. 2.) And, the other one is that inflicting punishment on wrongdoer acts as an example for others. In India deciding the case for death penalty is based on doctrine of “rarest of the rare test” which was stated in the case of Bachan Singh V. State of Punjab. Which means that death penalty will only be awarded in rarest of rare cases only . Further, in the case of Macchi Singh & Others V. State of Punjab the Three Judge Bench followed the decision of Bachan Singh and stated that only in rarest of rare cases when collective conscience of community is in such a way that it will expect the holders of the judicial powers to inflict death penalty then it can be awarded if the murder is committed in an extremely brutal, revolting or dastardly manner so as to arouse intense and extreme indignation of the community. 2.) When a murder of a member of a Scheduled caste is committed which arouse social wrath. 3.) In case of “Bride Burning” or “Dowry Death”. 4.) When the crime is enormous in proportion. 5.) When the victim of murder is ● An Innocent child ● A vulnerable Women or a Person rendered unaided by mature epoch or illness. ● once the injured party is an individual in relation to whom the slaughterer is in point of authority or reliance. Apex court in the case, Macchi Singh v. State of Punjab expanded the finding laid down in Bacchan Singh. Hereunder are certain observations made by the court; “capital punishment can be awarded only in the case of gravest crimes. Circumstances of the offender must be taken into consideration before pronouncing a death sentence”. Jagmohan vs state of UP was the first case dealing with the question of constitutional validity of capital punishment in India. India retains death punishment for a number of serious offences.
Death penalty is no doubt unconstitutional if imposed arbitrarily, capriciously, unreasonably, discriminatorily, freakishly or wantonly, but if it is administered rationally, objectively and judiciously, it will enhance people’s confidence in criminal justice system. thus, the conclusion in the present circumstances of the country, it is required to retain death penalty in rarest of the rare cases. Because if it doesn’t deter the crime, then why do people still seek for commutation and pardon?
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