Death Penalty India Essay

The term ‘Capital Punishment’ can be defined as the execution of a condemned criminal under death sentence sanctioned by the State. The word capital has been derived from the Latin word ‘capitalis’ which means of the head. The concept of death penalty has been in vogue since the beginning of civilization and has been a long-established element of criminal justice system in many nations.

The object of this paper is to analyse the position of the judiciary with regards to death penalty in India and whether it should be abolished or not.

According to the India Penal Code, 1860 certain offences are punishable with death. These include:

 Section 121 of Indian Penal Code, 1860: Waging War against the Government

 Section 132 of Indian Penal Code, 1860: Abetment of Mutiny

 Section 194 of Indian Penal Code, 1860: Giving or fabricating false evidence leading to procure one's conviction for capital offense.

 Section 302 of Indian Penal Code, 1860: Murder

 Section 305 of Indian Penal Code, 1860: Abetment of suicide by child or insane person

 Section

However, over a period of time it has been seen that imposition and rate of execution of death sentences has substantially declined over the years. Also the Supreme Court itself recently held that seven of its judgments awarding death were per incuriam the 1973 constitutional bench decision . The case of Dhananjoy Chatterjee v. State of West Bengal , has attracted the attention of the jurists, judges and common man as to whether death sentence be abolished since it does not serve any purpose.

Some of the reasons for abolition of death penalty are as follows:

i. Capital punishment reinforces the idea of retributive justice. It is argued that a person who has committed a heinous crime, such a murder must be likewise deprived of life,

Does this mean that a rapist should be raped or that a torturer should be