Description
RESEARCH METHODOLOGY
This research is based on doctrinal type pattern. Doctrinal research is also known as traditional research. Doctrinal research is divided into different types such as analytical and descriptive method. This research is based on information which has been already available and analysed those facts to make a evolution of this research. This research involves secondary data. In this research the researcher mostly used books,articles,journals,etc.
Abstract
India is a well developing country at the same time lots of crime rates were increasing nowadays. There are lots of legislation in India to stop and control crimes, even though the crime rates are increasing because the punishments are not sufficient for the crimes. The punishment should be severe to reduce the crime rate. All punishments are based on the same motive to give penalty for the wrongdoer. There are different kinds of punishment in India such as capital punishment, life imprisonment, imprisonment etc. Capital punishment is known as the most severe form of punishment. This paper says about the status of capital punishment all around the world and also defines the concept of capital offence. It also explains about the modes of capital punishment in India. This article explains two major theories related to capital punishment, namely reformative theory and preventive theory. In this research the researcher also explained about rarest of rare cases. This article mentioned about abolitionist and retentionist countries, also capital punishment in ancient India. This article has a detailed view about the capital punishment in India and also the methods of execution in India.
KEYWORDS: capital punishment, death penalty, capital offence, crimes.
INTRODUCTION
India is among one the top most populated countries in the world which also results in large number of crimes and criminals. All punishments are based on the one same principle i.e. there must be a penalty for each and every wrongdoing by a person. There are mainly two major reasons for inflicting any punishment. One is the belief that a person who has done any wrong should be liable for the same and must suffer the consequences of it which is just; the second one is when a wrongdoer is punished it often results in fear among common people and discourages them to commit any wrong doing. The capital punishment also rests on the same proposition as other punishment. Crimes which result in death penalty is known as capital offences or capital crimes. The penalty is known as Capital Punishment. The phrase ‘capital punishment’ has originated from a Latin term for head called ‘capitalis’ which means “regarding the head” mainly referred to beheading. Capital punishment is an elemental part of the Indian Criminal Justice System. In India, death penalty is awarded for most heinous and grievous crimes which is given on the discretion of judiciary. According to the statistics, there are only 755 people who has been punished with capital punishment after the independence of India. While in past three decades only 16 convicts been executed. Despite capital punishment being legal in India, the judiciary saves it for utmost violation of law. Article 21 in the COI provides the right to life to each and every citizen of India which is quoted as- “no person shall be deprived of his life of personal liberty except according to procedure established by law”. Capital punishment has always been point of contention in the judiciary, not only in India but also in the most developed countries. With the increasing strength of the human rights movement in India, the existence of capital punishment is often questioned as evil, immoral and unjust. However, this is a bizarre argument as keeping one person alive at the cost of the lives of numerous potential victims in the society is peculiar and in fact, is morally wrong. India voted against a United Nations General Assembly resolution calling for a prohibition on the death penalty. In November 2012, India again continues its posture on capital punishment by voting against the UN General Assembly draft resolution request to ban death penalty. Section 53 of the IPC deals with the kinds of punishment which can be inflicted on the offenders. They are as follow: Death penalty, life imprisonment etc. Thus, generally speaking, IPC gives much sentencing discretion to the judicial officer.