Ever since the enactment of the Indian Constitution in 1950, public awareness of problems with death penalty and prevailing legal standards have evolved significantly. India is said to be one of the most liberal and open countries in the world and our constitution is a testimony to this very fact. In dozens of countries, democratic governments in the course of conducting a major review of their national constitutions have decided to curtail, if not abolish, the death penalty. In national systems and as a matter of international law, it is increasingly recognised that the death penalty has no place in a democratic and civilised society. India is sovereign, secular, and democratic. And yet, it is astonishing that India is one of the few, to be exact, 54 countries in the world, which still embraces the concept of capital punishment Provisions in the IPC
The Indian Penal Code (IPC) provides for capital punishment for the following offences, or for criminal conspiracy to commit any of the following offences (Section 120-B): 1.Murder (s.302) and murder committed by a life convict (s. 303).(Though the latter was struck down by the Supreme Court, it still remains in the IPC) 2.Abetment of a suicide by a minor, insane person or intoxicated person (s.305) 3.Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person (s.195A) 4.Perjury resulting in the conviction and death of an innocent person (s.194) 5.Treason, for waging war against the Government of India (s.121) 6.Abetment of mutiny actually committed (s.132)
7.Attempted murder by a serving life convict (s.307(2))
8.Kidnapping for ransom (s.364A)
9.Dacoity [armed robbery or banditry] with murder (s.396)
Death penalty is also provided under the following special and local laws: 1.Unlawful Activities Prevention Act 1967 (as amended in 2004) 2. Defence and Internal Security of India Act 1971
3. Defence of India Act 1971
4.Commission of Sati (Prevention) Act 1987
5.Narcotic Drugs and Psychotropic Substances (Prevention) Act, 1985, as amended in 1988 6.Terrorist and Disruptive Activities (Prevention) Act 1987 (TADA) 7. Prevention of Terrorism Act 2002 (POTA)
8.Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 9.Explosive Substances Act 1908 (amended in 2001)
10.Arms Act 1959 (amended in 1988)
11.Laws relating to the Armed Forces, for example the Air Force Act 1950, the Army Act 1950 and the Navy Act 1950 and the Indo-Tibetan Border Police Force Act 1992 12.Various states (Andra Pradesh, Karnataka, Arunachal Pradesh and Maharashtra) have control of Organised Crime Acts which entail the death penalty.hment or the death penalty. ON, 29 August, the Supreme Court upheld Ajmal Kasab’s death sentence. Kasab is the sole surviving gunman of the 26 November 2008 attacks in Mumbai, which killed 166 people. This led to renewed debate about the death penalty, with political parties calling for Kasab’s early execution. On 18 September, it was reported that Kasab has filed a mercy petition to the President. A total of 12 mercy petitions are currently pending before President Pranab Mukherjee.
The law uses death penalty as an ultimate punishment and also as a deterrent of any further crime. People fear death most, so the notion of a death penalty is supposed to prevent them from committing the crime in the first place. An alternative to death penalty in vogue is life imprisonment, maybe without parole. People who support death penalty over life imprisonment have the burden of proving the deterring effect of the former over the latter, but this is rarely the case. Over years of statistical studies it could not be proved that inflicting a death penalty would more efficiently prevent capital crime. There are data on the contrary like crime rates in US (where you have death penalty) is much more than that in many European countries (where death penalty...