Laws Governing the Death Sentence in India
The death penalty is the most severe form of punishment under Indian law, awarded in the rarest of rare cases. It is governed by the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and constitutional provisions. The Supreme Court of India has played a significant role in interpreting these laws.
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1. Indian Penal Code (IPC) Provisions
Several sections of the IPC prescribe the death penalty for heinous crimes. These include:
A. Section 53 – Types of Punishment
This section categorizes punishments under IPC, with death as the most extreme penalty.
B. Section 54 – Commutation of Death Sentence
The government has the power to commute a death sentence to life imprisonment.
C. Offenses Punishable with the Death Penalty
1. Murder (Section 302)
Punishment: Death or life imprisonment with a fine.
Used in brutal, premeditated murders or cases where the “rarest of rare” doctrine applies.
2. Waging War Against the Government (Section 121)
Engaging in war or acts of terrorism against India.
Punishment: Death or life imprisonment with a fine.
3. Aggravated Rape (Section 376A, 376AB, 376DB)
Cases involving rape of minors below 12 years, gang rape, or where the victim dies.
Punishment: Death penalty or life imprisonment.
4. Kidnapping for Ransom (Section 364A)
If kidnapping leads to death or extreme torture, the court may award the death penalty.
5. Dacoity with Murder (Section 396)
If murder is committed during dacoity, the convicts may receive the death penalty.
6. Terrorist Acts Resulting in Death (UAPA & TADA)
Acts involving bomb blasts, mass killings, or assassinations can attract the death penalty under terrorism laws.
7. Repeat Offenders in Drug Trafficking (NDPS Act, Section 31A)
Drug traffickers with previous convictions can be sentenced to death.
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2. Code of Criminal Procedure (CrPC) Provisions
The CrPC governs the procedural aspects of sentencing, appeal, and execution of the death penalty.
A. Section 235(2) – Hearing on Sentence
After conviction, the accused has the right to be heard before the death sentence is awarded.
B. Section 354(3) – Special Reasons for Death Penalty
Courts must provide detailed reasons when awarding the death sentence instead of life imprisonment.
C. Section 366 – Confirmation by High Court
A death sentence awarded by a Sessions Court must be confirmed by the High Court.
D. Section 368 – Powers of High Court
The High Court can uphold, reduce, or set aside the death penalty after reviewing the case.
E. Section 415 – Supreme Court Appeal
The convict has a right to appeal to the Supreme Court.
F. Section 433 & 434 – Commutation of Death Sentence
The government can commute a death sentence to life imprisonment.
G. Section 416 – Pregnant Women & Death Penalty
If a convicted woman is pregnant, her death sentence can be postponed or commuted.
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3. Constitutional Provisions and Mercy Petitions
A. Article 72 – Presidential Pardon
The President of India can grant pardon, reprieve, respite, or commute the death sentence under Article 72.
B. Article 161 – Governor’s Pardon
The Governor of a State can grant clemency, but only for state offenses.
C. Article 21 – Right to Life
The death penalty must comply with due process and be reserved for the rarest of rare cases.
D. Article 32 & 136 – Judicial Review
Death row convicts can file:
Review petitions before the Supreme Court.
Curative petitions in case of judicial error.
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4. Landmark Supreme Court Judgments
The Supreme Court has played a crucial role in defining the application of the death penalty.
A. Bachan Singh v. State of Punjab (1980)
Established the “rarest of rare” doctrine, meaning the death penalty should be used only in extreme cases.
B. Machhi Singh v. State of Punjab (1983)
Laid down five circumstances where the death penalty may be justified:
Manner of commission (brutal, gruesome killings).
Motive (unjustifiable revenge).
Social impact (mass murders, terrorism).
The victim (vulnerable individuals like children, women).
Extreme depravity (acts of extreme cruelty).
C. Shatrughan Chauhan v. Union of India (2014)
If a mercy petition is delayed excessively, the death sentence can be commuted to life imprisonment.
D. Navneet Kaur v. State (2021)
Ruled that mentally ill convicts should not be executed.
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5. Methods of Execution in India
A. Hanging (Section 354(5) CrPC)
Hanging by the neck until death is the primary method of execution.
The executioner is appointed by the government.
B. Firing Squad (Rarely Used)
Used in cases involving military court-martial under Army laws.
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6. Mercy Petitions & Commutation Process
A. Steps in the Mercy Petition Process
1. The convict files a mercy petition with the President or Governor.
2. The Home Ministry reviews the petition and advises the President.
3. The President decides to accept or reject the petition.
4. The Supreme Court can review the rejection of a mercy petition.
B. Cases Where Death Sentence Was Commuted
Rajan Case (1976) – Commuted due to mental illness.
Devender Pal Singh Bhullar Case (2013) – Commuted due to delay in execution.
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7. Arguments For and Against the Death Penalty
A. Arguments in Favor
1. Deterrence – Serves as a warning to criminals.
2. Retribution – Ensures justice for victims.
3. Public Safety – Prevents repeat offenses.
B. Arguments Against
1. Human Rights Violation – Seen as inhumane and irreversible.
2. Judicial Errors – Risk of wrongful conviction.
3. Ineffectiveness – No concrete evidence of deterrence.
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Conclusion
The death penalty in India is legally permitted but is reserved for exceptionally heinous crimes under the rarest of rare principle. While courts follow strict guidelines, mercy petitions and constitutional safeguards provide convicts with multiple avenues for relief. The debate over its ethical and legal validity continues, with many advocating for its abolition in favor of life imprisonment.