Understanding Capital Punishment
Capital Punishment, also known as the death penalty, is a legal form of punishment in India. It is allowed for certain crimes under the Indian Penal Code, 1860, and other associated laws.
Tracing the History of Death Penalty in India
Prior to the introduction of the Criminal Procedure (Amendment) Act [
Code of Criminal Procedure (Cr PC)
] of 1955, the death penalty was the standard punishment, and life imprisonment was an exception in India.
According to official records, since India's independence in 1947, there have been 720 executions.
As per Section 354 (3) of the Cr PC, 1973, courts are obligated to provide written reasons when awarding the maximum penalty.
Some landmark cases related to capital punishment in India:
-
Ranga & Billa case:
This case involved the kidnapping and murder of two siblings. The culprits were awarded the death penalty, and the case sparked a nationwide debate on capital punishment.
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Dhananjoy Chatterjee case:
Dhananjoy Chatterjee was the first person who was judicially executed in India for murder after the reinstatement of the death penalty. He was charged with the crimes of rape and murder. The case led to widespread discussions on the death penalty.
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Nirbhaya case:
In this case, the Supreme Court upheld the death sentence of four convicts involved in a brutal gang-rape case in Delhi. The verdict was hailed by the victim's family and civil society.
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Learn more about the
Indian Judiciary
at the linked article.
Arguments in Favor of Capital Punishment
There have been various arguments made in favor of Capital Punishment in India. Below are some of the most common ones:
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Retribution:
It is often argued that the punishment should match the severity of the crime. It is believed that justice demands the perpetrator to suffer for their crime, and in the case of murder, the fitting punishment is death.
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Some believe that strict punishment like the death penalty ensures justice for the victim.
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There is also a belief that capital punishment can provide closure to the victim's family.
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Some argue that the death penalty can potentially deter others from committing heinous crimes.
Arguments Against Capital Punishment
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There is always a chance of an innocent person being wrongly convicted and executed.
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The execution of a convict can cause severe emotional distress to their family.
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The prolonged waiting period on death row can lead to extreme mental and emotional suffering for the convict.
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There is no definitive evidence to support the argument that the death penalty deters crime.
Aspirants can also find detailed
UPSC Syllabus
for the prelims and mains examination at the linked article.
