Capital punishment in India

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Capital punishment in India

Capital punishment in India is a legal penalty for certain crimes under the Indian Penal Code and other laws. The Supreme Court of India has upheld the constitutionality of the death penalty, but it is imposed only in the "rarest of rare" cases.

Legal Framework

The primary legislation governing capital punishment in India is the Indian Penal Code, 1860. Specific sections of the IPC, such as Section 302 (murder), Section 121 (waging war against the government), and Section 376A (rape and injury which causes death or leaves the woman in a persistent vegetative state), prescribe the death penalty as a possible punishment.

Judicial Process

The imposition of the death penalty in India involves a multi-tiered judicial process. A death sentence imposed by a Sessions Court must be confirmed by a High Court. The convicted individual has the right to appeal to the Supreme Court of India. Additionally, the President of India has the power to grant clemency under Article 72 of the Constitution of India.

Methods of Execution

The method of execution in India is hanging. The Code of Criminal Procedure, 1973, prescribes hanging as the method of execution. However, in certain cases, the Armed Forces Act allows for execution by shooting.

Notable Cases

Some of the notable cases involving capital punishment in India include:

• Dhananjoy Chatterjee (2004) - Executed for the rape and murder of a schoolgirl.
• Afzal Guru (2013) - Executed for his involvement in the 2001 Indian Parliament attack.
• Yakub Memon (2015) - Executed for his role in the 1993 Bombay bombings.
• Nirbhaya case (2020) - Four men were executed for the gang rape and murder of a young woman in Delhi.

Public Opinion and Debate

The use of capital punishment in India is a subject of ongoing debate. Proponents argue that it serves as a deterrent to serious crimes, while opponents contend that it is inhumane and prone to judicial errors. Various human rights organizations and activists have called for its abolition.

Statistics

As of the latest data, there are several individuals on death row in India. The number of executions carried out each year varies, with some years seeing no executions at all.

International Perspective

India is one of the countries that retains the death penalty, in contrast to many nations that have abolished it. The country faces periodic international scrutiny and pressure from human rights organizations to abolish capital punishment.

See Also

• Indian Penal Code
• Supreme Court of India
• Constitution of India
• Human rights in India
• Criminal justice system of India