ENGLISH

STUDY OF CAPITAL PUNISHMENT IN INDIA

Internal Assessment –II

Submitted By

KASHISH AGARWAL

PRN: 22010324108

BBA-LLB – Division-D

Under Guidance of

Mr. Sankar

Date: 01-04-2023

1. ABSTRACT

As we know that the population rate is increasing in India, and simultaneously the crime rates are
also increasing. There have been various steps taken to stop crime but apart from these various
crime control schemes have been arranged by the Government & acts have been passed by the
legislation but there has been no improvement in the crime rates & they have still been
increasing with time, the reason behind this is that there is no strict punishment that has been
imposed by the Government for a crime. The wrongdoer is either supposed to pay a penalty or is
forgiven based on justification of the wrongdoing. Out of the various punishments for a crime,
such as an imprisonment for life, simple imprisonment, etc & Capital punishment is one of the
most critical punishments. Further, this paper will explain the meaning of Capital Punishment in
a detailed manner & its impact in India & throughout the world. From the most ancient cases to
the most unique cases, every part will be elaborated on in this paper. The main question of
research in this article would be if the statement of Capital Punishment would be against
humanity or if it is, how will justice be given to the victim who had to suffer for the wrongdoing
act done by the criminal? The analysis will have information relating to the execution process
also. One of the main reasons that the death penalty must be a correction to crime is that it builds
fear among the wrongdoers for not committing a crime & staying alert to the harsh consequences
of doing so. The term Capital Punishment is derived from the Latin word “Capital” which means
regarding the head. Human Rights have always found Capital Punishment vicious. This has
always been one of the most dispute-worthy topics where each one has their own opinion on the
same. Dictatorship & Monarchy Governments have witnessed the most number of Cases in
which the death Penalty or Capital Punishment is entitled.

Keywords: Population, crime rates, government, legislation, capital punishment, execution.

2. INTRODUCTION

All punishments that are inflicted for the wrongdoing are based on a very optimistic view, i.e.,
fellow criminals are afraid of the consequences & the wrongdoer should suffer for the wrongful

act done by him/her. Similarly, Capital punishment is based on the opinion of not letting other
victims suffer & to ensure there is fear among the criminals. Capital Punishment, being an
essential part of the legislation, brings into the question debate as on the other side, there is
support/right to life by various movements by the Human Rights Council. This makes the idea of
Capital punishment unfair. At the same time, the fact of being able to save a million lives by
letting go of one criminal-minded life makes the same ethical. Capital punishment is usually
executed after the offender is found guilty of any criminal offence & is usually replaced with the
term “Death Penalty” even though both the terms differ due to one being executory and the other
being non-executory in nature. The term, Death penalty is generally used when the order is
upheld & the execution for the same is not necessary. The offence committed by a person decides
the amount of punishment he/she is entitled to. At the same time, Capital punishment is given to
those who perform wrongful acts or crimes out of rage, such as murder, rape, etc & the
judgement of the Death Penalty will be justified in such cases.

From Ancient to Medieval, there has always been history in every part of the world that has
Capital Punishment or Death Penalty as the most severe punishment. There was never a time
when it was questioned or considered immoral. In ancient Greece, the Capital Punishment order
was given in cases of Murder, Rape, etc whereas, it was once argued that only those deserve to
be given death statements whose behaviour cannot be changed.

In the Indian Culture, the intention behind giving punishments to various criminals &
wrongdoers was just to make them suffer or give penalties for their wrongdoing. The various
kinds of punishments given to wrongdoers can vary from capital punishment to imprisonment to
just fines. Capital Punishment is usually a penalty ordered by the state government because a
criminal act being taken place. The act must be against various aspects such as life, humanity,
etc & death statements also differentiate in various states & countries. For the majority of cases,
the death penalty serves as evidence that even life in prison is not sufficient to punish the guilty
for their actions.

 3. LITERATURE REVIEW

1. Broughton - 2014

In this review, the national capital punishments are being looked upon again & the Jurisprudence
of Capital punishment or the death penalty is being protected under various political parties in
the USA to control the overall population.

2. Kirchmeier - 1997

It is clearly said that capital punishment can be moral & immoral both under civil/criminal
disputes.

3. Ofo - 2010

It is being reviewed that Capital punishment is not going to solve the problem of the crime taking
place. If one wrong-doer is being given a death statement, the other will do the crime. There has
to be a solution that is found to stop the crime permanently.

4. Dezhbakhsh & Rubin - 2012

The careful examination of the impacts of Capital punishment has put the debate on point again
& has been going on for years. The examination hasn't proved whether this statement or order is
ethical in nature. The review adds up suitable approaches & in-depth examination of the same.

5. Ehrlich - 1973

The dispute under this article over the civil matters that prove the originality or if the right to
capital punishment order has been given for the wrongful act. The growing ways of being
punished are making the concept of the death penalty outdated.

6. Sidhu - 2014

This review says that capital punishment goes hand in hand with American laws & basic
standards for the same. This article suspects various grievances of Capital punishment &
authorises the proof against Death Penalty.

4. RESEARCH METHODOLOGY

This research paper is a Qualitative form of research & is based on a few observations & other
research papers, material about trends in Capital Punishment, and analysis of the ways of making
one feel guilty for his wrongful act. Lastly, the evolution of Capital Punishment or the Death
Penalty statement with time. In this research, a lot of information was collected & further
analysed the content in words & data to explore the topic.

5. ANALYSIS & FINDINGS

Capital Punishment is the most severe punishment among the various other punishments. This
type of punishment statement is given to very vigorous, inhuman acts which go against
humanity. While it is also known that the definition of Capital Punishment differs in various
nations, states, and ages, there are various methods of further executing death statements & the
methods are - (A) Guillotine - This method was usually seen in the French times where the
person who was the accused for the wrongful act was placed in between a wooden board
dividing his head & body, later a blade is dropped down towards the wooden board cutting is
head apart. (B) Burning - This method of execution was done by burning the wrong-doer for the
crime done by him/her. (C) Headman’s Axe - In this method, the convict's head is torn apart to
death by the use of an axe. (D) Gas Chambers - This form of Capital punishment was mainly
used by the Nazis wherein people are given exposure to toxic gases to kill people.

We know that every law has its own & reasonable exemptions, few of the exceptions are - (1)
Minors: A person who is under the age of 18 years is considered to be a minor according to laws

& at the same time cannot be held liable or be given death statement. This exemption is with the
intention that a person who hasn't even reached his/her adulthood should be given the chance to
improve from his mischief & be able to learn from the same. The Juvenile Justice Act, of 2015 is
also created to provide justice to victims & give criminal minors their chance to improve &
learn. (2) Pregnant woman: In this exception, a death statement that has been given to a pregnant
woman is usually either converted into life imprisonment or is postponed with the intention that
the woman being given this statement will be equal to letting go both the woman & the child in
her womb, the child in her womb has not committed any crime & should not suffer for the same.
This exception is reviewed under Article 416 of CrPc. (3) Intellectual Disability: If in case a
person has committed a very serious crime and is not able to explain or defend himself, this
condition is usually known to be Intellectually Disabled or Disturbed. Such people are usually
exempted from giving Capital Statement orders due to being unaware of the general
consequences of their crime so therefore, according to law, they fall under the exception of not
being given such a severe statement.

Every region in the world has had a death penalty statute in place since the beginning of time.
Savage death was a typical event in pre-historic communities. The conflict between ancestors or
within a community was frequently the very circumstances of existence. The quality of life was
at an all-time low, and personal revenge dominated discussions of punishment. Death and outcast
were the two major weapons used to drive out the bad elements from the gathering. The death
sentence was therefore the most effective means of punishment and prevention at the time. The
death penalty is the most severe punishment. When in doubt, guilt is based on the seriousness of
the offence, the threat it provides to the public, the offender's degradation, and all other relevant
considerations. The offender runs the risk of punishment since they expect the consequence of
their transgression. When the cost of suffering is sufficiently high relative to the projected reward
of the wrongdoing, a sizable number of people will stop. This still applies to crimes that may
result in death. Unquestionably accepted is the fact that the death sentence should only be used in
serious cases involving a high level of guilt and serious threats to society.

In a primitive society, there were strong anti-counterfeiting sentiments, and the payment of the
same amount of money by the victim's friends and family was seen as a fair demonstration. The
general public was not organised into a group of dependable natives, and social orders were
instead governed by the State from the beginning, and the State has since taken on the role of the
gatekeeper of individuals. Furthermore, the State should and can ensure that people are safe
simply by correctly rejecting the responsible. The death penalty is an outmoded practice. There is
practically no country in the world whereby the death sentence has never been used. The
development of humanity over time reveals that the death penalty has never been abolished as a
form of punishment.

Talking about a few Caselaws of Capital Punishment,

In the case of Bachan Singh v. State of Punjab, it was held that the appellant was liable for the
murder of Desa Singh, Veeran Bai & Durga Bai under Section 302 of the Indian Penal Code. The
Hon’ble High Court ordered Death Statement & the case was dismissed. Similarly, in the case of
Machhi Singh v. State of Punjab, it was held that a death penalty must be ordered & applied in
the Courts of India for 17 people being killed in a particular act of violence. & Lastly, In the
Case of Ramnaresh and Ors v. State Of Chhattisgarh (2012), there were five principles which
were laid down as standards for giving sentences of Capital Punishment to people & they were
that (i) the rarest or rare cases must be considered, (ii) if in case life imprisonment looks
insufficient for the crime done, (iii) where death penalty becomes a norm, (iv) the nature of the
case saying life sentence will not be used as a caution & there is no room for improvement in the
wrong-doer, (v) the crime done should be reviewed upon the behaviour & acts of the wrong-doer.

6. OBJECTIVE & SCOPE OF THE STUDY

- To Analyze capital punishment in India

- To Review the criminological approach of capital punishment

- To Find out how the state is ideal concerning taking away the life of a criminal

- To Investigate and analyse the key elements of Giving this capital punishment.

- Criminals are to be treated according to the reformative theory instead of capital punishment.

- Education to prisoners about the importance of human life and its best utilization, with a motive
to teach them how to live a normal life on legal terms, and avoid using illegal means.

7. LIMITATIONS OF THE STUDY

A. This study restricts one to focus on the ongoing patterns that relate to just Capital Punishment
& does not find various other punishments & their impacts.

B. Capital Punishment violates the right to live irrespective of the human being performing a
crime or wrongful act.

C. This study involves the patterns of ancient & modern India, restricting the main research
within the territorial boundaries of India.

8. CONCLUSION

Capital punishment is continued to be followed in India, while many other countries have
abolished it. The National criminal statistics of India represent that Death Penalty has not
stopped the crimes in the country, the rate of crimes has continued to increase day by day. No
improvement has been noticed. For India, It is suggested to rework the laws majorly relating to
Death Penalty and ensure that the Punishment must be Rigorous and create a huge impact on the
people and make them understand the crimes they have committed are completely unlawful and
shall not be continued. Death penalty can't be considered to be the worst punishment, rather a
long time punishment in prison where the criminal realises his/ her mistake is a better option.
Each day spent in prison shall make him conscious of these acts and make him realise how huge
the crime was. The death penalty itself can be considered an offence again humanity, as humans
must learn how to value the beautiful life given by God. The government shall look into the

 relatable positive and negative elements of the death penalty, and find better ways to clear the
matter with a positive outcome in the end.

9. REFERENCES

1. Robert M Bohm. Death Penalty Today. Published by CRC Press. 2008. 1st edition.

2. Reena Mary George. Prisoners’ voices from Death Row: Indian Experiences. Published by
Routledge. 2016.

3. Milan Vaishnav.When crime pays: Money and Muscle in Indian politics. Harper Collins
Publications. 2017.

4. James A, Mccafferty. Capital punishment. Published by a division of transaction publishers.

5. Lill Scherdin. Capital Punishment: A Hazard to a sustainable criminal justice system? 2016.

6. Michael Kronenwetter. Capital Punishment: A Reference Handbook. 2001.

7. P.K. Supreme Court on rarest of rare cases. Universal law publishing. 2011.

8. Udai Raj Rai.Fundamental rights and their Enforcement. PHI learning private LTD. 2011.

9. Roger Hood, Carolyn Hoyle.Death Penalty: a worldwide perspective. Published by Oxford.

10. Dr N.M. Ghatate. Death Under the Shadow of Judiciary. published by oceans books private
LTD. 2016.