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Capital punishment, popularly known as the death penalty, is basically a government sanctioned practice in which the state puts a person to death as punishment for a crime. The sentence that is given in such a manner is called a "death sentence," and the act of carrying out that sentence is called "execution." Crimes for which a death sentence is awarded are called "capital punishment".
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Introduction: Capital punishment, popularly known as the death penalty, is basically a government sanctioned practice in which the state puts a person to death as punishment for a crime. The sentence that is given in such a manner is called a "death sentence," and the act of carrying out that sentence is called "execution." Crimes for which a death sentence is awarded are called "capital punishment". The basic idea behind the death penalty is that those who commit such an offence pose a threat to society. The death penalty is also used to serve as a deterrent in society. Although India adheres to the restorative justice theory, which states that the offender, after being punished for the offence and serving the sentence, may redeem himself for the harm he caused to society as well as make him/her understand that the offence committed by him/her caused harm and discourage him/her from causing further harm to society. The theory of retributive justice is core to the case for the death penalty. This theory holds that the person who has committed such a heinous crime must also suffer the same fate. The death penalty is imposed to have a deterrent effect on society, so that people fear the consequences of their actions. The question of constitutional validity has been raised before the Supreme Court in a number of cases since the death penalty has been abolished in many countries and the United Nations has stated that countries must abolish the death penalty. Since the right to life enshrined in Article 21 of the Indian Constitution is a fundamental right that cannot be taken away, it is one of the most important and compelling arguments for abolishing the death penalty even in the most exceptional of circumstances, but the Supreme Court has not ruled out capital punishment yet either. Questions and debates about the abolition of the death penalty are raging around the world among social activists, jurists, judges, lawyers, legal reformers, and administrators. In India, there are differing views on the death penalty, with some advocating its continued use and others advocating its abolition. The Meaning of Capital Punishment Capital punishment, also known as the death penalty, is the execution of an offender sentenced to death after being found guilty of a criminal offence by a court of law. Capital punishment is the
imposes a duty on the judge to hear the person convicted of an offence on the question of sentencing before awarding the sentence; and the second [Section 354(3)] imposes a duty on the judge to state reasons for the sentence awarded to the convict in capital cases. If the judge uses his discretion and sentences someone to death, he must document his reasoning. The constitutional relevance of the death penalty was raised before the Supreme Court in Rajindra Prasad v. the State of U.P^2 ., though the main question was not the constitutional validity of the death penalty, but the court was asked to consider on what grounds and circumstances the death penalty could be awarded. For awarding guidelines for the death penalty, Justice Krishna Iyer suggested the following factors: 1.A change in legislative policy regarding life and death
Mandatory Death Penalty The Indian Penal Code, 1860, established the mandatory death penalty in India. Section 303 of the Indian Penal Code, 1860, provided for a mandatory death sentence, but the main attraction of this penal provision was that a person who was already serving a life sentence committed a murder and was sentenced to death. To be charged under this section and receive a mandatory death sentence, a person must murder someone who is already serving a life sentence. The question of the constitutional validity of the mandatory death sentence came up before the Apex court in the case of Mithu V. State of Punjab. The primary and fundamental argument for challenging the constitutionality of the mandatory death penalty was that Section 303 of the Indian Penal Code, 1860 is violative of Article 14 and Article 21 of the Indian Constitution,
victim; and the second is to discourage others from committing wrongs by sanctioning corrections. In India, the Supreme Court has not completely abolished the death penalty and has ruled in favor of it in a number of cases. Although, over time and through various cases, the Supreme Court has changed its stance on the death penalty, declaring it to be a violation of Articles 14 and 21 of the Indian Constitution. However, the death penalty is now only applied in the most heinous cases. The primary reason for the death penalty's being valid and present is to have a deterrent effect on society.
