India is a country which consists of large number of crimes and criminals. In India all punishments are based on the motive to give penalty for the wrongdoer. There are two main reasons for imposing the punishment, one is the wrongdoer should suffer and other one is imposing punishment on wrongdoers discourages other from doing wrong. Capital Punishment is one of the important parts of Indian criminal justice system. Crimes result in death penalty is known as capital crimes or capital offences. The term capital punishment is derived from the Latin word “capitalis” means “regarding the head” Capital punishment is also known as the death penalty. Capital Punishment is a legal death penalty in India.
India gives capital punishment for serious offences .In India capital punishment is awarded for most heinous and grievous offence.
Capital punishment is an ancient sanction. There is practically no country in the world where the death penalty has never existed. Human civilization reveals that during no period of time capital punishment has been described as a mode of punishment. At independence, India retained several laws put in place by the British colonial government, which included the Code of Criminal Procedure, 1898 (‘Cr.P.C. 1898’), and the Indian Penal Code, 1860 (‘IPC’). The IPC prescribed six punishments that could be imposed under the law, including death.
For offences where the death penalty was an option, Section 367(5) of the Cr.P.C 1898 required courts to record reasons where the court decided not to impose a sentence of death:
If the accused is convicted of an offence punishable with death, and the court sentences him to any punishment other than death, the court shall in its judgment state the reason why sentence of death was not passed.
In 1955, the Parliament repealed Section 367(5), Cr.P.C 1898, significantly altering the position of the death sentence. The death penalty was no longer the norm, and courts did not need special reasons for why they were not imposing the death penalty in cases where it was a prescribed punishment.
The Code of Criminal Procedure was re-enacted in 1973 (‘Cr.P.C’), and several changes were made, notably to Section 354(3):
When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded and, in the case of sentence of death, the special reasons for such sentence.
This was a significant modification from the situation following the 1955 amendment (where terms of imprisonment and the death penalty were equal possibilities in a capital case), and a reversal of the position under the 1898 law (where death sentence was the norm and reasons had to be recorded if any other punishment was imposed). Now, judges needed to provide special reasons for why they imposed the death sentence.
These amendments also introduced the possibility of a post-conviction hearing on sentence, including the death sentence, in Section 235(2), which states:
If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.
TYPES OF CAPITAL PUNISHMENT
In this topic, I am going to discuss the various methods of punishments that are used in the different countries. But, before that let’s talk about the capital punishment that people used in the past.
- Electrocution– In this method, the criminal is tied to a chair and a high voltage current that can kill a man easily is passed through the body. In addition, it causes organ failure (especially heart). As of 2015 , the only place in the world that still reserve the electric chair as an option for execution are U.S. States of Alabama, Florida etc.
- Tranquilization– This method gives the person a slow but painless death as the toxin injections are injected into his body that takes up to several hours for the criminal to die.
- Beheading– Generally, the Arab and Gulf countries use this method. Where they decide the death sentence by the crime of the person. Furthermore, in this method, they simply cut the person’s head apart from the body.
- Stoning– In this the criminal is beaten till death. Also, it is the most painful method of execution. UAE, Iraq, Qatar, Saudi Arabia, Somalia, Sudan etc. These country follow this as a capital punishment
- Shooting– The criminal is either shoot in the head or in his/her chest in this method. Myanmar use this as a capital punishment
3.6 Hanging– This method simply involves the hanging of culprit till death. India, Iran, Iraq, Japan, Malaysia, Pakistan, UAE, Sudan, Myanmar, Sri Lanka etc. These county used this as a capital punishment.
In India, capital punishment has been practiced since ancient times. Many countries abolished capital punishment. When we look at our national crime statistics death penalty has not proved to be deterrent for doing offence, the crimes rates are increasing only. Capital punishment is the harsh reality of our world. Without the death penalty, some criminals would continue to commit crimes. It deters prisoners who are already serving life sentences in jail from committing more serious offenses. Capital punishment is necessary in India because in today’s world the crime rate of rare of the rarest is increase, so if the capital punishment is not given to him then the fear will not create in the society and the crime rate will increase. To maintain peace in the society judiciary have to take some tough calls.
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