Capital punishment, commonly known as the death penalty, is the execution of a person who has been sentenced to death by a court of law. Extrajudicial executions carried out without due process of law should be separated from capital punishment. Because of the potential of commutation to life imprisonment, the terms death sentence and capital punishment are sometimes used interchangeably. However, imposition of the penalty does not always result in execution (even when it is sustained on appeal).
Capital Punishment in India
In India, capital punishment is a legal death penalty. For major crimes, India imposes the death penalty. In India, the most wicked and grievous offences are punishable by death. Article 21 of the Indian constitution states that “life and personal liberty are protected.” “No person shall be deprived of his life or personal liberty unless in accordance with legal procedure,” says the article. According to this article, every Indian citizen is guaranteed the right to life. In India, the Indian Penal Code (IPC) punishes criminal conspiracy, murder, waging war against the government, abetment of mutiny, dacoity with murder, and anti-terrorism with the death penalty. The Indian Constitution allows the President to commute the death penalty. Since 1995, India has carried out twenty-two capital punishments. In India, there have been fifty-two capital punishments since independence. The Supreme Court in “Mithu versus State of Punjab” knocked down IPC Section 303, which mandated the death penalty for offenders. India voted against a UN General Assembly resolution calling for the death penalty to be abolished. In November 2012, India maintained its stance on capital punishment by voting against a draught resolution proposed by the United Nations General Assembly to abolish the death penalty.
Method of Execution in India
In India, the death penalty is carried out through hanging or gunshot.
In India, all capital punishment is carried out through hanging. Godse was the first person to be executed by capital punishment in India after independence, in Mahatma Gandhi’s case. The Supreme Court of India has suggested that capital punishment should be reserved for the rarest of circumstances in India.
In India, the Army Act and the Air Force Act both provide for the execution of capital punishment. Section 34 of the Air Force Act of 1950 empowers the court martial to impose the death penalty for any of the criminal acts listed in sections 34(a) to (o) of the Air Force Act of 1950.
To carry out capital punishment in India, the government primarily used the hanging method.
Capital Punishment should be abolished
Capital punishment has been used in India from ancient times. Many countries have abolished the death penalty. When we look at our national crime statistics, we can see that the death penalty has not proven to be a deterrent for committing crimes; instead, crime rates are rising. In India, we need to modify our laws, particularly when it comes to the death sentence. Our laws should be changed, and the punishment should be severe enough to serve as a deterrent to those who might commit similar crimes. There is a penalty that is more severe than the death penalty. Make the criminal participate in a continual conversation about capital punishment. Punishment and the rigours of jail life are far worse than the death penalty. The criminal should be aware of his crime at all times of the day and night. The capital punishment is not very effective way to reduce crimes in India so it should be abolished.
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