Capital punishment

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Capital punishment

  1. 1. However, some of the most commonly usedexecution methods these days include:Gas ChamberThe Electric chairLethal injections:Shooting and Shooting SquadHanging
  2. 2. Between 1975 and 1991, about 40people were executed. Thenumber of people executed inIndia since independence in 1947is a matter of dispute; officialgovernment statistics claim thatonly 52 people had been executedsince independence.[20] At least100 people in 2007, 40 in 2006, 77in 2005, 23 in 2002, and 33 in 2001were sentenced to death .On 27April 1995, Auto Shankar washanged in Salem, Tamil Nadu.
  3. 3. provision regarding the capital punishment isthe Presidential power of pardon. This appearsin Article 72 and states that “The Presidentshall have the power to grant pardons,reprieves, respites or remissions ofpunishment or to suspend, remit or commutethe sentence of any person convicted of anyoffence….. (c) in all cases where the sentenceis a sentence of death.” The objective of thisarticle is to ensure that there be an authoritybeyond the Supreme Court to help theinnocent if in case the Supreme Court, being ahuman institution has committed an error.
  4. 4. The Indian Penal Code (IPC) provides for capital punishment for the following offences, or forcriminal conspiracy to commit any of the following offences (Section 120-B):1. Murder (s.302) and murder committed by a life convict (s. 303).(Though the latter was struckdown by the Supreme Court, it still remains in the IPC)2. Abetment of a suicide by a minor, insane person or intoxicated person (s.305)3. Threatening or inducing any person to give false evidence resulting in the conviction anddeath of an innocent person (s.195A)4. Perjury resulting in the conviction and death of an innocent person (s.194)5. Treason, for waging war against the Government of India (s.121)6. Abetment of mutiny actually committed (s.132)7. Attempted murder by a serving life convict (s.307(2))8. Kidnapping for ransom (s.364A)9. Dacoity [armed robbery or banditry] with murder (s.396)
  5. 5. Being one of the most controversial provisionsin the Indian Constitutions, there have beenmany controversial cases against deathpenalty throughout the entire course of time.Here, I shall analyse andmark cases in thehistory of the Supreme Court. They are thefollowing:The Jagmohan Singh case was important inthe light that it challenged theconstitutionality of the death penalty.However, this was rejected by the SupremeCourt, saying "…in the face of these (Art. 21 &72) indications of constitutional postulates itwill be very difficult to hold that capitalsentence was regarded per se unreasonableor not in the public interest". But fortunately,a new CrPC in the same year had changed thedeath penalty from being the norm to anexception.
  6. 6. More than two-thirds of the countries in the world have now abolished the death penalty in law orpractice. The numbers are as follows:Abolitionist for all crimes: 97Abolitionist for ordinary crimes only: 8Abolitionist in practice: 35total abolitionist in law or practice: 140Retentionist: 58There are list of countries which have abolished the death penalty since 1976.Albania, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bhutan, Bosnia-Herzegovina, Bulgaria, Burundi, Cambodia, Canada, Cape Verde, Colombia, Cook Islands, Costa Rica,Cote DIvoire, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Estonia,Finland, France, Gabon, Georgia,
  7. 7. No matter what the method is, it isalways cruel and unusualpunishment to take a life. Is it adeterrent to others? There arecurrently 3500 murderers on DeathRow. Since 1980, death sentenceshave increased to 250 per year. Onthe other hand, worldwide, only 58countries still impose the deathpenalty. It is time to review ournational attitude and find othermethods of punishing those whokill.

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