This document discusses capital punishment and provides details on:
- Definitions and history of capital punishment from ancient times to modern era
- Religious views on capital punishment from Buddhism, Christianity, Hinduism, Islam, and Judaism
- Methods of execution that have been used historically and in modern times
- Crimes and offenders that are punishable by death penalty in India
- Exclusions from the death penalty like juveniles, pregnant women, mentally ill
- Last executions carried out in India and clemency process in the Indian Constitution
The execution of the innocent believed guilty is a miscarriage of justice that must be opposed whenever detected.
But such miscarriage of justice cannot warrant abolition at the death penalty. The advantages outweigh the disadvantages, human activities including the penal system with all its punishments are morally justified. It is necessary to protect the rights of a group of people, death penalty is vital to protect a person’s right to live. If not so, then is the arresting someone same as kidnapping someone?
By this presentation, people may get an idea as to what is the position of capital punishment in the world. what are the measures to abolish it or do we really need to abolish it? Happy learning.
ISLAMIC CRIMINAL JUSTICE SYSTEM
Islamic law refers to the diverse legal systems that have been and continue to be produced with the objective of being in accord with the Islamic faith. It is also known as sharia law, the word sharia means the clear, well-trodden path to water in Arabic.
According to the Islamic law there are certain exceptions for criminal liability which are as follows :
An insane person till he becomes sane.
A child till he grows to the age of
puberty.
An intoxicated person.
Other conditions (coercion, necessity, mistake , performance of right or duty, or self defense)
The Quran directly provides for certain punishments such as murder and bodily injured (qisas) theft, fornication, robbery and defamation (Hudud). It also provide for the prohibition of drinking alcohol.
Death penalty is the legal obligation of a sentence of death upon a convicted offender. It is another term for capital punishment. it done by means of the electric chair, the gas chamber, lethal injections, the garrotte and hanging are a few of them that are being used worldwide. It carries a dangerous risk of punishing the innocent. This kind of punishment is considered as unethical, barbaric and ineffective deterrent of crime compered to life in prison without bail. The state with death penalty are experiencing higher rate of murders than non-death penalty states (Death Penalty Information Center, 2014). Due to the number of horrific child abuse and murder cases in Namibia some people thought for a introducing the death penalty while other think as not needed. It results on different points of view.
The execution of the innocent believed guilty is a miscarriage of justice that must be opposed whenever detected.
But such miscarriage of justice cannot warrant abolition at the death penalty. The advantages outweigh the disadvantages, human activities including the penal system with all its punishments are morally justified. It is necessary to protect the rights of a group of people, death penalty is vital to protect a person’s right to live. If not so, then is the arresting someone same as kidnapping someone?
By this presentation, people may get an idea as to what is the position of capital punishment in the world. what are the measures to abolish it or do we really need to abolish it? Happy learning.
ISLAMIC CRIMINAL JUSTICE SYSTEM
Islamic law refers to the diverse legal systems that have been and continue to be produced with the objective of being in accord with the Islamic faith. It is also known as sharia law, the word sharia means the clear, well-trodden path to water in Arabic.
According to the Islamic law there are certain exceptions for criminal liability which are as follows :
An insane person till he becomes sane.
A child till he grows to the age of
puberty.
An intoxicated person.
Other conditions (coercion, necessity, mistake , performance of right or duty, or self defense)
The Quran directly provides for certain punishments such as murder and bodily injured (qisas) theft, fornication, robbery and defamation (Hudud). It also provide for the prohibition of drinking alcohol.
Death penalty is the legal obligation of a sentence of death upon a convicted offender. It is another term for capital punishment. it done by means of the electric chair, the gas chamber, lethal injections, the garrotte and hanging are a few of them that are being used worldwide. It carries a dangerous risk of punishing the innocent. This kind of punishment is considered as unethical, barbaric and ineffective deterrent of crime compered to life in prison without bail. The state with death penalty are experiencing higher rate of murders than non-death penalty states (Death Penalty Information Center, 2014). Due to the number of horrific child abuse and murder cases in Namibia some people thought for a introducing the death penalty while other think as not needed. It results on different points of view.
Khadija Jones - Death Penalty Thesis PresentationChavez Schools
Khadija Jones is a senior graduating from Chavez Capitol Hill High School with a 3.1 G.P.A. She was awarded the “Outstanding Achievement” award from Legal Services Corporation and won the 3rd Place Speaker award in the Urban Debate League. Her volunteer and work experience include, New Orleans and Back, The Spirit of Black D.C. and a fellowship at the U.S. House of Representatives with Rep. Jared Polis. Miss Jones is interested in pursuing an undergraduate degree in history and a master’s degree in education. Khadija will be attending Coppin State College in the fall.
Creación de la red de Megaproética (valores, transparencia y ética) para así intercambiar ideas, opiniones, estudios, conceptos y proyectos actuales para analizar y completar el Estado del Arte del Proyecto de Tesis
Chapter 2 I. History of Corrections Many students wonder.docxcravennichole326
Chapter 2
I. History of Corrections
Many students wonder why they need to know and understand
the “history” of anything before they delve into learning how
things are now. In the field of corrections, understanding the
“History” of corrections means understanding corrections “Now”
and in the “Future”. As in other fields, corrections is a cyclical
field of study, many ideas and issues from the past reemerge
as ideas and issues of the future. Please pay attention to the
evolution of corrections as it emerges in the next two lectures,
you will be amazed at the similarity of ideas, issues and
solutions to those of today.
A. Middle Ages to the American Revolution:
1. Legal Codes and Law – The earliest known (written)
legal codes appear to be the Sumerian Law of
Mesopotamia (3100 B.C.) and the Code of Hammurabi
(1759 B.C.). Both of these codes described criminal
offenses against the people and affixed penalties. The
Draconian Code not only defined crimes and penalties,
but also set up legal procedures for determining guilt
and affixing penalty. The Roman Law of the Twelve
Tables and the Emperor Justinian Code laid the
groundwork for early European law.
2. However, legal sanctions familiar to us today did not
appear in Europe until the Middle Ages. Before that
time, responses to crime were handled privately
between families. Lex talionis (an eye for an eye) and
wergild were common methods of avenging and/or
forgiving crimes between families. The concept of Lex
talionis allowed the family of the victim to seek revenge
against the family of the offender – it was otherwise
known as a “blood feud”, which in many cases went on
for generations after the initial offense. Wergild evolved
as a payment system between the families of the victim
and the offender in which the offender’s family pays a
monetary sum to the victim’s family as atonement for the
crimes of the clan.
3. As societies developed, the concepts of lex talionis and
wergild were rolled over into the emerging legal
systems: Secular Law and Benefit of Clergy. Secular
Law (otherwise known as English common law) was the
law of the common man, usually applied in some form
by the ruling class (landowner, king, conquering entity,
etc.). It encompassed little legal process and embraced
harsh punishments. The legal principal of the time was
that you were “guilty until you proved yourself innocent”.
Torture was used regularly to prompt confessions from
the “guilty”, and there was no legal process through
which you could prove your “innocence”. Benefit of
Clergy (otherwise known as Church law) emerged as a
separate legal system operated within the powers and
protection of the church. Benefit of Clergy
encompassed a legal procedure that allowed both sides
of a criminal case to be presented within the parameters
of the church. The punishments attached to a finding of
guilt were substantially less harsh than those embodied
i ...
Today we are living in societies in which every individual enjoys a great level of personal freedom and fundamental rights.
These precious conditions can only be preserved if people know the values which are the basis for our modern, free and democratic societies.
The presentation shows an overview of basic European values and explains in a historical context that our freedom was realized in 6 steps.
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warlike violence; XXth century bloddbath; dictatorships, massacrs and genocides; violence of an economic system; human sacrifices, crusades, slavery, torture, wars of religion, duel, conquests, racial segregation, etc.
Human rights, international tribunals, responsability to protect,
Psychiatry– it deals with study, diagnosis, treatment and prevention of mental illness.
Forensic psychiatry- application of knowledge of psychiatry
These are the person who are unable to cope with the ordinary social circumstance
Sexual assault related laws and examination of survivourDr. FAIZ AHMAD
Sexual offences
are criminal forms of human sexual behavior
A
sex offender is one who commits a sexual offence
CLASSIFICATION
Sexual offences may be classified as below
(I) Natural sexual offences
Offences involving natural penile
vaginal penetration
A)
Violent Done without consent e.g. rape
B)
Non violent done with consent e.g. incest , adultery
MEDICAL PRACTITIONER
means an individual who practices the art of
allopathic system of modern medicine .
REGISTERED
MEDICAL PRACTITIONER ( means Medical
Practitioner whose name appears i n the official register kept for the purpose
in accordance with the law of the land to which one belongs
Article 3 of Universal Declaration of Human Rights states “everyone has
the right to life, liberty and security of a person”
Article 21 of the Constitution of India guarantees no person shall be
deprived of his life or personal liberty except according to the procedure
established by law”
Thus right to life, liberty and security of a person are recognized as a
fundamental right by the Universal Declaration of Human Right (article
3 of 1948 and article 21 of the Indian Constitution
The transplantation of human organs and tissue act 1994(TOHOTA)Dr. FAIZ AHMAD
This Act was enacted for the
Regulation of removal , storage and transplantation of human organs
for therapeutic purposes only
F or the prevention of commercial dealings in human organs.
Justifiable abortion (therapeutic abortion)Dr. FAIZ AHMAD
It is also called as therapeutic abortion or legal abortion
In 1970 the World Medical Association WMA) adopted a resolution
on therapeutic abortion, known as Declaration of Oslo
It is performed either in accordance with the legal provisions under
the Medical Termination of Pregnancy (MTP Act 1971 (i e legal
abortion) or caused in good faith to save the life of the pregnant
woman
Sexual violence occurs throughout the world Available data suggest
that in some countries nearly one in four women may experience
sexual violence by an intimate partner and up to one third of
adolescent girls report their first sexual experience as being forced
Sexual violence has a profound impact on physical and mental health
As well as causing physical injury, it is associated with an increased
risk of a range of sexual and reproductive health problems, with both
immediate and long term consequences
Derived from GK word daktylose-finger ,graphein- to write
Method of identification based on unique epidermal ridge pattern on the tips of fingers.
Syn-Fingerprinting, Dermatoglyphics, Galton system of identification
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
2. CAPITAL PUNISHMENT
The term capital originates from the
latin capitalis, literally "regarding the
head" (referring to execution by
beheading).
capital punishment, death
penalty or execution is punishment by
death.
The sentence that someone be
punished in this manner is a death
sentence.
Crimes that can result in a death
penalty are known as capital
crimes or capital offences.
3. ANCIENT HISTORY
Eighteenth Century B.C. Code of King
Hammaurabi of Babylon, which codified
the death penalty for 25 different crimes.
Fourteenth Century B.C.'s Hittite Code;
Seventh Century B.C.'s Draconian Code
of Athens, which made death punishment
for all crimes;
Fifth Century B.C.'s Roman Law of the
Twelve Tablets. Death sentences were
carried out by means as crucifixion,
drowning, beating to death, burning alive,
and impalement.
4. MIDDLE AGES
In medieval and early modern
Europe, before the development
of modern prison systems, the
death penalty was also used as a
generalized form of punishment.
During the reign of Henry VIII
,of England as many as 72,000
people are estimated to have
been executed.
5. In England, the Buggery Act 1533
stipulated hanging as punishment for
"buggery". James Pratt and John
Smith were the last two Englishmen
executed for sodomy in 1835
The 12th century Jewish legal
scholar, Moses Maimonides wrote,
"It is better and more satisfactory to
acquit a thousand guilty persons
than to put a single innocent man to
death”
6. The Abbasid Caliphs
in Baghdad , such as Al-
Mu'tadid, were often cruel in
their punishments. For hudud
crimes such as zina
(consensual extramarital or
homosexual sex) and apostasy
(leaving Islam and converting
to another religion),
7. MODERN ERA
Fundamental to the concept of nation state is the idea
of citizenship.
This caused justice to be increasingly associated with
equality and universality,
which in Europe saw an emergence of the concept
of natural rights, emergence of standing police forces and
permanent penitential institutions.
8. By 1820 in Britain, there
were 160 crimes that
were punishable by death,
crimes such as:
shoplifting,
petty theft,
stealing cattle,
or cutting down trees in
public place.
The severity of the so-
called Bloody Code,
9. MOVEMENTS TOWARDS PAINLESS EXECUTION
Trends in most of the world have long been to move to less painful,
or more humane, executions.
France developed the guillotine in the final years of the 18th
century,
Britain banned drawing and quartering in the early 19th century.
Hanging by turning the victim off a ladder or by kicking a stool or a
bucket, which causes death by suffocation, was replaced by long
drop "hanging“ where the subject is dropped a longer distance to
dislocate the neck and sever the spinal cord.
10. Shah of Persia introduced throat-cutting and blowing from a gun as
quick and painless alternatives to more tormentous methods of
executions used at that time.
In the U.S., the electric chair and the gas chamber were introduced
as more humane alternatives to hanging, but have been almost
entirely superseded by lethal injection,
some countries still employ slow hanging methods, beheading by
sword and stoning.
11.
12. METHODS OF CAPITAL PUNISHMENT
o Crushing by elephant,
o Devouring by
animals,(lions
,alligators, crocodiles, pir
anha, and sharks.)
o Stings from scorpions and
bites by snakes, spiders,
etc.
Official chronicle of the reign of Akbar, the
third Mughal emperor
13. o Tearing apart by horses
(medieval Europeand Imp
erial China, with four
horses quartering).
o Trampling by horses ( Al-
Musta'sim, the
last Abbasi Caliph in Bag
hdad).
14. o Back breaking
(A Mongolian method of execution
that avoided the spilling of blood on
the ground ( the Mongolian leader
Jamukha was probably executed
this way in 1206).
o Blowing from a gun
(Tied to the mouth of a cannon,
which is then fired)
.
Suppression of the Indian Revolt by the
English
15. Blood Eagle
(Cutting the skin of the
victim by the spine,
breaking the ribs so they
resembled blood-stained
wings, and pulling the
lungs out through the
wounds in the victim's
back. Used by
the Vikings.
16. o Boiling to death
(This penalty was carried out
using a large cauldron filled with
water, oil, tar, tallow, or even
molten lead).
o Breaking wheel
(Also known as the Catherine
wheel, after a saint who was
allegedly sentenced to be
executed by this method)
The London Dungeon. Boiling in oil
17. o Buried alive,
(Traditional punishment
for Vestal virgins who
had broken their vows)
o Burning,
(famous as a method of
execution
for heretics and witches
in native america)
o Cooking, by Brazen Bull
Chinese civilians being buried alive
during the Nanking Massacre
18. o Crucifixion
(Roping or nailing to a wooden
cross or similar apparatus (such as
a tree) and allowing to perish)
o Decapitation,
Also known as beheading. One
of the most famous execution
methods is execution
by guillotine.(saudi arabia
,iran,ymen,qatar)
19. o Disembowelment, seppuku
(harakiri), which was
sometimes used as a form of
capital punishment.
o Drawing and
quartering(English method
of executing those found
guilty of high treason)
20.
21. Falling,
The victim is thrown off
a height or into a hollow
Flaying,
The skin is removed from
the body
Garrote
Used most commonly
in Spain and in former
Spanish colonies.
22. Gibbeting,
The act of gibbeting refers to the
use of a gallows-type structure
from which the victim was
usually placed within a cage
which is then hung in a public
location and the victim left to die
to deter other existing or
potential
criminals.(England,USA,canada)
23. Hanging: One of the most common
methods of execution, still in use in a
number of countries,
Immurement:The confinement of a
person by walling off any exits; since
they were usually kept alive through an
opening, this was more a form
of imprisonment for life than of capital
punishment (Elisabeth Báthory, who
lived for four more years after having
been immured)
Impalement: penetration of human
body by an object like stake,pole ,hook
either partial or complete.
24. Keelhauling ,
European method of punishment.
Scaphism,
An Ancient Persian method of
execution in which the condemned
was placed in between two boats,
force fed a mixture of honey and milk,
and left floating in a stagnant pond.
The victim would then suffer from
severe diarrhea, which would attract
insects that would burrow, nest, and
feed on victim.
25. Shooting
By cannon
By firing squad
By a single shot (neck
shot,on a kneeling prisoner,
as in China,maxico.)
Slow slicing: china,vietnam.
Smothering
(Asphyxia)Suffocation in
ash
Starvation /Dehydration
26. Stoning,
The condemned is
pummeled by stones
thrown by a group of
people with the totality of
the injuries suffered
leading to eventual death.
Arab,iran,iraq,afganistan,qt
ar,indonesia,pakistan’etc
27.
28.
29. RELIGIOUS VIEWS
Buddhism
There is disagreement among Buddhists as to whether or not Buddhism forbids the
death penalty.
The first of the Five Precepts (Pancha-sila) is to abstain from destruction of life.
Chapter 10 , Dhammapada states:
Everyone fears punishment; everyone fears death, just as you do. Therefore you do
not kill or cause to be killed.
Chapter 26, Dhammapada, states,
"Him I call a brahmin who has put aside weapons and renounced violence toward all
creatures. He neither kills nor helps others to kill."
Many stories in Buddhist scripture stress the superior power of the Buddha's
teaching to rehabilitate murderers and other criminals.
30. CHRISTIAN
Views on the death penalty in Christianity run a spectrum of opinions, from
complete condemnation of the punishment, seeing it as a form of
revenge and as contrary to Christ's message of forgiveness,
Jesus Christ in the Gospel of Luke and the Gospel of Matthew, message to
his followers that one should "Turn the other cheek" and his example in the
story Pericope Adulterae, in which Jesus intervenes in the stoning of an
adulteress, are generally accepted as his condemnation of
physical retaliation ).
Many Christians have believed that Jesus' doctrine of peace speaks only to
personal ethics and is distinct from civil government's duty to punish crime.
31. HINDUISM
A basis can be found in Hindu teachings both for permitting and forbidding
the death penalty.
Hinduism preaches ahimsa (or ahinsa, non-violence), but also teaches that
the soul cannot be killed and death is limited only to the physical body. The
soul is reborn into another body upon death (Moksha)
The religious, civil and criminal law of Hindus is the Dharmaśāstras and
the Arthasastra.
The Dharmasastras describe many crimes and their punishments and call
for the death penalty in several instances, including murder and righteous
warfare.
32. ISLAM
In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two
primary schools of Shi'a fiqh, certain types of crimes mandate capital
punishment.
crimes against Allah and require capital punishment in public.
Apostasy (leaving Islam to become an atheist or convert to another religion
such as Christianity)
Fasad (mischief in the land, or moral corruption against Allah, social
disturbance and creating disorder within the Muslim state)
Zina (consensual heterosexual or homosexual relations not allowed by Islam).
33. Qisas,where sharia permits capital punishment, for intentional
or unintentional murder.
In the case of death, sharia gives the murder victim's nearest
relative or Wali ()ولي a right to, if the court approves, take the
life of the killer.
In case of Qisas-related capital punishment, sharia offers the
victim's guardian the option of Diyya (monetary
compensation).
34. JUDAISM
The official teachings of Judaism approve the death penalty in principle
but the standard of proof required for application of death penalty is
extremely stringent.
In practice, it has been abolished.
The 12th-century Jewish scholar, Maimonides said:
"It is better and more satisfactory to acquit a thousand guilty persons
than to put a single innocent one to death
The state of Israel retains the death penalty only for Nazis convicted of
crimes against humanity.
35. CRIMES AND OFFENDERS PUNISHABLE BY DEATH
Aggravated Murder,
Murder is punishable by death under Article 302 of the
Penal Code, and in Bachan Singh v. State of Punjab,
India's Supreme Court held that the death penalty was
constitutional only when applied as an exceptional
penalty in ”the rarest of the rare” cases.
36. CAPITAL OFFENSES
120B of IPC: Being a party to a criminal conspiracy to
commit a capital offense.
121 of IPC: Waging, or attempting to wage war, or abetting
waging of war, against the Government of India.
132 of IPC: Abetting a mutiny in the armed forces (if a
mutiny occurs as a result), engaging in mutiny.
194 of IPC: Giving or fabricating false evidence with intent
to procure a conviction of a capital offense.
37. 302, 303 of IPC :Murder
305 of IPC: Abetting the suicide of a minor,
mentally ill person, or intoxicated person.
Part II Section 4 of Prevention of Sati Act: Aiding or
abetting an act of Sati.
364A of IPC: Kidnapping, in the course of which the
victim was held for ransom or other coercive
purposes
38. 31A of the Narcotic Drugs and Psychotropic Substances
ActDrug trafficking in cases of repeat offenses.
396 of IPC :Banditry with murder - in cases where a
group of five or more individuals commit banditry and
one of them commits murder in the course of that crime,
all members of the group are liable for the death penalty.
39. 376A of IPC and Criminal Law (Amendment) Act,
2013Rape if the perpetrator inflicts injuries that result in
the victim's death or incapacitation in a persistent
vegetative state, or is a repeat offender.
Bombay Prohibition (Gujarat Amendment) Bill,
2009In Gujarat only - Manufacture and sale of poisoned
alcohol which results in death.
40. CATEGORIES OF OFFENDERS EXCLUDED FROM THE DEATH
PENALTY
Individuals Below Age 18 At Time of Crime.
According to the Juvenile Justice (Care and
Protection of Children) Act 2000, individuals who
were under the age of 18 at the time of the crime
cannot be executed.
Between 2005 and May 2008, Iran, Pakistan, Saudi
Arabia, Sudan and Yemen were reported to have
executed child offenders, the most being from Iran.
41. Pregnant Women.
According to a 2009 amendment, a pregnant woman
sentenced to death must be granted clemency.
42. Intellectually Disabled.
According to the Indian Penal Code, individuals who
were mentally ill at the time of the crime and who did
not understand the nature of the act or know that the act
was wrong or against the law cannot be held criminally
liable.
This could be interpreted to exclude intellectually
disabled persons from the death penalty.
43. Mentally Ill.
According to the Indian Penal Code, individuals who were
mentally ill at the time of the crime and who did not understand
the nature of the act or know that the act was wrong or against
the law cannot be held criminally liable.
Under Bachan Singh v. State of Punjab, advanced age may be a
mitigating factor in sentencing, although it does not have the
same exclusionary effect as youth does.
44. YEAR OF LAST KNOWN EXECUTION
July 30, 2015(central
jail,nagpur) hanging of Yakub
Memon, convicted of financing
the 1993 Mumbai bombings.
February 9, 2013(Tihar
jail,delhi) hanging of
Muhammad Afzal, convicted of
plotting the 2001 attack on
India’s Parliament,
45. November 21, 2012(Yerwada
jail,pune) hanging of
Mohammad Ajmal Amir Qasab
,2008 Mumbai attack gunman,
Dhananjoy Chatterjee,
August14,(Alipore central
jail,kolkata) 2004 for the murder
and rape of a 14-year old girl.
This, in turn, was the country’s
first execution since 1995.
46.
47. CLEMENCY IN THE INDIAN CONSTITUTION
After the award of the death sentence by a sessions (trial) court,the
sentence must be confirmed by a High Court to make it final.
Once confirmed, the condemned convict has the option of appealing
to the Supreme Court.
If this is not possible or if the Supreme Court turns down the appeal
or refuses to hear the petition, the condemned person can submit a
‘mercy petition’ to the President of India and the Governor of the
State.
48. Power of the President
The present day constitutional clemency powers of the President and Governors originate from
the ”Government of India Act 1935 “.
Constitutional power
Article 72(1) of the Constitution of India states:
The President shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any
person convicted of any offence.
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any
law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
49. METHOD OF EXECUTION IN INDIA
The execution of death sentence in India is carried out
by hanging by the neck till death.
Hanging
The Code of Criminal Procedure (1898) called for the method
of execution to be hanging. The same method was adopted in
the Code of Criminal Procedure (1973). Section 354(5) of the
above procedure reads as "When any person is sentenced to
death, the sentence shall direct that the person be hanged by
the neck till the person is dead."
50. Shooting
The Army Act and Air Force Act also provide for the execution of
the death sentence.Section 34 of the Air Force Act, 1950 empowers
the court martial to impose the death sentence for the offences
mentioned in section 34(a) to (o) of The Air Force Act, 1950. Section
163 of the Act provides for the form of the sentence of death.
"In awarding a sentence of death, a court-martial direct that the
offender shall suffer death by being hanged by the neck until he be
dead or shall suffer death by being shot to death".
The Army Act, 1950, and the Navy Act, 1957 also provide for the
similar provisions as in The Air Force Act, 1950.
51. CONTROVERSY AND DEBATE
Death penalty opponents regard the death penalty as inhumane and criticize
it for its irreversibility and lacks of deterrent effect.
There are many organizations worldwide, such as Amnesty
International, American Civil Liberties Union (ACLU), that have abolition
of the death penalty as a fundamental purpose.
Advocates of the death penalty argue that it deters crime,is a good tool for
police and prosecutors to makes sure that convicted criminals do not offend
again.
Execution discriminates against minorities and the poor, and that it
encourages a "culture of violence" and violates human rights.
52. RETRIBUTION
Supporters argued that death penalty is morally justified when
applied in murder, multiple homicide, child murderers, cop
killers, torture murder and mass killing such as terrorism, massacre,
or genocide.
Some even argue that not applying death penalty in latter cases is
patently unjust.
This argument is defended by New York Law School's
Professor Robert Blecker,"who says that the punishment must be
painful in proportion to the crime.
53. HUMAN RIGHTS
Capital punishment is the worst violation of human
rights.
Human rights activists oppose the death penalty, calling
it "cruel, inhuman and degrading punishment".
Amnesty International considers it to be "the ultimate
irreversible denial of Human Rights”
54. WRONGFUL EXECUTION
Capital punishment was abolished in the United Kingdom in part because of the
case of Timothy Evans, an innocent man who was hanged in 1950.
capital punishment leads to miscarriage of justice through the wrongful
execution of innocent persons.
DNA evidence prevented the pending execution of more than 15death
row inmates in the US,
Amnesty International argues that in Singapore "the Misuse of Drugs
Act” contains a series of presumptions which shift the burden of proof from the
prosecution to the accused.
55. RACIAL, ETHNIC AND SOCIAL CLASS BIAS
Capital punishment is being used more often against
criminals from lower socioeconomic backgrounds, racial
and ethnic minorities ,than those criminals who come
from a privileged background; and that the background
of the victim also influences the outcome.
White Americans are more likely to support the death
penalty when told that it is mostly applied to African
Americans.
56. INTERNATIONAL VIEWS
The United Nations introduced a resolution during the
General Assembly's 62nd sessions in 2007 calling for a
universal ban and deals with human rights issues,
Again in 2008, in the UN General Assembly (Third
Committee) on 20 November. 105 countries voted in
favour, 48 voted against and 31 abstained.
57.
58. European Convention on Human Rights.
6th Protocol (abolition in time of peace)
13th Protocol (abolition in all circumstances)
The same is also stated under the Second Protocol in the American Convention
on Human Rights,
European Union and Council of Europe have made the abolition of the death
penalty (during time of peace) a requirement of membership.
Russia is a member of the Council of Europe, and the death penalty remains in
its law,
Russia has not executed anyone since 1996(abolitionist in
practice), Kazakhstan (abolitionist for ordinary crimes only)
60. ARGUMENTS IN FAVOUR OF ABOLITION OF CAPITAL
PUNISHMENT
Ambiguity and lack of uniformity in what constitutes the 'rarest of
the rare cases‘
Dhananjoy Chatterjee cse: security guard had raped and murdered an
18 year old girl,
Soni Thomas's case: rape and murder of an 11 year old girl by the co-
paying guest,
Mohd Chaman's case: life sentence for the murder and rape of a one
and half year old girl.
The murders were all equally brutal and shocking and arguably
fulfilled the 'rarest of the rare' criteria, but the court for reasons
recorded in the judgment did not deem fit to give capital
punishment.
61. CAPITAL PUNISHMENT IS CRUEL, DEGRADING AND
DISPROPORTIONATE
capital punishment is founded on vengeance and
retribution, and not on reformation of the criminals and
prevention of future crimes,which is the purpose of
punishment, i.e., the deterrence argument.
Recent crime figures from abolitionist countries fail to
show that abolition has harmful effects.
62. FALLIBILITY OF JUDGMENT IN CASE OF CAPITAL
PUNISHMENT
A judgment being given by human beings based on evidence
produced in courts, the possibility of human error cannot be ruled
out and the irreversibility of death penalty makes it dangerous.
The risk of executing the innocent will never be eliminated.
Justice P.N. Bhagwati,in Bachan Singh' case has made two astute
observations.
Firstly, that it is impossible to eliminate the chance of judicial error.
Secondly,death penalty strikes mostly against the poor and deprived
sections of society.
63. UNFAIR DISTRIBUTION OF PUNISHMENT: DEATH PENALTY DISCRIMINATES
BETWEEN THE
PRIVILEGED AND THE UNDERPRIVILEGED
Justice Bhagwati in Bachan Singh’s case pointed out that death penalty strikes most
against the poor and deprived sections of society.
Most of the convicted persons are poor and illiterate, who cannot afford a competent
lawyer.
The defence lawyers provided by the State are often incompetent or do not take
serious interest in the case.
Justice Chinnappa Reddy, experience that the burden of capital punishment is upon
the ignorant, the impoverished and the underprivileged.
In USA,those who kill white persons are more likely to be sentenced to death than
those who kill blacks, regardless of the race of the defendant.
64. DELAY IN EXECUTION
It is an undisputed fact that litigation in India is a very
time consuming affair.
Extensive delay in the execution of a sentence of death
does not serve any kind of purpose and is sufficient to
invoke Article 21and demand its substitution by the
sentence of life-imprisonment.
65. REFORMATIVE APPROACH
In Narotam Singh v. State of Punjab46 the Supreme
Court has taken the
following view:
“Reformative approach to 'punishment should be the
object of criminal law, in order to promote rehabilitation
without offending community conscience and to secure
social justice.”
66. MORAL GROUNDS
By allowing death penalty morally nothing is achieved
except more death,suffering and pain.
Secondly, why should a person be allowed to die a
quick,almost painless death if he murdered another
person violently?.
Death penalty legitimizes an irreversible act of violence
by the state.
67. ARGUMENTS AGAINST ABOLITION OF CAPITAL
PUNISHMENT
Delay in executions is no ground for abolition
A considerable time between imposition of the capital
punishment and the actual execution is unavoidable,
given the procedural safeguards required by the courts in
such cases.
68. APPROPRIATE PUNISHMENT IS IMPERATIVE FOR SECURITY
IN SOCIETY
In Mahesh v. State of M.P.,the Apex Court
expressing a fear observed:
“ to give the lesser punishment for the appellants
would be to render the justicing system of this
country. The common man will lose faith in courts.
In such a case, he understands and appreciates the
language of deterrence more than the reformative
jargon.”
69. CHANCES OF MISTAKE BY THE JUDICIARY ARE
NOT POSSIBLE
Apex Court has confined capital punishment to the rarest of
rare cases so few people, after long careful proceedings, are
awarded death penalty.
The sentence awarded by the Session Courts is subject to
automatic confirmation by the High Court of the concerned
state.
This eliminates even a single atom of judicial error, after such a
long purification process.
70. ARGUMENTS, BASED ON THE THEORIES OF PUNISHMENT
DETERRENCE
If one assumes that death penalty will not operate as
deterrence on some criminals then no other lesser
punishment can logically deter them too.
71. LEGAL ARGUMENTS AGAINST ABOLITIONISTS
a. Crimes under grave and sudden provocation: For crimes
committed in
the heat of the moment, death penalty is either not possible or is
not awarded.
b. Fundamental Right to Life: Article 21 of our Constitution
“No person shall be deprived of life or personal liberty except
according to procedure established by law”.
The implied meaning of Article 21 is that a person can be deprived of
his life or personal liberty according to procedure established by law.
72. THE STOCKHOLM DECLARATION, 1977
As per above declaration, death penalty not to be
awarded arbitrarily, it must be confined only to
extremely heinous crimes.
Article 20 and 21and Section 354 (3) of the
CrPC.59,declares the same.
74. MURDER V. CAPITAL PUNISHMENT
Murder and execution are morally equivalent because both of them kill
people.
Wrongful confinement of an innocent person by a civilian and
imprisonment of an offender by the state are morally equivalent,
because they both confine a person.
Murder' term is used for unlawful killings only and capital punishment
by the judiciary is not unlawful
Moreover every type of killing even by civilians is not murder.
Thus there is only a legal difference between killing people and capital
punishment.