Criminal law presentation

2. Capital punishment or death penalty is a legal death sentence given to the
accused by the state for a crime or wrongdoing that has been committed by
them.
• carrying out this penalty is called execution.
• can be only ordered by state.
• this punishment is irreversible.
• Section 53 gives the meaning bifurcates into two categories

3. Through Article 21 of the constitution of India it has been ensured that every
citizen of the nation has fundamental right to life and liberty and many would
argue that capital punishment is violating of this fundamental right but the
Hon’ble Supreme Court has made it very clear that such a punishment would
be granted in the “rarest of the rare” cases and the reasons for sentencing a
person to such a punishment will have to be special.

4. 1.Section 120 of Indian Penal Code
2.Section 121 of Indian Penal Code
3.Section 132 of IPC
4.Sections 302 and 303 of IPC
5.Section 305 of IPC
6.Section 194 of IPC
7.Section 31A of narcotic drugs and
psychotropic substances act, 1985
8.Section 376AB of IPC, Section 42
of POSCO Act 2012 and Criminal
Law Amendment Act, 2013
9.Section 396 of IPC
Section 376 of IPC

5. The Constitutional validity of capital punishment for the offense like
murder under Section 302 of IPC was being challenged for the very
first time. It argues that the death penalty is Constitutionally invalid
as it violates right under Article 14, 19 and 21 of the Indian
Constitution.

7. The accused can ask for a mercy plea from the president of the
country or in case of a state is concerned the governor has the
pardoning power. President and governor have the power to
grant mercy under articles 72 and 161 of the constitution of
India. If the Hon’ble Supreme Court refuses or turns down the
mercy appeal of the offender regarding the capital punishment
the accused can submit a mercy petition with president of the
country or governor of the state.

8. SHOOTING
The army, navy and air force acts also
provides for execution of the death sentence
by the way of court martial.
HANGING
Execution by hanging was called for by the code of criminal
procedure, 1898 as a method of execution and the same was adopted
in Code of criminal procedure 1973 and it has been a long drop. So
far 8 people have been hanged in the current century
METHODS OF EXECUTING THE OFFENDER
OF CAPITAL CRIME

9. Capital punishment has had a long history and it still
is prevalent in our country since ages back. Capital
punishment not only has legal side but a moral side as
well. For capital punishment is a very big step that
needs critical examinations before being sentenced to,
to protect law. Capital punishment has not only been a
part of Indian system but all around the world. A
handful of countries still continue the practise of death
penalties.
Conclusion

10. P S A Pillai’s Criminal Law Book
References
indianlawportal.co.in/capital-punishment/
Death Penalty: An Overview Of Indian Cases -
Academike (lawctopus.com)
Punishment under IPC: All you need to know
about it - iPleaders