What is the Death Penalty?

What is the Death Penalty?

The Death Penalty, also known as capital punishment, represents the most severe form of punishment within the Indian judicial system. It involves the execution of an individual by the state as a penalty for certain grave offenses.

Legal Framework for Death Sentence

In India, the imposition of the death penalty is governed by specific provisions outlined in the Bharatiya Nyay Sanhita (BNS, 2023), the Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023), and other special laws.

The BNS (2023), which replaced the Indian Penal Code (IPC), mandates the death penalty for several heinous crimes. These include offenses such as rape causing death (Section 66), gang rape of minors (Section 70(2)), and serial rape (Section 71).

Section 33 of the BNS specifically provides for the punishment of death, alongside other forms like life imprisonment and general imprisonment. Beyond these, other specific offenses punishable by death include murder (Section 302), acts of terrorism under the Unlawful Activities (Prevention) Act (UAPA), and certain offenses related to drug trafficking under the Narcotic Drugs and Psychotropic Substances Act (NDPS).

Constitutional Stance on Death Penalty

The Constitution of India does not explicitly declare capital punishment as unconstitutional. Its legality is affirmed through judicial interpretation.

The Supreme Court, particularly in the landmark case of Bachan Singh vs. State of Punjab (1980), identified five categories of cases where capital punishment could be awarded. These categories often involve crimes of extreme brutality, depraved motives, and significant magnitude.

Key Supreme Court Rulings

The Supreme Court of India has delivered several pivotal judgments shaping the application of the death penalty:

• Jagmohan Singh v. State of UP (1973): The SC held that deprivation of life is constitutionally permissible under Article 21 if it is done according to the procedure established by law. Thus, a death sentence imposed after a fair trial, in accordance with legal procedures under the CrPC and Indian Evidence Act, is not unconstitutional under Article 21.
• Rajendra Prasad v. State of UP (1979): The SC opined that if a criminal's murderous actions persistently, planned, and perilously jeopardize social security, their enjoyment of fundamental rights, including life, may be justifiably annihilated.
• Bachan Singh v. State of Punjab (1980): This landmark case established the principle of awarding the death penalty only in the “rarest of rare” cases. This dictum signifies that capital punishment should be imposed only when the alternative sentence of life imprisonment is deemed inadequate due to the extreme nature and brutality of the crime.
• Machhi Singh v. State of Punjab (1983): The SC laid down specific considerations and guidelines for determining whether a particular case falls under the category of “rarest of rare”, providing a framework for lower courts.