See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/361025100

A Study of Capital Punishment in India

Article · June 2022

CITATIONS READS

0 15,784

2 authors, including:

Arun Verma
LCIT College of Commerce and Science
21 PUBLICATIONS 5 CITATIONS

SEE PROFILE

All content following this page was uploaded by Arun Verma on 02 June 2022.

The user has requested enhancement of the downloaded file.

Manaviki (January-June 2021) ISSN : 0975-7880 339

A Study of Capital Punishment in India

Sushil Kumar Singh
LL.M 2nd Semester(1Year Programme-2020-21)
School of Law Raffles University, Rajasthan Neemrana Rajasthan Pin
Code-301020

Arun Verma
(H.O.D) School of Law, Raffles University, Neemrana, Rajasthan
Rajasthan Neemrana Rajasthan Pin Code-301020

Abstract
India is a well developing country at the same time lots of
crime rates were increasing nowadays. There are lots of
legislation in India to stop and control crimes, even though the
crime rates are increasing because the punishments are not
sufficient for the crimes. The punishment should be severe to
reduce the crime rate. All punishments are based on the same
motive to give penalty for the wrongdoer.. There are different
kinds of punishment in India such as capital punishment, life
imprisonment, imprisonment etc. Capital punishment is known as
the most severe form of punishment.. This paper says about the
status of capital punishment all around the world and also
defines the concept of capital offence. It also explains about the
modes of capital punishment in India . This article explains two
major theories related to capital punishment, namely reformative
theory and preventive theory. In this research the researcher also
explained about rarest of rare cases. This article mentioned
about abolitionist and retentionist countries, also capital
punishment in ancient India. This article has a detailed view
about the capital punishment in India and also the methods of
execution in India.
Keywords: capital punishment, death penalty, legislation, capital
offence, crimes.

1.1 Introduction
All punishments are based on the same proposition i.e.
there must be a penalty for wrongdoing. There are two main
reasons for inflicting the punishment. One is the belief that it is
both right and just that a person who has done wrong should
340
suffer for it; the other is the belief that inflicting punishment on
wrongdoers discourages other from doing wrong. The capital
punishment also rests on the same proposition as other
punishments.
The capital punishment debate is the most generally
relevant debate, keeping in mind the situation that has been
brought about by today. Capital punishment is an integral part of
the Indian criminal justice system. Increasing strength of the
human rights movement in India, the existence of capital
punishment is questioned as immoral. However this is an odd
argument as keeping one person alive at the cost of the lives of
numerous members or potential victims in the society is
unbelievable and in fact, that is morally wrong.
Capital punishment, also called death penalty, execution
of an offender sentenced to death after conviction by a court of
law for a criminal offense. Capital punishment should be
distinguished from extrajudicial executions carried out without
due process of law. The term death penalty is sometimes used
interchangeably with capital punishment, though imposition of
the penalty is not always followed by execution (even when it is
upheld on appeal), because of the possibility of commutation to
life imprisonment.
Capital punishment is an ancient sanction. There is
practically no country in the world where the death penalty has
never existed. History of human civilization reveals that during
no period of time capital punishment has been discarded as a
mode of punishment5. Capital punishment for murder, treason,
arson, and rape was widely employed in ancient Greece under the
laws of Draco (fl. 7th century BCE), though Plato argued that it
should be used only for the incorrigible. The Romans also used it
for a wide range of offenses, though citizens were exempted for a
short time during the republic.
India is a country which consist of large number of crimes
and criminals. In India all punishments are based on the motive to
give penalty for the wrongdoer. There are two main reasons for
imposing the punishment, one is the wrongdoer should suffer and
other one is imposing punishment on wrongdoers discourages
other from doing wrong. There are different kinds of punishment
in India based on their offence such as capital punishment1 ,
imprisonment, life imprisonment, imprisonment with fine, etc.,.
Manaviki (January-June 2021) ISSN : 0975-7880 341
In this research the researcher focused on capital punishment or
death penalty. Capital Punishment is one of the important part of
Indian criminal justice system. Crimes result in death penalty are
known as capital crimes or capital offences. The term capital
punishment is derived from the Latin word “capitals” means
“regarding the head”. The term death penalty is also known as
capital punishment. Capital Punishment is a process by a person
is put to death by a state for their criminal offence. Capital
punishment or death penalty means the offender sentenced to
death by the court of law for a criminal offence. Capital
punishment which has been awarded for the most grievous
crimes against humanity .Death penalty differs from place to
place, state to state and country to country. There are many
human rights movements in India which says capital punishment
is immoral. The human rights organisations are argued that
capital punishment affect one person's right. In jurisprudence,
criminology and penalty, capital punishment means a sentence of
death. Indian criminal jurisprudence is based on the combination
of two theories. The constitution also gave powers to president
and governor to suspend or pardon death sentence. In India
capital punishment is awarded for the most serious and grievous
offences. Capital punishment is given for murder, robbery with
murder, waging war against the government and abetting
mutiny,etc.,. The death sentence is given only when the court
comes to an end that life imprisonment is insufficient, based on
situation of the case.
Meaning of Capital Punishment
The expression "Capital Punishment" stands for most
extreme type of punishment. It is the punishment which is to be
granted for the most egregious, intolerable and terrible violations
against humankind. While the definition and degree of such
wrongdoings fluctuate from nation to nation, state to state, age to
age, the ramifications of capital punishment has dependably been
the death sentence. By regular utilization in jurisprudence,
criminology and penology, capital sentence implies a sentence of
death.3aim of the study will To investigate the methods for
securing the state through capital punishments.
Historical Background of Capital Punishment
In all parts of the world death punishment was in presence
from the most old circumstances. In crude states of society death
342
by savagery was a normal wonders. Ancestral or bunch fighting
were often the very states of presence. In such a state life was
extremely shabby/individual retribution overwhelmed the topic of
punishment. Death and outcast were two primary gadgets to
dispense with risky components from the gathering. Subsequently
death sentence in those days was the snappiest method of requital
and in addition prevention. Death punishment is the strictest
punishment. Culpability, when in doubt, all things considered,
relies upon the level of culpability of criminal act and the peril
postured by it to the general public and additionally the
debasement of the offender. The danger of punishment is the cost
of wrongdoing which the offender anticipates. At the point when
this cost (sufferings) is sufficiently high, in respect to the
advantage which the wrongdoing is relied upon to yield, it will
stop an impressive number of people. This is additionally valid in
regard of violations culpable with death. This reality is likewise
without a doubt conceded that death punishment is advocated just
in outrageous cases in which a high level of culpability is
included making grave peril society.
In crude society the sentiments of countering used to be
high and to pay in a similar coin by the friends and relatives of
the casualty was viewed as a fair demonstration and the regard
forever was not upto the stamp and the general public was not
formed into an assortment of dependable natives, but rather as far
back as the social orders have gone under the association of State
and the State has accepted the part of the gatekeeper of
individuals, it needs to answer and fulfill the injured sentiments
of the relatives of the casualty or killed by rebuffing suitably the
killer who had no respect for the life of the casualty. Further, the
State needs to and can guarantee security to individuals just by
rebuffing the liable properly.
Capital punishment is an antiquated endorse. There is for
all intents and purposes no nation in the world where the death
punishment has never existed. History of human progress
uncovers that amid no timeframe capital punishment has been
disposed of as a method of punishment. Capital punishment for
kill, treachery, pyromania, and assault was generally utilized in
antiquated Greece under the laws of Draco (fl. seventh century
BCE), however Plato contended that it ought to be utilized just
for the hopeless. The Romans additionally utilized it for an
Manaviki (January-June 2021) ISSN : 0975-7880 343
extensive variety of offenses, however subjects were exempted
for a brief timeframe amid the republic. This discovers bolster in
the perception made by Sir Henry Marine who expressed that
"Roman Republic did not abrogate death sentence however its
non-utilize was essentially coordinated by the act of punishment
or banish and the method of inquiries.
As per the bill capital punishment has been made
legitimate for cases which are considered to be "to a great degree
physical and rationally harming". It likewise expresses that
"rehash attackers" will be hanged to death. For all of who don't
have the foggiest idea, rehash attackers are individuals who carry
out a sexual wrongdoing once more, either in the wake of
finishing their term in prison or amid a time of parole. For this, it
is fundamental to incorporate the regulatory changes that can go
about as impermanent arrangements. Having a gun inside the
transport alongside a prepared, authorized shooter, was
additionally a suggestion. This was proposed so that if any person
endeavored to enter the transport stopped from yielding to
common sense, and began to get into mischief out of hand, there
would be a safety effort. The last expansion is easy to refute,
however it's a begin at something.
Case Laws on Capital Punishment
EDIGA ANAMMA VS STATE OF ANDHRA PRADESH -It
was set down on his that separated from investigating the points
of interest the of wrongdoing and choosing in light of the degree
of brutality carried out the judge ought to likewise investigate the
criminal and his condition or haplessness while carrying out the
wrongdoing.
BACHAN SINGH VS STATE OF PUNJAB-For this situation
it has been held that it again raised the subject of legitimacy of
the capital punishment. This was the situation that brought forth
the rarest of uncommon cases and the precept still stays a
standout amongst the most critical case.
MACHHI SINGH VS STATE OF PUNJAB-Keeping in mind
the end goal to the further illustrate the rarest of uncommon cases
that the circumstances where the uses of the death sentence could
be legitimized.
STATE OF MAHARASHTRA VS SHUKHDEO SINGH-The
judges granted the death sentences to the people blamed for the
murder for general vaidya.
344
1.2 Objective of the Study
 To study about the capital punishment in India.
 To study about the criminological approach of capital
punishment
 To discover that how state have ideal to take life of a
criminal
 To investigate the points of giving this capital punishment
1.3 Hypothesis of the Study
H0:- The Capital Punishment does not decrease the
wrongdoing rate In India.
Ha:- The Capital Punishment reduces the wrongdoing rate In
India
1.4 Review of Literature
The ongoing proof proposes that the capital punishments
may have a noteworthy deterrent impact counteracting the same
number of at least eighteen killings for every execution and the
capital punishment may process or neglect to treat the statistical
lives with the reality that they merit. The Moral complaints to
death punishment much of the time rely on the demonstrations
and exclusion.(Sunstein, Vermeule, and Aei- Brookings Joint
Center For 2010).To the extent India is worried to the
arrangements identifying with IPC , CRPC of the capital
punishment. IPC is the substantiative Law, which will proposes
the offenses which are culpable with death sentence. The present
Chapter principally manages the substantiative and procedural
laws relating to capital punishments. It is Commute death into
life detainment as gave under Indian Constitution.(Kumari and
Kumari 2011) The scholarly open deliberation over the deterrent
impact of capital Punishment has heightened again with a
noteworthy approach result at stake.We contend that the thin
extent of their examination does not warrant this claim. We trust
that our investigation produces enthusiasm for suitable
approaches to do sensitivity examination of distributed work as
much as it adds to discuss about capital
Punishment.(Dezhbakhsh and Rubin 2012)
The historical backdrop of capital punishment in India
appears amid the midlevel period curse of death was usually
rehearsed for the end of lawbreakers. The dissfavoured of capital
punishment for offenses other than the heinous wrongdoing. The
capital punishment assumes a critical part in India and it is
Manaviki (January-June 2021) ISSN : 0975-7880 345
granted in Rarest of uncommon cases as it were.(Jawale and
Jawale 2013)The bodies of evidence against the Death Penalty,
authored by capital punishment. This article is Attempt to inspect
the eight objections to capital punishment. Capital Punishment is
perfect with The American laws and standard. (Sidhu 2014)This
Paper is the principal concentrate to set up the capital
punishment. Then the Capital Punishment by and large prevails
in the few states with numerous executions.(J. Shepherd 2014)
American capital punishments has changed especially finished
the previous four decades. Open have gradually yet now
collectively presumed that the cost of Capital
Punishments.(Steiker and Steiker 2010) The mandatory parts of
the present plan and the recorded involvement with mandatory
and a definitive punishment can be both reasonable and non-
arbitary.(Kirchmeier 1997)The civil argument over the
authenticity or legitimacy of death punishment and expanding
patterns towards its entire as outdated. The deterrent impact of
capital punishment is both hypothesis and hone and likewise
question of the paper.(Ehrlich 1973) I quickly talk about the
hypothetical forecasts of capital punishments. affect on
wrongdoing which give a succinct history of the death
punishment in the USA and survey both the Early and ongoing
emprical writing.(J. M. Shepherd, n.d.)It is accepted by that
forcing a capital punishment for the offence .It's being made a
capital offense since 1970's it finishes up forcing a death
punishment for the offense of Kidnapping won't take care of the
Problem.(Ofo 2010)This paper looks to Examine and to
reformulate the terms of our national capital punishments
discourse by moving toward death punishment Jurisprudence as
an issue of protected structure and frame. The capital
punishments in the USA as a noteworthy outcomes for the
political foundations for controlling the general population in our
established plans (Broughton 2014)
1.5 Scope of the Study
 Capital punishment in India should be replaced by
reformative theory.
 Prisoners should be educated such that they come to be a
normal human being who earns in a legal way than using
illegal means.
346
1.6 Conclusion
In India, capital punishment has been Practiced since
ancient times. Many countries abolished capital punishment11 .
When we look at our national crime statistics death penalty has
not proved to be deterrent for doing offence, the crimes rates are
increasing only. We have to reform our laws especially for death
penalty in india. Our laws should reform and the punishment
should be so rigours and it should be a example for people around
him, about his unlawful acts. There is a punishment worse than
death penalty. Make the offender continuous discussion about
capital Punishment and the rigorous life in prison is worse than
capital punishment. Each day and night the offender should feel
for his offence. The capital punishment is not effective to reduce
crimes in Society. Hence null hypothesis proved.
1.7 References
1. James A, Mccafferty. Capital punishment. Published by a
division of transaction publishers.2010.
2. N. Prabha Unnithan. Crime and justice in India. Published by
sage publications.2013.
3. Gopal Gandhi. Abolishing the Death Penalty: why India say
no to capital punishment. Published by Indira international
centre.2016.
4. Lill Scherdin. Capital Punishment: A Hazard to a sustainable
criminal justice system? 2016.
5. Reena Mary George. Prisoners voices from Death Row:
Indian Experiences. Published by Routledge.2016.
6. Roger Hood,Carolyn Hoyle.Death Penalty: worldwide
perspective. Published by oxford.2015.
7. Michael Kronenwetter. Capital Punishment: A Reference
Handbook.2001.
8. Fyodor Dostoyevsky. Crime and Punishment. Pearson
Publications.2008.
9. Carol .S. Stecker, Jordan M Steiker. Courting Death: The
Supreme Court and Capital Punishment.2016.
10. Robert M Bohm. Death Penalty Today. Published by CRC
Press. 2008. 1st edition.
11. Sir Fred Phillips.The Death Penalty and Human Rights.
Caribbean law publishing company. 2009.
12. Milan vaishnav.When crime pays : Money and Muscle in
Indian politics. Harper Collins Publications.2017.
 Manaviki (January-June 2021) ISSN : 0975-7880 347
13. P.K.Supreme Court on rarest of rare cases. Universal law
publishing.2011.
14. Dr. N.M. Ghatate. Death under the shadow of
Judiciary.published by oceans books private LTD.2016.
15. Udai Raj Rai.Fundamental rights and their Enforcement. PHI
learning private LTD.2011.
16. Evan J Mandery.A wild Justice : The Death and Resurrection
of Capital Punishment.published by W.W.Norton
Company.2013

View publication stats