The word Capital Punishment also known as Death Penalty. This article gives into dept. of Capital Punishment in India, meaning history and Constitutional Validity of Capital Punishment in India and also UN on the abolition of Capital Punishment.
Capital Punishment
The death penalty is known as capital punishment is made of de capitation It means to cut the upper part of a body. It is connected with offence i.e. a crime punishable with it.
Position Ancient Law
capital punishment is perhaps as old as mankind itself it was regarded as the ultimate weapon to do away with the anti social elements disturbing peace and tranquility in the community. In England during the reign of Henry 8, many thieves and were vagrants were sent to gallows.. In India also the condition in respect of death penalty in those days was also same even during the reign of King Ashoka the sovereignty of punishment remains unchanged the great epic Mahabharata also contains some glaring example the conversion between king Dyumatrena and his son Prince Satyana reveals the rigid view of the king regarding capital punishment. According to Manu smriti cruel methods of punishment create terror in mind of people Plato on the other hand adopts a middle path and opinion that the criminal who act against society should be put to death in the larger interest of the society.
Should We Abolished It?
Many NGOs many Human Rights activist and many countries are trying to get the capital punishment abolished. They are giving following arguments.
- It is an ancient barbaricx form of punishment so it should have no place in present civilized society.
- There are many reasons for committing crimes such as olove, hate, lust revenge etc. So only the death penalty cannot solve the problem of increasing crimes.
- If any mistake is committed by the Judge, and the accused it put to death, the life cannot be given to the innocent person who has been put to death for no reason.
- The accused has no chance of repent, to make improvement in his character because he is put to death.
- Sometimes crimes are committed in hot fighting without pre meditation so the accused should not be awarded capital punishment, he should have chance of life.
- In the present society we are trying to rehabilitate criminals by teaching them arts of their own interest. They may earn money by doing jobs in jails, they may send money to their families, to the family of victims ext. so they also can do productivity.
Above mentioned arguments were given by persons who advocates for the abolishment of the death penalty.
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Should It be Abolished
The protagonists of retention of capital punishment argue that if a person takes the life of another human being. His life should also be taken away. In keeping this view, the feelings of vengeance of the relations of the victim are assuaged if the accused is put to eternal sleep.
The offenders of heinous crimes are put to death because there is no chance of improvement. The Habitual rapers, habitual dacoits, professional killers are a great danger to the society so they should be put to death. Victor Hugo said that “ Crime to be redeemed by remorse, not by the axe or the slip-knot. Blood is washed away be tears not by blood.” But it is also right that lenity proves to be producing terrible consequences. Death Penalty solve the problem of Probable blackmailing activities in case of dangerous terrorists. For example Indian Aeroplan was highlighted by the terrorists for the purpose of getting the dangerous terrorists released.
UNO and Death Penalty
The 6th UN Congress on the Prevention of Crime and the treatment of offenders held at Caracas in 1980. The issue relation to the death penalty was discussed at length. The representatives of both the sides presents their arguments how ever majority of representatives were in support of not abolishing the Capital Punishment.
Position in India
In India, The Indian Penal Code provides for the death penalty in the following sections 121, 132, 194, 302, 303, 305, 307, 396. In India imprisonment is a rule and death penalty is an exception. When the punishment for an offence is provided as death penalty and in alternative life imprisonment then Judge while granting the punishment mentioned the reason in the judgment and if so while giving death penalty special reasoning must be provided. Code of Criminal Procedure had layed down the special procedure for the announcement of Death Penalty. Sec 366 (1) CrPC provides that the court passing a sentence of death has to submit the proceedings to the High Court for the confirmation of death sentenced.
Bachan Singh vs State of Punjab 1980 Cr.L.J. (SC) :- The Supreme Court of India observe that Death Sentenced should be awarded in the rarest of rare case.
Article 72 and 161 of Constitution of India : Indian Constitution has made the provision for the pardon of the death sentence even after it was confirmed by the Supreme Court of India.
Thus in India the position is that death sentenced is awarded in the exceptional circumstances.
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Some Pragmatic Suggestion:
- The death penalty should not be abolished in India.
- The death penalty should be awarded in India in the rarest of the rare cases.
- Proper legal assistance should be provided to the accused who are awarded death penalty and unable to file appeal in High Court and Supreme Court of India.
- Special reasons should be mentioned in case of awarding death sentenced.
- If the rape is committed with the murder then the death penalty should be made mandatory.
Conclusion
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Anaxandrides has said, “ It is good to die before one has done anything deserving death. The death penalty is the end of the life. The Judges who are awarding such sentences are doing the acts of the God so they should be very careful.”
Q. What is an example capital punishment?
Ans: The word Capital Punishment also known as Death Penalty. This article gives into dept. of Capital Punishment in India, meaning history and Constitutional Validity of Capital Punishment in India and also UN on the abolition of Capital Punishment.
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