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Capital punishment in India is governed by IPC and CrPC. It is also subject to constitutional provisions, under Article 21, which guarantees the right to life and personal liberty.
The death penalty can be imposed for serious offenses such as murder, terrorism-related crimes, and certain cases of rape and gang rape.
Capital punishment is reserved for the "rarest of rare" cases, as established by the Supreme Court in ‘Bachan Singh vs State of Punjab’ (1980).
SC has emphasized that the death penalty should be imposed only when the crime is exceptionally grave and the circumstances are such that life imprisonment is deemed inadequate.
Before a death sentence is finalized, the trial court must consider all aspects of the case, including the accused’s past criminal record, and offer the chance for a fair trial.
The sentence is subject to appeal and review by higher courts, including the Supreme Court.
After a death sentence is confirmed by the SC, the convicted can file a mercy petition with the President of India or the Governor of the respective state, seeking clemency.
The mercy petition process provides an additional review before the execution.
The death penalty in India is typically carried out by hanging. This method is sanctioned under the provisions of the IPC and is implemented following legal safeguards.
The death penalty remains a controversial issue in India, with ongoing debates about its effectiveness, morality, and impact on crime deterrence.