Do you know when the Death Penalty is given in India?
india-news Aug 23 2024
Author: Ishwi Singh Image Credits:Freepik
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Capital punishment
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.
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Death sentence
The death penalty can be imposed for serious offenses such as murder, terrorism-related crimes, and certain cases of rape and gang rape.
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Rrarest of rare" cases
Capital punishment is reserved for the "rarest of rare" cases, as established by the Supreme Court in ‘Bachan Singh vs State of Punjab’ (1980).
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Nature of the crime
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.
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Death sentence
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.
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Death sentence
The sentence is subject to appeal and review by higher courts, including the Supreme Court.
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Mercy petition
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.
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Mercy petition
The mercy petition process provides an additional review before the execution.
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Death penalty
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.
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Death penalty
The death penalty remains a controversial issue in India, with ongoing debates about its effectiveness, morality, and impact on crime deterrence.