Have you ever wondered what happens to criminals who commit the most horrific crimes? In India, capital punishment, also known as the death penalty, is the harshest punishment given by a court. But is this the right answer? Here you will get clarity on the world of capital punishment in India, exploring when it is used, why it is debited, and what questions it raises about justice.
Capital punishment, also known as the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It’s the most severe punishment a person can receive.
Here are some other things to know about the death penalty:
- A person who has been sentenced to death is said to be on death row.
- Crimes punishable by death are called capital crimes and vary by location.
- The death penalty is a controversial topic and there are strong arguments on both sides.
Capital Punishment Stats
- The Supreme Court of India can review death penalty cases.
- The death penalty is primarily for murder, terrorism, and drug trafficking.
2023
- 561 prisoners on death row at the end of 2023, the highest in nearly two decades
- 120 death sentences imposed by trial courts in 2023, the most since 2000
- No death sentences were confirmed by the Supreme Court in 2023, the lowest rate since 2000
- Only one death sentence was confirmed by a High Court (Karnataka) in 2023
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2022
- 165 death sentences imposed by Sessions Courts in 2022, the highest since 2000
- 541 prisoners on death row at the end of 2022
- 167 death sentences awarded in 2022
2021
- 490 prisoners on death row at the end of 2021
- 146 death sentences awarded in 2021
2018-2019
- 162 death sentences imposed by trial courts in 2018
- 102 death sentences imposed by trial courts in 2019
2000-2015
- Over 1700 prisoners were sentenced to death by trial courts, but only 4.5% of sentences were confirmed on appeal
- Nearly 30% of prisoners were acquitted of all charges on appeal
- Nearly 65% of death sentences commuted to life imprisonment on appeal
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History of Capital Punishment
Capital punishment, or the death penalty, has been used as a form of punishment since the beginning of civilization. At the time, there were no proper prisons, so hanging was often seen as the only way to ensure that someone would not commit another crime.
Early methods of execution were brutal and often involved torture. Think beheading, burning at the stake, and even crushing with a giant wheel.
Capital punishment was used in societies around the world, from ancient Babylon to the Roman Empire. In ancient Greece, the lawgiver Draco created a code that imposed the death penalty for many crimes. This code was so harsh that it gave us the word “draconian” to describe extremely harsh punishments.
Over time, ideas about justice evolved. Executions became less public and more focused on specific crimes, especially murder. However, capital punishment remained common throughout the Middle Ages and even in Colonial America.
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Capital Punishment Laws in India (2024)
The death penalty, or capital punishment, remains an important aspect of India’s legal system. This is a controversial issue, on which debates often arise regarding morality, justice, and human rights. Here is an overview of death penalty laws in India until 2024.
- Constitutional Basis: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. However, the Supreme Court has upheld capital punishment in certain grave cases.
- Legislation: The primary laws governing capital punishment include
- Indian Penal Code (IPC): Sections 121, 302, and 396 outline offenses punishable by death.
- Code of Criminal Procedure (CrPC): It details the procedures for trial and sentencing in capital cases.
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Capital punishment in the Bharatiya Nyaya Sanhita
| Section under BNS | Nature of Crime |
| 65(2) | Rape of a child below 12 years of age |
| 66 | Rape and injury causing death or leaving a woman in a Persistent Vegetative State |
| 70(2) | Gang rape of a child under 18 years of age |
| 71 | Repeat offenses in the context of rape |
| 103(1) | Murder |
| 103(2) | Lynching |
| 104 | Murder by a prisoner serving a life sentence |
| 107 | Abetment of suicide of a child or person of unsound mind |
| 109(2) | Attempted murder by a prisoner serving a life sentence |
| 111(2)(a) | Organized crime offenses causing death |
| 113(2)(a) | Terrorism resulting in the death of any person |
| 140(2) | Kidnapping or abducting in order to murder or for ransom |
| 147 | Treason against the Government of India |
| 160 | Abetment of mutiny, if mutiny is actually committed in consequence |
| 230(2) | Threatening any person to give false evidence resulting in the death of an innocent person |
| 232(2) | Threatening any person to give false evidence resulting in death of an innocent person |
| 310(3) | Felony murder while committing dacoity or banditry |
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Capital punishment in non-IPC offences
| Act | Section | Organized crime resulting in the death of a person |
| The Organized Crime Act, 2001 | 3 (1) | Offenses in relation to the enemy and punishable by death |
| Army Act, 1950 | 34 | Offenses in relation to the enemy and punishable by death |
| Army Act, 1950 | 37 | Mutiny |
| Army Act, 1950 | 38 (1) | Desertion |
| Assam Rifles Act, 2006 | 21 | Offenses in relation to the enemy and punishable with death |
| Assam Rifles Act, 2006 | 24 | Mutiny |
| Assam Rifles Act, 2006 | 25 (1) (a) | Desertion |
| Assam Rifles Act, 2006 | 55 | Civil offences |
| Bombay Prohibition (Gujarat Amendment) Act, 2009 | 65A (2) | Death caused by the consumption of Laththa |
| Border Security Force Act, 1968 | 14 | A person contravening with intent to wage war or assist external aggression |
| Border Security Force Act, 1968 | 17 | Mutiny |
| Border Security Force Act, 1968 | 18 (1) (a) | Desertion |
| Border Security Force Act, 1968 | 46 | Civil offences |
| Coast Guard Act, 1978 | 17 | Mutiny |
| Coast Guard Act, 1978 | 49 | Civil offences |
| The Commission of Sati (Prevention) Act, 1987 | 41 | Abetment of sati |
| The Defence of India Act, 1971 | 5 | Punishment for a special category of offences relating to explosive substances, likely to endanger life or cause serious harm |
| The Geneva Convention Act, 1960 | 3 | Grave breaches of Geneva Conventions |
| The Explosive Substances Act, 1908 | 3 (b) | Organized crime resulting in the death of a person |
| The Indo-Tibetan Border Police Force Act, 1992 | 16 | Offences in relation to enemy or terrorist |
| The Indo-Tibetan Border Police Force Act, 1992 | 19 | Mutiny |
| The Indo-Tibetan Border Police Force Act, 1992 | 20 (1) (a) | Desertion |
| The Indo-Tibetan Border Police Force Act, 1992 | 49 | Civil offences |
| The Karnataka Control of Organised Crime Act, 2000 | 3 (1) (i) | Organized crime resulting in the death of a person |
| The Maharashtra Control of Organised Crime Act, 1999 | 3 (1) (i) | Repeated commission of offenses involving commercial quantity of any narcotic drug or psychotropic substance |
| The Narcotics Drugs and Psychotropic Substances Act, 1985 | 31A (1) | Repeated commission of offences involving commercial quantity of any narcotic drug or psychotropic substance |
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List of capital offenses challenged in the court
| Act | Section and Offence Description | Judicial Challenges |
| Indian Penal Code | 302 – Murder | Bachan Singh v. State of Punjab (1980) |
| Indian Penal Code | 364 – Kidnapping for ransom | Vikram Singh & Anr v. Union of India (2020) |
| Indian Penal Code | 31A (1) – Repeated commission of offenses involving narcotics | Vijay Jadhav v. State of Maharashtra (2019) |
| The Narcotics Drugs and Psychotropic Substances Act, 1985 | 31A (1) – Repeated commission of offences involving narcotics | Indian Harm Reduction v. Union of India (2011) |
| Arms Act, 1959 | 27 (3) (Repealed) | State of Punjab v. Dalbir Singh (2012) |
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Categories of people exempted from capital punishment
| Categories | Categories |
| Juveniles | Section 21, Juvenile Justice Act (No minor in conflict with the law shall be sentenced to death) |
| People with mental illness or insanity | Shatrughan Chauhan v. Union of India (2014) (Para 79-87) |
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The Indian legal system allows for the death penalty in specific circumstances, including:
- Murder
- Terrorism-related offenses
- Rape and sexual assault
- Kidnapping for ransom
The process for imposing capital punishment involves several stages:
- Trial
- Appeal
- Mercy Petition
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As of 2024, the primary method of execution in India is hanging. The law mandates that executions must occur in a manner that respects human dignity.
- Public Sentiment: There is a mixed public opinion on capital punishment. Some support it as a deterrent to crime, while others advocate for its abolition.
- Judicial Scrutiny: The Supreme Court closely examines death penalty cases, reserving it for the most exceptional circumstances (“rarest of rare”).
In recent years, there have been discussions around:
- Reform Proposals: Suggestions to review and potentially abolish the death penalty.
- International Pressure: Human rights organizations advocate for its abolition, citing ethical concerns.
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Arguments For Capital Punishment
- For the most heinous crimes, capital punishment provides the appropriate result. It upholds the principle of “an eye for an eye” and provides a sense of closeness to the families of the victims.
- The death penalty can deter potential criminals, especially those contemplating violent crimes. The fear of execution may act as a powerful deterrent, preventing future tragedies.
- Incapacitating dangerous criminals permanently removes them from society, eliminating the risk of them re-offending and putting the lives of innocent people at risk.
- For some families of victims, the death penalty can provide a sense of finality and closure. Knowing that the offender has faced final punishment can be an important step in the grieving process.
- While capital punishment cases are lengthy, some argue that over a lifetime, housing and securing dangerous criminals can be more expensive than carrying out a sentence.
- The death penalty eliminates the possibility of appeals dragging on for decades, offering a sense of final judgment for both victims’ families and society as a whole.
- Capital punishment reflects a society’s condemnation of certain crimes. It reinforces the seriousness of these acts and upholds the sanctity of human life.
- For some, the death penalty represents the only true form of accountability for those who have taken innocent lives.
- Supporters often advocate for capital punishment only in specific circumstances, such as for premeditated murder or multiple killings.
- In some cases, families of victims may express a strong desire for capital punishment. Respecting their wishes can be an important consideration.
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Arguments Against Capital Punishment
Capital punishment is a highly controversial issue. Here are ten strong arguments against it:
- The justice system makes irreversible decisions by taking lives, even though it’s not perfect and misconceptions cloud the process.
- The death penalty inflicts cruel and unusual punishment, regardless of the crime.
- There is no clear evidence that the death penalty deters crime more effectively than life imprisonment.
- Studies show that minorities and people from low socio-economic backgrounds are more likely to receive the death penalty.
- Death penalty cases are long and expensive, costing taxpayers more than life imprisonment
- The death penalty does not always bring closure to victims’ families. The emotional shock can be immense.
- The death penalty prioritizes revenge over rehabilitation. It does not give any chance to the convict to become a productive member of the society.
- Life imprisonment without parole can ensure public safety while upholding the right to life.
- Many religions and individuals have moral objections to taking someone’s life as punishment.
- A growing number of countries around the world are abolishing the death penalty, reflecting a shift in global values.
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Wrap-Up: Capital Punishment
The death penalty in India remains a complex issue with strong arguments on both sides. The law allows the death penalty in specific situations, but courts reserve it for the “rarest of the rare” cases. While some believe it is an appropriate punishment for heinous crimes, others raise concerns about fairness, cost, and morality. India faces ongoing discussions about reform and possible abolition, reflecting evolving views on the death penalty around the world.
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