Author: Nirbhaay Pratap singh Tanwar, Student at Manipal University, Jaipur
ABSTRACT
This paper explains death penalty law in India. Death penalty is also known as Capital punishment. Death penalty or capital punishment is the severe punishment that can be given to an individual under any law in the world. Currently there are 403 prisoners on death row in India. There are about 755 have been hanged in Independent India.
It also explains the present position of death penalty law in India .This paper also talks about the amendments of 1898, 1955, 1973 which were done in criminal procedure code in terms of death penalty law. In the year 1973 crpc was amended and it was decided that death penalty should be given in serious crimes. The paper also discusses has the power to allow leniency in case of death sentence in India .Crimes such as Murder, Rape, Anti-terrorism is punishable by death penalty.
This paper also talks about the validity of death sentence. It also talks about various cases in which it has been observed that death penalty violates many rights. Death penalty violates various rights. This paper also talks about the crimes which are punishable by death. The process of death penalty is also discussed in this research paper. This paper also discusses why death penalty should be given in very serious offences. In this research paper we will also discuss about the rights which are given to us which should not be violated .This paper also talks about why death penalty should not be given and about the rights which are given to us which can’t be violated.
This paper also talks about landmark cases. This paper also discuss how an offence is considered as serious offence where it is observed that the crime is so much severe and heinous that it is mandatory to give such a punishment to set an example in the society so that no one ever thinks of committing such a crime again in the future and the law order should be maintained. The court must also see whether all the situations and circumstances of the case are such that it becomes necessary to give punishment of death penalty. Death Penalty must be given in heinous offences. This paper also talks about the crimes which are not that much severe in my opinion and which do not need death penalty.
