CAPITAL PUNISHMENT

METHODS OF CAPITAL PUNISHMENT

However, some of the most commonly used execution methods these days include:

Gas Chamber

The Electric chair

Lethal injections:

Shooting and Shooting Squad

Hanging

HISTORY OF CAPITAL PUNISHMENT IN INDIA

Between 1975 and 1991, about 40 people were executed. The number of people executed in India since independence in 1947 is a matter of dispute; official government statistics claim that only 52 people had been executed since independence.[20] At least 100 people in 2007, 40 in 2006, 77 in 2005, 23 in 2002, and 33 in 2001 were sentenced to death .On 27 April 1995, Auto Shankar was hanged in Salem, Tamil Nadu.

CONTITUTIONAL PROVISIONS

provision regarding the capital punishment is the Presidential power of pardon. This appears in Article 72 and states that “The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence….. (c) in all cases where the sentence is a sentence of death.” The objective of this article is to ensure that there be an authority beyond the Supreme Court to help the innocent if in case the Supreme Court, being a human institution has committed an error.

PROVISIONS IN THE IPCThe Indian Penal Code (IPC) provides for capital punishment for the following offences, or for criminal conspiracy to commit any of the following offences (Section 120-B):

1. Murder (s.302) and murder committed by a life convict (s. 303).(Though the latter was struck down by the Supreme Court, it still remains in the IPC)

2. Abetment of a suicide by a minor, insane person or intoxicated person (s.305)

3. Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person (s.195A)

4. Perjury resulting in the conviction and death of an innocent person (s.194)

5. Treason, for waging war against the Government of India (s.121)

6. Abetment of mutiny actually committed (s.132)

7. Attempted murder by a serving life convict (s.307(2))

8. Kidnapping for ransom (s.364A)

9. Dacoity [armed robbery or banditry] with murder (s.396)

casesBeing one of the most controversial provisions in the Indian Constitutions, there have been many controversial cases against death penalty throughout the entire course of time. Here, I shall analyse andmark cases in the history of the Supreme Court. They are the following:

The Jagmohan Singh case was important in the light that it challenged the constitutionality of the death penalty. However, this was rejected by the Supreme Court, saying "…in the face of these (Art. 21 & 72) indications of constitutional postulates it will be very difficult to hold that capital sentence was regarded per se unreasonable or not in the public interest". But fortunately, a new CrPC in the same year had changed the death penalty from being the norm to an exception.

COUNTRIES THAT HAVE ABOLISHED CAPITAL PUNISHMENT

More than two-thirds of the countries in the world have now abolished the death penalty in law or practice. The numbers are as follows: Abolitionist for all crimes: 97Abolitionist for ordinary crimes only: 8Abolitionist in practice: 35total abolitionist in law or practice: 140Retentionist: 58

There are list of countries which have abolished the death penalty since 1976.

Albania, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bhutan, Bosnia-Herzegovina, Bulgaria, Burundi, Cambodia, Canada, Cape Verde, Colombia, Cook Islands, Costa Rica, Cote D'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Estonia, Finland, France, Gabon, Georgia,

CONCLUSION

No matter what the method is, it is always cruel and unusual punishment to take a life. Is it a deterrent to others? There are currently 3500 murderers on Death Row. Since 1980, death sentences have increased to 250 per year. On the other hand, worldwide, only 58 countries still impose the death penalty. It is time to review our national attitude and find other methods of punishing those who kill.

Thank you