Capital Punishment Intorduction: Capital Punishment, Also Called Death Penalty, Execution of An Offender

CAPITAL PUNISHMENT
INTORDUCTION
in India, capital punishment is awarded for murder, gang robbery with

murder, abetting the suicide of a child or insane person, waging war against
the government, and abetting mutiny by a member of the armed forces. It is
also given under some anti-terror laws for those convicted for terrorist
activities. The death sentence is imposed only when the court comes to the
conclusion that life imprisonment is inadequate based on the facts and
circumstances of the case.
Capital punishment, also called death penalty, execution of an offender

sentenced to death after conviction by a court of law of a criminal offense.
Capital punishment should be distinguished from extrajudicial executions
carried out without due process of law. The term death penalty is sometimes
used interchangeably with capital punishment, though imposition of the
penalty is not always followed by execution (even when it is upheld on
appeal), because of the possibility of commutation to life imprisonment.
India is the land where people like BUDDHA and GANDHI are born, a country where MOTHER TERESA
lived. Its a place from where peace and non violence was spread to the world. In such a country the law
has provision for death penalty is unacceptable. We should follow Reformative justice not Retributive
justice. Law was made by the people to safe guard the people, but not to kill people in the name of
law.Law of nature and humanity prevails over everything. Only nature should take away life from this
earth, any other way is murder. We don't want a society or law which takes away the natural right of the
person to live.In a just society punishment should stimulate a change in person not to kill a person for
the crime. " EYE FOR AN EYE MAKES THE WHOLE WORLD BLIND" – GANDHI
We need to eradicate crime...Not d criminals. Criminals need counseling n therapy.

2.Capital punishment doesn't help removing the crime.
3.We are a civilised society. How civilised is it to kill a human.
4. Assuming that d accused does not deserve to enjoy human rights because he might have committed a
crime, is there any difference between them and us if we do the same?
5. What about faulty jurisdiction and politics? What if he is not guilty!?
6. Some might argue that death penalty creates a fear in the mind of people and stops them from
committing a crime...I don't see crime rates decreasing.. In fact they are increasing. Also that ...How do
we call it a society where fear is to be generated in order to maintain law and order.
Problems in implementation
Implementation of the death penalty has also been deeply problematic. As the
recent Death Penalty India Report by the National Law University, Delhi,
indicates, the structural flaws in our criminal procedure and criminal justice
system are most pronounced in death penalty cases. Due to biases in criminal
investigations, the marginalised — whether by religious and caste
denominations, or class — are disproportionately subject to the death penalty.
And delays in the criminal justice system disproportionately affect those who
suffer the tyranny of the uncertainty of their life. India also retains the death
penalty as an option for non-homicide offences where the instrumentality
argument is the most attenuated. Even so, the Supreme Court upheld it, as
recently as 2015, for kidnapping with ransom.
In 2015, the Law Commission called for abolition of the death penalty for
ordinary crimes, and activists continue to argue for abolishing it altogether.
Political will in India is still bound by populism. However, the
constitutionality of the death penalty will continue to be challenged and,
sooner or later, the Supreme Court will have to answer whether absence of
political will is sufficient ground to override the right to life.
Avi Singh is an advocate who is the Additional Standing Counsel for criminal
cases for the Government of the NCT of Delhi

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CAPITAL PUNISHMENT

in India, capital punishment is awarded for murder, gang robbery with

Capital punishment, also called death penalty, execution of an offender

We need to eradicate crime...Not d criminals. Criminals need counseling n therapy.

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