Donna_Award of Death Sentence in Heinous Crimes in India A Critical Study.docx

This preview shows page 1 - 2 out of 5 pages.

Award of Death Sentence in Heinous Crimes in India: A Critical Study Death sentence has been elucidated as lawful imposition of death as penalty for a criminal offence. It’s been described as extreme & irreversible form of punishment since it takes away life & any mistake while awarding the same cannot be reversed. Usually awarded in cases where the nature of offence is such that it can’t be abated without a death penalty. The offences for which death penalty is awarded are described as “heinous”; the term has not been accorded a definite explanation within IPC 1860, however the JJ Act, 2015 elucidates “heinous offences” as offences for which the minimum penalty under the IPC, or any other law in force is imprisonment for 7 years or more. 1 Another explanation for heinous crimes is that their nature is such that it gives a jolt to the society’s conscience, and creates a repugnance within the minds of people and are often referred to as “rarest of rare”. Death is the maximum penalty awarded under the Indian penal law. It is a process wherein the state exercises its power to take an individual’s life. The practice of death penalty has been prevalent within the country since its inception; the epics, Mahabharata & Ramayana contain references to death by amputation for offenders; ancient law giver Manu places emphasis on death penalty to prevent anarchy in the state. On the other hand, Mughal rule witnessed death penalty in its crudest form & British India witnessed death being bestowed in most instances of law violations. Post-independence era saw a transformation in the Indian judiciary in the process of assigning of death penalty. The IPC along with other relevant codes enshrines provisions in conformity with the Indian constitution pertaining to death penalty.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture