Death Penalty in India: Legislative and Judicial Evolution

Death Penalty in India: Legislative and Judicial Evolution

A comprehensive look at the legislative and judicial journey of the death penalty in India—history, key amendments, landmark Supreme Court judgments, crimes punished with death, and present application.

Table of Contents

1 History and Legislative Evolution2 Judicial Evolution3 Present Context4 Crimes Punishable with Death Penalty5 Notable Cases6 Stages in Death Penalty Cases7 Clemency Powers8 Attempts to Abolish the Death Penalty

History and Legislative Evolution

  • Code of Criminal Procedure, 1898: Section 367(5) made death the default for murder; courts had to explain reasons for imposing life imprisonment instead.
  • Amendment in 1955: Removed Section 367(5), making life imprisonment a default and death the exception.

Judicial Evolution

  • Jagmohan v State of UP (1973): First constitutional challenge—Supreme Court upheld the death penalty as constitutional.
  • CrPC 1973: Required courts to record "special reasons" for imposing the death penalty.
  • Rajendra Prasad v State of UP (1979): Defined "special reasons" must focus on offender's circumstances.
  • Bachan Singh v State of Punjab (1982): Created the "rarest of rare" doctrine for awarding death penalty.
  • Shashi Nayar v Union of India (1992): Rejected challenge to death penalty, citing law/order needs.

Present Context

  • Application: Used in extremely rare cases (rarest of rare). ~2,500 death sentences since 2000.
  • International Perspective: 70% of countries have abolished the death penalty.

Crimes Punishable with Death Penalty

  • 59 sections in 18 central laws allow death as punishment; 12 in the IPC.
  • Non-Homicide: e.g. rape, waging war, terrorism—41 offenses.
  • Homicide: murder etc—13 offenses.

Notable Cases

  • Bangalore Church Blasts (2000): Section 121 IPC—eight death sentences for "waging war".
  • Shakti Mills Gang-Rape (2013): Section 376E IPC—death penalty for repeat rape offenders.

Stages in Death Penalty Cases

  1. Court of Sessions imposes sentence
  2. State High Court confirmation
  3. Supreme Court review
  4. Clemency request to Governor/President
  5. Writ petition after clemency rejection

Clemency Powers

  • Article 72: President
  • Article 161: Governors
  • Powers: Remission, commutation, pardon, reprieve, respite; multiple petitions allowed.

Attempts to Abolish the Death Penalty

  • Pre-Independence: 1931 bill rejected; Rajya Sabha attempts failed in 1958/1961.
  • Law Commission Reports: 1967/1971: assumed retention, with executive clemency powers.