Heated debates surround India’s death penalty use. This complex issue links to questions of justice, morality, and social values. When people discuss capital punishment, they explore its effects on justice, ethics, and society.
Legal Framework
The legal grounds for the death penalty in India stem from the Bharatiya Nyaya Sanhita (BNS) 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. The BNS prescribes offenses punishable with death, including:
- Murder (Section 103)
- Waging war against the Government of India (Section 147)
- Offenses related to terrorism (Section 113)
The BNSS details the procedural aspects of a sentence, particularly Section 393(3), which uses terms such as the death penalty cannot be decided except in the “rarest of rare” cases. This section requires judges to specify why the defendant deserves such a harsh punishment.
Landmark Judicial Rulings
The Supreme Court and High Courts have played a key role in shaping how India applies the death penalty through several important rulings:
- Bachan Singh vs. State of Punjab (1980): This crucial case set up the ‘rarest of rare’ rule. The Supreme Court held that capital punishment must be justified by compelling reasons.
- Machhi Singh vs. State of Punjab (1983): The Court outlined standards to assess the “rarest of rare” cases, including the nature of the offense, the motive, and the societal impact.
- Shatrughan Chauhan vs. Union of India (2014): This ruling addressed delays in carrying out death sentences and suggested such delays could justify commuting a death sentence to life imprisonment.
Law Commission Recommendations
The Law Commission of India’s 262nd report (2015) proposed to end the death penalty for all offenses except those related to terrorism. It highlighted the ineffectiveness of capital punishment as a deterrent and its misuse against marginalized groups.
Key Recommendations:
- End capital punishment for most offenses
- Retain it for terrorism-related cases
- Reform the courts to ensure fair trials and consistent sentencing
These suggestions have not yet been implemented, reflecting the complexity of the issue in India.
Annual Reports
According to the National Crime Records Bureau:
- 2022: 190 individuals received death sentences
- 2021: 148 individuals
- 2020: 94 individuals
This increase is influenced by public demand for harsher punishments for severe crimes.
Contributing Factors to Rising Death Row Population
- Increased sentencing at trial courts (notably during 2021–2022)
- Delays in appellate proceedings and judicial reviews
- Low disposal rates by appellate courts
Future Prospects
The future of the death penalty in India could take several directions:
- Ending Capital Punishment: Following Law Commission recommendations to abolish it for most crimes.
- Reforming and Regulating: Improving trial fairness and stricter application of the “rarest of rare” rule.
- Increased Use: Continuing or expanding the current trend due to public pressure.
Conclusion
The death penalty in India raises deep questions about justice, ethics, and human rights. As the country evaluates its values and legal frameworks, it must consider how capital punishment affects justice and public safety. The path forward depends on thoughtful debate and legislative action.
Written by: Kushal Pandey, Law Centre-1 (Univ. of Delhi), 3rd Year
