INTRODUCTORY REMARKS
General
“Punishment itself was an evil, but a necessary evil”- Putting the offender to death to teach other minds a lesson.” -Bentham
Love for life is a basic feature of human behavior. It is the most valuable treasure for a human being and not only a human being, even an animal does not want to lose it. Everyone wishes to enjoy it up to the fullest extent. For a human being nothing can be dearer than life and death penalty is that form of punishment which snatches this dearest property.
Capital punishment means a sentence of death. It is the severest i.e. an extreme point of sentence. …show more content…
Cases involving premeditated cold blooded murder, rape and murders of minors during rioting, terrorist bombings etc. have not attracted the death penalty. But activists reveal a flaw, that due to the absence of sentencing guidelines in what constitutes "rarest of rare", in some less gruesome murders, the lower courts have awarded death sentences possibly due to poor defence presented by the lawyers of the economically backward.
Although there was widespread disappointment that the capital punishment was not announced in the heart-wrenching cases of Priyadarshini Mattoo and Pratibha Srikanthamurthy, how sure are we that the death penalty is the best punishment for the worst of our criminals? Recently some social activists and social reformers are demanding the imposition of capital punishment for corruption, graft, bribe, scam and money stash cases.
The death sentence of former law student Santosh Singh for the rape and murder of 23 years old Delhi law student Priyadarshini Mattoo was commuted to life imprisonment by the SC. In the case of the 22 years old newly married BPO employee from Bangalore, Pratibha Sri kanthamurthy, the cab driver who raped and murdered her, was sentenced to the life imprisonment till …show more content…
as on May 1, 1970 death penalty can be imposed for aggravated murder in35 states. Drawing upon the penal statutes of the States in U.S.A. framed after Furman v. Georgia, in general and clause 2(a), (b), (c) and (d) of the Indian Penal Code (Amendment Bill) passed in 1978 by Rajya Sabha, in particular. Dr. Chitle has suggested the aggravating circumstances, where, capital punishment can be awarded "(a) if the murder has been committed after previous planning and involves extreme brutality; or (b) if the murder involves exceptional depravity; or (c) if the murder is of member of any of the armed forces of the union or of a member of any police force or of any public servant and was committed while such member or public servant was on duty; or (ii) in consequence of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the Code of Criminal Procedure, 1973 or who had rendered assistance to a Magistrate or a
General
“Punishment itself was an evil, but a necessary evil”- Putting the offender to death to teach other minds a lesson.” -Bentham
Love for life is a basic feature of human behavior. It is the most valuable treasure for a human being and not only a human being, even an animal does not want to lose it. Everyone wishes to enjoy it up to the fullest extent. For a human being nothing can be dearer than life and death penalty is that form of punishment which snatches this dearest property.
Capital punishment means a sentence of death. It is the severest i.e. an extreme point of sentence. …show more content…
Cases involving premeditated cold blooded murder, rape and murders of minors during rioting, terrorist bombings etc. have not attracted the death penalty. But activists reveal a flaw, that due to the absence of sentencing guidelines in what constitutes "rarest of rare", in some less gruesome murders, the lower courts have awarded death sentences possibly due to poor defence presented by the lawyers of the economically backward.
Although there was widespread disappointment that the capital punishment was not announced in the heart-wrenching cases of Priyadarshini Mattoo and Pratibha Srikanthamurthy, how sure are we that the death penalty is the best punishment for the worst of our criminals? Recently some social activists and social reformers are demanding the imposition of capital punishment for corruption, graft, bribe, scam and money stash cases.
The death sentence of former law student Santosh Singh for the rape and murder of 23 years old Delhi law student Priyadarshini Mattoo was commuted to life imprisonment by the SC. In the case of the 22 years old newly married BPO employee from Bangalore, Pratibha Sri kanthamurthy, the cab driver who raped and murdered her, was sentenced to the life imprisonment till …show more content…
as on May 1, 1970 death penalty can be imposed for aggravated murder in35 states. Drawing upon the penal statutes of the States in U.S.A. framed after Furman v. Georgia, in general and clause 2(a), (b), (c) and (d) of the Indian Penal Code (Amendment Bill) passed in 1978 by Rajya Sabha, in particular. Dr. Chitle has suggested the aggravating circumstances, where, capital punishment can be awarded "(a) if the murder has been committed after previous planning and involves extreme brutality; or (b) if the murder involves exceptional depravity; or (c) if the murder is of member of any of the armed forces of the union or of a member of any police force or of any public servant and was committed while such member or public servant was on duty; or (ii) in consequence of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the Code of Criminal Procedure, 1973 or who had rendered assistance to a Magistrate or a