Capital Punishment by Saif Javed (LLM)ppt.pptx

This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.

1. KAZI NAZRUL UNIVERSITY,ASANSOL,W.B SAIF JAVED STUDENT OF LL.M, CRIMINAL LAW AND CRIMINOLOGY (2 nd SEMESTER) REGISTRATION NUMBER – 100223360003 OF 2022-23 COURSE CODE – LLMMJE201 CAPITAL PUNISHMENT IN INDIA : CONSTITUTIONALITY AND RAREST OF RARE PRINCIPLE.

2. INTRODUCTION CAPITAL PUNISHMENT IS AN INTEGRAL PART OF INDIAN CRIMINAL JUSTICE SYSTEM. THE CENTRAL GOVERNMENT HAS CONSISTENTLY MAINTAINED IT WOULD KEEP THE DEATH PENALTY IN THE STATUE BOOKS TO ACT AS A DETERRENT, AND FOR THOSE WHO ARE A THREAT TO SOCIETY, THE HON'BLE SUPREME COURT TOO HAS UPHELD THE CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT IN “RAREST OF RARE" CASES.

3. MEANING OF CAPITAL PUNISHMENT ⚫ CAPITAL PUNISHMENT MEANS, EXECUTION OF AN OFFENDER SENTENCED TO DEATH AFTER CONVICTION BY AT THE APEX COURT FOR THE CRIMINAL OFFENCES WHICH ARE MOST HEINOUS, GRIEVOUS AND DETESTABLE CRIMES AGAINST HUMANITY. IT IS AN INTEGRAL PART OF INDIAN CRIMINAL JUSTICE SYSTEM. ⚫ NOW THE QUESTION ARISES WHETHER THE KIND OF PUNISHMENT DISCUSSED ABOVE I.E CAPITAL PUNISHMENT, WHETHER THIS KIND OF PUNISHMENT IS MORAL OR NOTIE PEOPLE SHOULD BE AWARDED FOR CAPITAL PUNISHMENT IS STILL A QUESTION AS WE KNOW THAT A GOOD NUMBERS OF COUNTRIES HAD ALREADY ABOLISHED CAPITAL PUNISHMENT BUT INDIA IS STILL AMONG THOSE COUNTRIES WHERE IT IS STILL PREVAILING SO THE QUESTION ARISES WHETHER SUCH TYPE OF PUNISHMENT FOR A CRIME BE AWARDED FOR SUCH GRIEVOUS OFFENCES SUCH AS RAPE ETC. OR SHOULD BE ABOLISHED LIKE OTHER COUNTRIES DID

4. WHICH CATEGORY OF OFFENDERS ARE EXCLUDED FROM CAPITAL PUNISHMENT? MINOR PREGNANT INTELLECTUALLY DISABLED

5. LEGAL PROVISIONS (CONSTITUTIONAL LAW) ARTICLE 21 OF THE CONSTITUTION GUARANTEES THE RIGHT TO LIFE AND PERSONAL FREEDOM TO ALL, INCLUDING THE RIGHT TO LIVE WITHHUMAN DIGNITY. THE STATE MAY TAKE AWAY OR ABRIDGE EVEN THE RIGHT TO LIVE IN THE NAME OF LAW AND PUBLIC ORDER. BUT THIS PROCEDURE MUST BE "DUE PROCESS" AS HELD IN INDIA'S MANEKA GANDHI V. UNION. THE PROCEDURE THAT TAKES AWAY A HUMAN BEING'S SACROSANCT LIFE MUST BE JUST, FAIR AND REASONABLE. OUR CONSTITUTIONAL PRINCIPLE CAN BE STATED AS FOLLOWS ONLY IN RAREST OF RARE CASES, THE DEATH PENALTY SHOULD BE USED. ONLY ON SPECIAL GROUNDS, THE DEATH PENALTY CAN BE SENTENCED AND SHOULD BE TREATED AS EXCEPTIONAL.THE ACCUSED SHALL HAVE THE RIGHT TO HEAR. IN THE LIGHT OF INDIVIDUAL CIRCUMSTANCES, THE SENTENCE SHOULD BE INDIVIDUALIZED.

6. DEATH PENALTY CRIMES THE CRIMES AND OFFENCES WHICH ARE PUNISHABLE BY DEATH ARE - AGGRAVATED MURDER RAPE NOT RESULTING IN DEATH TERRORISM-RELATED OFFENCES NOT RESULTING IN DEATH OTHER OFFENCES RESULTING IN DEATH MILITARY OFFENCES NOT RESULTING IN DEATH

7. PUNISHMENT. THE DEATH PENALTY SHALL BE CONFIRMED BY THE HIGH COURT. UNDER ARTICLE 136 OF THE CONSTITUTION AND UNDER SECTION 379 OF THE CR.P.C., THERE IS A RIGHT TO APPEAL TO THE SUPREME COURT. THE ACCUSED MAY PRAY FOR FORGIVENESS, COMMUTATION, ETC. OF SENTENCE UNDER SECTIONS 433 AND 434 OF THE CR.P.C. AND TO THE PRESIDENT OR THE GOVERNORS UNDER ARTICLES 72 AND 161. ARTICLES 72 AND 161 CONTAIN, APART FROM THE JUDICIAL POWER, DISCRETIONARY POWER FOR THE PRESIDENT AND GOVERNOR TO INTERFERE WITH THE MERITS OF THE MATTER; HOWEVER, THE ESSENCE OF THE GOVERNOR'S POWER SHOULD NOT REST ON RACE, RELIGION, CASTE OR POLITICAL AFFILIATIONS, BUT ON A RULE OF LAW AND RATIONAL ISSUES. IN ACCORDANCE WITH ARTICLES 21 AND 22 OF THE CONSTITUTION, THE ACCUSED HAS THE RIGHT TO A PROMPT AND FAIR TRIAL. THE ACCUSED IS NOT ENTITLED TO BE TORTURED UNDER ARTICLE 19, 21 AND 22., THE ACCUSED HAS FREEDOM OF SPEECH AND EXPRESSION UNDER CUSTODY.THE ACCUSED IS ENTITLED TO BE PRESENTED BY DULY QUALIFIED AND APPOINTED LAWYERS.

8. CASE LAWS THE COURTS GENERALLY HAVE TO EVALUATE THE FACTS IN ORDER TO IDENTIFY WHETHER THE CASE PRESENTS SITUATION CALLING FOR DEATH PENALTY OR LIFE IMPRISONMENT. THE COURT MAY REDUCE PUNISHMENT FROM DEATH PENALTY TO LIFE IMPRISONMENT, IF CASE FALL IN RAREST OF RARE CASE THAN THE DEATH PENALTY MAY BE AWARDED BY COURT OF LAW IN INDIA SO CONCERNED. #1DHANANJAY CHATTERJEE VERSUS STATE OF WEST BENGAL [(1994) 2 SCC P.220)- #2 BACHAN SINGH VERSUS STATE OF PUNJAB [AIR 1980 SC 898)

9. RECENT RECOMMENDATION OF THE LAW COMMISSION OF INDIA SHYING AWAY FROM THE BLANKET BAN ON THE CAPITAL PUNISHMENT, THE LAW COMMISSION IS LIKELY TO RECOMMEND "GRADUAL" ABOLISH IN ALL THE CASES, EXCEPT FOR THOSE RELATED TO TERROR ONES. ACCORDING TO OUR ANCIENT LEGAL SYSTEM IT WAS MENTIONED THAT, CAPITAL PUNISHMENT SHOULD BE AVOIDED EVEN FOR THE GREATEST OFFENCES COMMITTED, UNLESS THE GUILTY WAS A TRAITOR WHO HAD INDULGED IN ANY ACTIVITY DANGEROUS TO THE SECURITY OF THE STATE THE LAW COMMISSION OF INDIA RECENTLY RECEIVED A REFERENCE FROM THE SUPREME COURT IN SANTOSH KUMAR BARIYAR VERSUS MAHARASHTRA [(2009) 6 SCC 498] AND SHANKAR KISANRAO KHADE VERSUS MAHARASHTRA (2013)5 SCC 546] CASES, TO STUDY THE ISSUE OF THE DEATH PENALTY IN INDIAN TO ALLOW FOR AN UP-TO-DATE AND INFORMED DISCUSSION AND DEBATE ON THE SUBJECT THAT REPORT RECOMMENDED THE RETENTION OF THE DEATH PENALTY IN INDIA

10. CONCLUSION THE DEATH PENALTY IS IMPOSSIBLE TO ADMINISTER FAIRLY OR RATIONALLY. THE SUPREME COURT HAS REPORTEDLY ADMITTED THAT IT HAS ARBITRARY IMPOSED THIS EXTREME PUNISHMENT. THE LAW COMMISSION OF INDIA IN ITS 262ND REPORT, RECOMMENDED THAT CAPITAL PUNISHMENT OR DEATH PENALTY BE ABOLISHED FOR ALL CRIMES EXCEPT TERRORISM RELATED OFFENCES AND WAGING WAR IT IS THE HOPE THAT INDIA TOO SOON JOINS THE ABOLISHMENT OF CAPITAL PUNISHMENT DRIVES BY NATIONS AND DOES AWAY WITH IT.