All about Capital Punishment with Case Laws

What is the Capital Punishment, it’s history. Argument give in favour or against it, Important Case laws on Capital Punishment. Everything will be covered in this article. If you want to watch our vedio on the same topic, it’s available on our youtube channel: Previous Notes.

Youtube Vedio Link: https://www.youtube.com/watch?v=AjN7uabx_zs&t=703s

What is Capital Punishment?

Capital punishment, also known as the death penalty, is the state-sanctioned execution of a person as a punishment for a crime. In many countries, capital punishment is reserved for the most serious offenses, such as murder, acts of terrorism, and certain types of treason.

“Death Penalty is a process where the life of a person is taken by the State after following the due process of law.”

Different Methods of Giving Capital Punishment (in the past and present)

Throughout history, various methods of capital punishment have been employed, reflecting cultural, technological, and legal changes. Here are some historical and contemporary methods of capital punishment:

Historical Methods:

Hanging: This method involves suspending the condemned person by the neck until they die. It has been widely used throughout history and is still employed in some places today.
Beheading: Beheading involves severing the head from the body. It was historically carried out using a variety of tools, such as swords, axes, or guillotines.
Stoning: This method involves throwing stones at the condemned person until they die. It has been used in various cultures for certain offenses.
Crucifixion: Common in ancient times, particularly in the Roman Empire, crucifixion involves affixing the condemned person to a cross or a similar structure, causing death through exhaustion or asphyxiation.
Burning at the Stake: In some cases, individuals were tied to a stake and burned alive. This method was historically associated with accusations of heresy or witchcraft.
Drawing and Quartering: This brutal method involved dragging the condemned person through the streets, hanging them until nearly dead, disemboweling, and then dividing the body into quarters.

Contemporary Methods:

Lethal Injection: This is the most common method in modern times. It involves administering a series of drugs to induce death, typically a combination of an anesthetic, a paralytic agent, and a drug to stop the heart.
Electrocution: In some places, the electric chair is still used, where a person is electrocuted by a high-voltage electric current.
Firing Squad: This involves a group of individuals simultaneously shooting the condemned person. Though less common, it is still used in some places.
Gas Chamber: The condemned person is placed in a sealed chamber, and lethal gas is released to cause death by poisoning. This method has become less common.
Hanging: While historically used, hanging is still employed in some places today, though it may be carried out with more modern equipment.

It’s important to note that the use of certain methods can be influenced by legal, cultural, and ethical considerations, and there is ongoing debate about the humane and ethical aspects of various capital punishment methods. Many countries have moved towards abolishing or restricting the death penalty, and international human rights organizations advocate for its abolition.

Lethal Injection:
- Used in the United States and several other countries.
Hanging:
- Practiced in countries such as Iran, Japan, and some others.
Beheading:
- Historically associated with Saudi Arabia.
Firing Squad:
- Employed in some countries like Belarus and parts of the United States.
Electric Chair:
- Used in some U.S. states, including Florida and South Carolina.
Gas Chamber:
- Previously used in the United States but has become less common.

Capital Offences in IPC

Section 121 – Waging, or attempting to wage war against the Government of India.
Section 132 – Abetting mutiny in the armed forces.
Section 194 – Giving or fabricating false evidence with intent to procure the conviction of a capital offense.
Section 302 – Murder.
Section 303 – Murder by a person previously convicted of murder
Section 376A- specifies the death penalty for rape that results in death or a permanent vegetative state of the victim.
Section 376E- repeat rape offenders may face the death penalty.
Section 396- provides for the death penalty in cases of dacoity with murder.

Arguments in Favour

Supporters of capital punishment argue for various reasons, often grounded in the principles of justice, deterrence, and retribution. Here are some common arguments put forth by those in favor of capital punishment:

Deterrence: Proponents argue that the death penalty serves as a deterrent, discouraging potential offenders from committing heinous crimes due to the severe consequences. The idea is that the fear of facing capital punishment may prevent individuals from engaging in violent acts.
Retribution and Justice: Supporters contend that capital punishment is a just response to heinous crimes, providing a proportional punishment for offenders who have taken the lives of others. Retribution is seen as a way to balance the scales of justice and offer a sense of closure to victims’ families.
Public Safety: Some argue that executing certain individuals ensures that they can never pose a threat to society again. Life imprisonment, they contend, may not be foolproof, as prisoners could escape or be released on parole.
Moral and Religious Grounds: Certain religious and moral beliefs endorse the death penalty as a just punishment for the most severe crimes. Some argue that it aligns with the concept of “an eye for an eye” or other moral and religious principles.
Closure for Victims’ Families: Advocates argue that the death penalty provides closure and a sense of justice for the families of victims. Knowing that the perpetrator will never harm anyone else may bring a measure of peace to those who have suffered loss.
Cost Considerations: Some argue that the death penalty, when carried out efficiently, can be more cost-effective than long-term incarceration. This perspective asserts that lengthy legal processes, appeals, and the costs associated with lifelong imprisonment contribute to the economic argument for capital punishment.

Arguments against Capital Punishment

Here are some common arguments against capital punishment:

Risk of Wrongful Convictions: One of the most significant concerns is the potential for the judicial system to make errors. The irreversible nature of the death penalty means that, if a mistake is made, innocent individuals may be wrongfully executed. The possibility of human error, flawed investigations, or biased legal proceedings poses a significant risk.
Violation of Human Rights: Critics argue that capital punishment violates the right to life, as recognized by international human rights standards. Many consider the death penalty to be a cruel, inhuman, or degrading punishment, and its use is seen as a violation of fundamental human rights.
Lack of Deterrence: Some studies suggest that the death penalty may not be more effective as a deterrent to crime than other forms of punishment, such as life imprisonment. Countries that have abolished the death penalty often do not experience an increase in crime rates, casting doubt on the effectiveness of capital punishment as a deterrent.
Disproportionate Impact on Vulnerable Groups: Critics argue that the death penalty is disproportionately applied to marginalized and economically disadvantaged individuals who may not have access to quality legal representation. Factors such as race, socioeconomic status, and geography can influence the likelihood of receiving the death penalty.
Inherent Cruelty of Execution Methods: The methods used for execution, such as lethal injection, electrocution, or hanging, can be considered cruel and inhumane. Botched executions, where the process goes awry, have raised concerns about the potential for unnecessary suffering.
Possibility of Reform and Rehabilitation: Opponents argue that society should focus on rehabilitation and the potential for offenders to reform rather than resorting to irreversible punishment. Life imprisonment without parole is seen as a way to protect society without taking the offender’s life.
Arbitrary and Capricious Application: Critics point out that the application of the death penalty can be arbitrary, influenced by factors such as race, geography, and the quality of legal representation. This arbitrary application undermines the principles of fairness and equal justice.
Global Trend Towards Abolition: Many countries and regions around the world have abolished the death penalty, suggesting a global trend towards recognizing its moral and ethical concerns. International organizations and human rights advocates actively work toward the abolition of capital punishment.