Death penalty, also referred to as capital punishment, has been a subject of extensive debate around the world. While some consider it an effective deterrent for serious crimes, others view it as inhumane. In the Indian judicial context, this punishment is awarded for extremely severe offenses including murder, rape, and treason. Attempts to reform the process relating to the death penalty have been under concern lately, with the Supreme Court (SC) of India agreeing to examine procedures in death penalty cases to ensure comprehensive sentencing information.
What is a Death Penalty?
Capital punishment or death penalty is the execution of an offender sentenced to death after a court conviction of a criminal offense. It is the highest penalty that can be imposed on an accused and is seen as the most suitable punishment for the worst crimes. However, the morality of the death penalty remains a contentious issue with many criminologists and socialists worldwide advocating for its abolition due to its perceived inhumane nature.
The Balance Between Life & Death Sentences in India
In May 1980, India’s Supreme Court upheld the constitutional validity of the death penalty in Bachan Singh’s case, affirming that life imprisonment should be the default punishment. The court then required judges to provide “special reasons” when imposing death sentences. Through this judgment, the Supreme Court instructed that judges must consider both aggravating and mitigating factors related to the crime and the accused, and only in circumstances where life imprisonment is “unquestionably foreclosed” should the death sentence be imposed. This framework, though referred to as the “rarest of rare,” wasn’t intended as exhaustive. The Law Commission of India and the Supreme Court itself have expressed concerns about the inconsistent application of this framework.
Sentencing Procedures in Capital Cases: The Role of Mitigation
A criminal trial comprises two stages — the guilt and sentencing stages. The sentencing phase, which determines the punishment, comes after the accused has been found guilty of the crime. Here, evidence (information) presented by the defense intended to provide reasons why the defendant should not receive a death sentence is referred to as mitigation or “mitigating factors.” Understanding mitigation requires professional input beyond lawyers, necessitating the role of a mitigation specialist as acknowledged by the American Bar Association’s 2003 Guidelines and SC judgments in Santa Singh (1976) and Mohd Mannan (2019).
The Evolution of Death Penalty Legislation in India
In India, the death penalty was initially the norm while life imprisonment was an exception. Prior to the Criminal Procedure (Amendment) Act (Cr PC) of 1955, courts had to justify awarding lighter punishments than death for capital offenses. The amendment, however, allowed courts to grant either life imprisonment or the death penalty, making the latter the exception. Despite a worldwide moratorium against the death penalty by the United Nations, India retains it considering that it deters brutal and deliberate murders. Proposals to scrap the death penalty have been rejected by the Law Commission in its 35th report in 1967.
Execution Statistics in India & Issues of Discretion
Since India’s independence in 1947, official records show that 720 executions have taken place, representing only a small fraction of sentences awarded by trial courts. In most cases, death sentences were commuted to life imprisonment with others being acquitted by higher courts. Foremost in reform efforts is ensuring fairness in subjecting individuals to death row. The broad judicial discretion given to courts for death sentences, which has led to uneven judgments in similar cases, has raised concerns about the state of the Indian Judiciary.
The Way Forward
In India, the issue of death penalties calls for a clearer roadmap. Unbiased application of the principles established by former cases like Bachan Singh or Machhi Singh can ensure that convicted individuals of similar offenses receive similar sentences, enhancing the fairness and credibility of the Indian judiciary. As debates around reforming or abolishing the death penalty continue, sovereign nations like India must work towards ensuring both procedural fairness and adherence to the law.
