Death Penalty is almost unimplementable in India   

This is one of the most controversial & debated topic in criminal Justice now a days. Developed countries abandoned the death penalty because of the logic that “As State doesn’t give birth of a person , so State doesn’t have the right to take life” or “ Death penalty is a regressive idea in modern society” etc. India still has its death penalty as a punishment for offender.

What is death penalty ?

Hanging a person from a rope to take his/her life for the grave offence he/she has committed.

When death penalty is given ?

In Indian judicial system death penalty is the last resort. There are some offences under Section 121, 302, 376A, 396 IPC etc. which are so grave in nature that shakes the conscience of the society. For that there are no such punishment is sufficient unto death.

Process of Death Penalty

The process of giving death penalty is very complicated in judicial system & this process is the main reason why the death penalty is almost unimplementable in India. The prosecution has to prove the offence in Court beyond all reasonable doubt. After that the offence will be tested through some other processes & last to it is R-R Test. If this stage is successfully passed then a Judge can pass death penalty against an offender. Full form is Rearest of Rare Test. It implies the offence should be so rare which is exemplary per se to the society & it shakes the conscience of the society by all means.

Problems to give death penalty

1. No judicial proceedings is 100% full proof, there is always at least a slightest of chance of error.
2. As the members of the proceedings are not present mostly on the crime scene during commitment of the crime so it is very hard to prove a crime beyond all reasonable doubt just by means of logic, argument & evidence.
3. Evidence are also always not full proof. It can be tampered with money & muscle power & there are so many examples present with this.
4. There are offences like rape under Section 376A IPC which attracts death penalty & to avoid the conviction the offender most of the time has a tendency to murder the victim to conceal evidence. So indirectly the fear of death penalty is caused the murder of a victim.
5. Many NGOs & national, international organisation appealed to crush death sentence on humane ground, so this pressure is also another fact in a progressive society like India.
6. There is also a last chance to the offender that he/she can file mercy petition in front of President of India. President can give any of these – Pardon, Reprieve, Respite, Remission, Commutation under Article 72 of Constitution of India or continue with the death sentence. These things sometime make the process long or change the sentence.

These are the reasons why death penalty in India is almost unimplementable. But in this way many serious criminals are forgiven of their punishable crimes when long court cases are goin on. Why not immediate death penalty to serious criminals ?!