ABSTRACT
The origin of the theory of the punishment to the Indian judiciary imbibing establishing death punishment a valid legal form of punishment in the landmark judgement of Bachan singh case This case introduced the idea of “Rarest of the rare,” which sets strict conditions for when the death penalty can be applied, to the case of Jagmohan Singh case of 1973, the Supreme Court upheld the constitutional validity of the death penalty. . Further the psychological terrors and the injustice and the arbitrary powers of judges has been questioned in this paper.
KEY WORDS
Capital punishment, crime, Rarest of the rare.
INTRODUCTION
Society holds and runs on essential principles that help keep smooth functioning. To maintain peace and stability, the state is given power to enforce rules. But if a delinquent by actions and conduct, breaks the law or commits a crime against society, the state has the right to punish them in order to set an example and maintain law and order. Punishment is a method by which states discipline and penalize the offender.
Jeremy Bentham is the propounder of the theory of punishment. His utilitarian approach suggests that the pain from punishment isn’t just about individual actions but more about the overall law-breaking that affects the society. Many old-school thinkers like Plato and Locke— they supported his ideas and theories. In Ancient India, punishments were dealt out mindfully not aimlessly. If the words of the king were disobeyed, they faced serious consequences after proper analysis of the circumstances by the court which consisted of the council of the king.
Manu is considered to be the ancient law provider and later on kautilya provided us with the ‘Danda’ concept . Death penalty is the harshest form of punishment. It is for offenders who commit serious crimes against society. It serves as a legal system’s way of expressing, “You have crossed the line, and now you must face the consequences In India, the High Court ( Section 368 of the CrPC., section 22 of BNSS) can impose the death penalty, and hanging is the only method allowed for execution. When courts give punishment, they typically base it on five main theories of punishment: Deterrent, Reformative, Preventive, Retributive, and Expiation. Judicial execution is an example of deterrent theory. This theory says that harsher punishments will scare people away from committing crimes. If someone knows there’s a chance they could be put to death, they might think twice before doing something illegal.
The United Nations, on the other hand, is and always was not in favour of capital punishment. Since 2007, they have adopted four resolutions urging nations that use the death penalty to pause its application and consider abolishing it altogether. They also suggest limiting the number of crimes resulting in death by judicial execution and ensuring the rights of those on death row are respected.
RESEARCH METHODOLOGY
This is an analytical study relating to capital punishment . The research is focused on the development of capital punishment in Indian judiciary as to how they decide the criteria of capital punishment and the precedents set by the judicial decisions. This study also analyzes the psychological impact on prisoners. The objective of this paper is to dwell into the origin of the idea of capital punishment and how the Indian judiciary has imbibed it in themselves. Not only this , The focus is also on the psychological horrors of the punishment.
The research is focused on both the aspect of the punishment, leaving us comparing the morality and the practicality of the capital punishment
Judicial death/ Capital punishment ( India)
Death by execution by the order of the judiciary poses a moral question in our nation. Death penalty is only granted in the extraordinarily rare cases as decided by the apex court of our nation in a pivotal decision of Bachan Singh (1954).
In India, deciding to send a man to gallow rely upon the ‘Doctrine of rarest of rare’ case. There is no concrete definition of what it means to be rarest of rare nor it is defined in the Constitution. The circumstances to define the most rare of rare situations hangs upon the circumstances surrounding the particular case, the brutality of the offence committed, the manners of the delinquent , the psychological effect of the crime on society and the offender’s chances or scope of improvement, his psychological mindset, all goes under a microscopic lense to decide the punishment for the offender in the case of the death penalty.
Whenever the punishment is given for an offence on the wrongdoer there are two valid explanations. Firstly, those who have committed the crime must suffer for the act they have committed against society, Secondly, it sets a precedent for others to look upon before committing a crime or sets a standard for what will happen if one tries to commit the crime. In BNS the death penalty will be awarded to the offender of murder under section 103. In section 104 murder by a life convict also amounts to the punishment of death.
Judicial Evolution ( Capital Punishment )
A 5-judge bench of the apex Court in Jagmohan Singh V. state of Uttar Pradesh 1973, and ruled that The death penalty is constitutional and does not violate articles 14 and 19,21. In this case, the validity of the death penalty was challenged because it violates the provisions of Articles 19 and 21 but did not provide any procedure. The Supreme Court held that the choice of death sentence is done by the procedure established by law. It was observed that the judge chose between a capital sentence or imprisonment for life based on the circumstances facts and nature of the crime brought to the trial
In the watershed moment of Bachan Singh Vs the state of Punjab, In this significant ruling the reaffirmed the constitutional legitimacy of the death penalty outlined in Section 302 of the IPC (103 section in BNS ) The Hon’ble Supreme Court was applauded for its effort to curb capital punishment through this judgement.
The Doctrine of the rarest of rare cases was the outcome of this decision . This ruling established a powerful principle: the death penalty must be reserved for the most extraordinarily rare situations, where the crime is undeniably brutal, and the alternative punishment of life imprisonment is inadequate in such cases.
The “rarest of the rare” doctrine continues to be the guiding principle for courts in India when deciding on death penalty cases.
Further, in the case of Macchi Singh & Others v. State of PunjabThe fate of capital punishment in India was sealed by a 3-judge bench following the decision of Bachan Singh and stated that The death penalty can only be given in very rare situations when the people of the community strongly believe that the person in charge of the judicial power should impose it. If –
1.When a murder happens in a very brutal or shocking way, it causes strong anger and a feeling of revolt against such offence in the community.
2.The murder of a person from a scheduled caste sparks strong communal anger and outrage
3.In the case of “bride burning” or: dowry death’
4.When the offence is particularly horrific, it involves:
(a) an innocent child,
(b) Women who are vulnerable or individuals unable to protect themselves due to age or illness.
(c) a person with authority
(d) a notable figure, especially when the murder is motivated by political reasons rather than personal ones.
Moreover, there are more cases asserting the meaning of the rarest of the rare case doctrine, laying grounds for the awarding of the death penalty. In the ruling of Santosh Kumar Bariyar versus the State of MaharashtraThe apex Court highlighted that the idea of “rarest of rare” is just a suggestion for judges to consider while delivering judicial execution. It emphasizes that life imprisonment should usually be the punishment, and the death penalty should only be used or handed out in extraordinary circumstances.
As per to the 35th Law Commission Report of 1967, they advocated in support of the death penalty and stated that the death penalty is society’s way of representing its revulsion rather than just a symbol of vengeance.
In the contemporary decision regarding the death penalty, Manoj & Ors v. State of MPThe apex Court acknowledges some loopholes in administering the death penalty. In September 2022 The Supreme Court convened a constitutional bench to reform the death penalty sentencing. In response to the increasing amount of death penalty being awarded.
Death penalty laws hold loopholes and have severe effects on offenders’ mental health as discussed in the analysis of Project 39-A.
In this case, established clear directives mandating that trial courts gather psychiatric and psychological evaluation of the convicted before imposing a death sentence. This requirement highlights the judicial commitment to ensuring that all facets of a defendant’s mental health are thoroughly considered in the sentencing process.
EXECUTION RATE (INDIA)
In independent India, the first death penalty was given to Raghuraj Singh in 1947 at Jabalpur Central Jail. The Indian Constitution permits the death penalty; however, only 7 executions occurred from 1998 to 2018.Between 2004 and 2013, there were 1303 sentences of capital punishment, but only 3 of those convicts were executedIn 2007, Yakub Memon, along with eleven co-defendants, was sentenced to death via a special court regarding the planning and executing the devastating 1993 Mumbai bombing. This heinous act claimed the lives of approximately 260 individuals and left countless others wounded. The court’s ruling reflected the gravity of the offense and the intense and deep impact it had on the casualties and their families
In 2020, trial courts issued only 78 death sentences, the lowest in six years, largely because of the pandemic. However, in 2021, the number of death sentences nearly doubled to 144. During the same time, higher courts handled fewer cases. The High Courts decided 39 cases in 2021, down from 31 in 2020 and much lower than 76 in 2019.
The Supreme Court did not issue any death penalties in 2021 and called for changes in how death penalty cases are managed. In 2022, trial courts sentenced 165 people to death, the highest number in over 20 years, as per the findings of the Annual Death Penalty Report.
In 2023, trial courts sentenced 120 people to death. Out of these, 57 cases involving 80 death row prisoners were reviewed by High Courts. They sent five prisoners back to trial courts for new trials, acquitted 36, and reduced the sentences of another 36. Two sentences were canceled because the prisoners died.
In 2024, the Supreme Court issued no death sentences, marking the second straight year without any. However, there are still criminals awaiting execution.
OTHER SIDE OF THE COIN
Capital punishment, often seen merely as the death penalty, encompasses more than just revenge; it represents a means for individuals to atone for their heinous crimes. While it may appear barbaric, it is reserved for the most severe offences, signifying that the crime warrants such grave consequences. This form of punishment seeks to ensure justice for victims and holds perpetrators accountable in a way proportional to their actions.
However, the death penalty is not without its drawbacks . While it serves as a potential deterrent, its application can be inconsistent due to factors like pardons or new evidence arising. The psychological toll on those awaiting execution can be severe, making it a form of enduring punishment. A critical need for reform exists in the death penalty process, as its irreversible nature raises the risk of innocent individuals being wrongly convicted. Furthermore, the discretion of judges can lead to discrimination and inconsistent applications may lead to arbitrary decisions. It does leave a psychological scar, a mark with a grave impact on the mind of that perpetrator which at the end of this are indeed humans. They wait years and years in anticipation of their death which in itself is a psychological hell as a form of punishment.
Reforms are important and dire. We need to clearly define which offences deserve capital punishment. We should also provide chances for rehabilitation, like educational programs. Criminals should have the opportunity for a second chance. In some European countries, if a prisoner reads four books and shares and writes an essay on what they learned, they can get a week off their sentence. If a convicted person shows true remorse and demonstrates improvement, we should think about alternatives to execution. But when a crime where the offender is ignorant and his psychology clearly reflects psychopathic traits and is proud to be a monster, does death punishment serve as a viable option or not?
CONCLUSION
In summary, while capital punishment aims to maintain law and order, it requires substantial amendments and guidelines to be a truly effective deterrent. A better approach needs to be taken in this direction to achieve while handing out the capital punishment.