theoryofabrogation

Tag: Death penalty

Death penalty abolition or retention

Death penalty abolition or retention For a long time death penalty has been a topic that is surrounded by controversy also the oldest form of punishment for every era death penalty is considered the most strict and the oldest ancient form of punishment. that have existed capital punishment or the death penalty has always been the most relevant and important topic of debate in India and it should be important to come to light in India this penalty is given in the rarest of rare cases whereas if we look at other countries like the UK. has abolished the death penalty last death penalty was practiced in 1964 in the UK it was not easy to abolish the death penalty in the UK but they finally managed to do that whereas in India last execution was performed in 2020 March in the Nirbhaya case. Introduction Society is made of two-component crime and criminals which has resulted in a disturbance in social peace and community is getting disturbed by the crime and criminals to deal with such issue government come with a punishment sentencing that should be in correspondence with the crime done by the individual means the nature of punishment should be equal to nature of the crime. In the case of Suraj Ram versus the state of Rajasthan, the supreme court held that the state should consider the rights of criminals while awarding sentences to be fair but the state should also consider we can to get justice further court elaborated that the purpose of sentences the criminal should never be and unpunished and Victim should never be unsatisfied. The most controversial punishment is the death penalty or capital punishment J.R.R. Tolkien said many that live deserve death and some that die deserve life.  Background Death punishment is been practiced over the centuries in the 18th century BC King Hembury of Babylon performed capital punishment for 25 different crimes during the Mughal Era barbeque method also put offenders to death even the British use to used the hanging method to punish the offenders 14th century BC Kohli used this penalty in the 17th century this penalty was made for all kinds of crime by BC decorate Athens. Also, Captain George Candle in the Jameson colony of Virginia in 1608 was first executed for spying on Spain in 1612, the death penalty was given even for minor crimes. Retention versus abolition debate Many people believe that they do not believe in capital punishment as it takes the life of a person which cannot be taken by anyone except God some believe that the penalty is the only solution to teach a lesson to criminals who perform severe crimes there were so many aspects of both abolitions somewhere promoting the moral values and ethics in favor to abolish the capital punishment others were looking in the theory of deterrence to provide justice to society and victims by hanging. Theory of deterrence In the view of abolitionist abolished the person who commits a crime like murder or rape is not in his senses while performing such moment he remains in the inactive state of mind and he is not aware of what he is doing and what could be the consequences while performing such as he is lost in the wave of emotion, giving death penalty cannot do justice to him, moreover it can also not decrease the crime rate death penalty is an unnecessary act. whereas receptionists said that fear of death is a deterrent if a person is in fear of death then he will think twice before committing some serious or any kind of crime, the punishment provides justice to the victims and stops the crimes that could happen in the future. Crime rate Abolitionist argues that the penalty has no direct or indirect connection with crime rates this is just a custom or a procedure that is followed by the government it does not result in a decrease in the crime rate of the country this argument was taken from the study of theologist Stallin he in his study after collecting the data from the United State of America concluded that that penalty is just a custom it has no role in decreasing the crime rate. Retentionists have the opposite view According to them capital punishment or death brings fear in the mind of the person who is thinking of committing any kind of crime does it directly or indirectly reduce the crime rate Professor Isaac in his article pointed out some loopholes in the study of Stalin according to him the work of Stallin’ neither develop nor tell the full range of implication. Society’s rights Abolitionist stated that no one in the society has right to award death to any person the kind of punishment it can only be done through the act of God also Death punishment somewhere harm the human rights of the person whereas retentionist argued that since the right to death is only can be done through the God not through any person but to provide justice to the victims and the society accused must be punished in a fair way and with the fair punishment which is equal to his crime like murder rape terrorist attack cannot be tolerated and accused must be punished to death. Retention in India Dead penalty in India has been practiced for a very long time from the Mughal Era to British rule used to punish with capital punishment British applied the death penalty under the Indian Penal Code 1860 in 1931 on 27 January question of the abolition of capital punishment was raised by the Mr. Gaya Prasad Singh however this motion was rejected later Mr. Mukund Lal Agarwal introduced a bill of the abolition of capital punishment on August 23, 1956, in the first Lok Sabha of the republic of India it was later rejected but the discussion continued and topic of cropping down this punishment continued later in 1962 a resolution was passed…

Criminal Law, Indian Constitution, Indian Penal Code, Law

Capital punishment in India and its various forms

The “Death Penalty” or “Capital Punishment” is the harshest punishment a society or democracy can impose in order to uphold law and order. But murdering another human being in the name of justice is just as bad. We should focus on stopping the crime, not on the perpetrator. We should amend the law to ensure law and order so that everyone can live in harmony with one another because “Life is valuable, and death is final.” According to the UN, murdering a person for the sake of justice also results in the death of humanity. Nobody has a right to determine that who will live or who will dies, but God has the power to determine who lives and who dies. rather of putting someone to death by hanging, we ought to use a different tactic known as the reformative technique so that the offender can change for the better and continue to live in peace. Introduction ‘Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence.””. It is the Criminals who must be punished by the state in order to keep society’s law and order. The capital punishment is the judicially ordered execution of a person who has broken a specific law. The legal term “death penalty,” which is recognised by the government, refers to a person being put to death by the state as punishment for the crime he committed Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence” Every time a court imposes a sentence, it does it in accordance with a theory or a premise. These beliefs, which go by the name “Theories of Punishment typically fall into one of five categories: The deterrent theory Restructuring Theory Theoretical Precautions Theoretical Retribution The Expiation Theory In the United Nations (UN), where the death penalty is viewed as a violation of human rights, the phrase “Abolition of Death Penalty” is one of the most frequently discussed themes. The Reformative Theory of Punishment was given more weight by the UN than the Deterrent Theory of Punishment. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer made This remark: “The specific cause must relate, not to the crime, but to the offender. Criminal not deserve the death penalty. Acc.to ABDUL KALAM :- “Avul Pakir Jainulabdeen Abdul Kalam said, ” We are all the products of God. I’m not convinced whether a human-made mechanism is capable of ending a life based on fabricated evidence. – The legality of the death penalty in India under Constitution The question of the death penalty has long been divisive everywhere in the world. The death sentence is applied in India for the most serious, heinous, and egregious offenses, such as murder, war against the government, etc., according to the Indian Penal Code. Article 21 of the Indian Constitution states that everyone has the “right to life,” which shall not be denied to anyone. The president has the power to exercise mercy when the death sentence is involved. The President of India has the power to commute, alleviate, postpone, or otherwise alter a conviction for the death penalty under Article 72 of the Indian Constitution. Once a person has been found guilty and sentenced to death, Article 72 of the Indian Constitution gives the President the authority to commute, relieve, postpone, or otherwise modify a death penalty conviction. Once a defendant has been found guilty and given a death sentence so the President has power to dismiss the death penalty Once a criminal has been convicted and sentenced to death, Case laws Jagmohan Singh VS State of Uttar Pradesh[1]– The Supreme Court in this case rejected the claim that the same violated Article 19 of the Indian Constitution, which protects the “right to life.” Rajendra Prasad VS State of U.P It was emphatically emphasised by Justice Krishna Iyer that the death sentence is against Articles 14, 19, and 21. Bachan Singh VS State of Punjab– One year after Rajendra Prasad v. State of U.P the same case set as a  The Supreme Court  reversed the ruling in the aforementioned case by vote of 4:1  by Justice Bhagwati. there was argued that the term is “public order” designed in Article-19(2) to Article-19(4) is different from “law and order” and also introduced the principle of award with  death penalty in “rarest  cases,” despite the facts that it violation Articles 14, 19, and 21. The Supreme Court acknowledged Article 21 as the State is authority to take someone’s life. The Delhi gangrape case, which requested the guilty be given the death penalty, Machchi Singh VS State of Punjab– The Supreme Court established guidelines for whether the death penalty may be applied, taking into account the crime’s gravity, victim’s type, and whether it was committed in social anti-social manner in Capital punishment. Kidnapping that does not result to death– “• Aggravated murder: According to Section 302 of the Indian Penal Code, 1860, this crime carries a death sentence.[5] Treason – A person who attempts to overthrow the government or aids members of the armed forces in doing so may get the death penalty. Offences related to terrorism that don’t result to death– Use of explosives that can cause explosion and threaten life/cause damage to property. For instance, Muhammad Afzal was hanged on February 9, 2013, in retaliation for the attack on the Indian parliament in December 2001, which saw five men carrying bombs kill nine people. Rape that does not result to death – Under the Criminal Law Act of 2013, a perpetrator who causes harm during a sexual assault that results in the victim’s death may be executed. As a result of the Delhi gangrape case, gang rapes are now also punishable by the death penalty. According to the 2018 Criminal Law Ordinance, anyone found guilty of raping a child younger than 12 years old faces a death sentence or a…

Criminal Law