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DAMMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE:

“CAPITAL PUNISHMENT VERSUS RIGHT TO LIFE : A

CRITIQUE ’’

NAME OF THE SUBJECT:

CRIMINAL LAW

NAME OF THE FACULTY

PROF. BHAVANI PRASAD PANDA

NAME OF THE CANDIDATE: M. SWETCHCHA

ROLL NO : 2019LLB089
SEMESTER : IIISEMESETER

ACKNOWLEDGMENT
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I would like to express my special thanks of gratitude to my teacher, Prof. BHAVANI

PRASAD PANDA sir , who gave me the golden opportunity to do this wonderful re on the
topic “CAPITAL PUNISHMENTS VERSUS RIGHT TO LIFE : A CRITIQUE .”,
which helped me in doing a lot of research and I came to know about so many new things and
I am really thankful to my professor.

I am doing this project not only for marks but also to increase my knowledge. I have tried my
best to collect information about the project in various possible ways to depict the clear
picture about the given project topic.

TABLE OF CONTENTS
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 ACKNOWLEDGEMENT………………………………….2

 SYNOPSIS……………………………………………………4

 INTRODUCTION…………………………………………….6

 CAPITAL PUNISHMENT…………………………………...8

 DEATH PENALITY CRIMES…………………………….10

 CASES RELATED TO DEATH PENALITY………………………….14

 RIGHT TO LIFE…………………………………………………………19

 RIGHT TO LIFE AND EUTHANASIA…………………………….21

 CASES RELATED TO RIGHT TO LIFE……………………………23

 CONCLUSION………………………………………………………….28

 BIBLOGRAPHY…………………………………………………………31
SYNOPSIS
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TOPIC : CAPITAL PUNISHMENT VERSUS RIGHT TO LIFE : A CRITIQUE

INTRODUCTION :

Capital punishment , also known as the death penalty, involves the execution of an offender.
The death penalty should be distinguished from illegal executions carried out without due
process of law. "Protection of life and personal liberty: No person shall lose his or her liberty
or personal liberty except in accordance with the procedure established by law." This
fundamental right is available to every person, citizen and foreigner. Explained in the
project.

SCOPE OF THE PROJECT :

The scope of the project is limited to capital punishment and right to life and some
case laws is explained in the project.

OBJECTIVE OF THE STUDY :

To know how these fluctuations between capital punishment and right to life .

REASERCH QUESTIONS :

• How these capital punishments influence under article 21 ?

• Which situation the right to life help the people ?

REASERCH METHODOLOGY :

The researcher is doing doctrinal type of study in this project .

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HYPOTHESIS :

There is a lot of importance of right to life to public and in which situation this right
to life helped in capital punishment .

LITERATURE REVIEW :

For gathering of information regarding the topic capital punishment versus right to life : a
critique the researcher would rely upon both the “ primary’’ and “ secondary” data for the
research . Mainly books and online resources would be given a major importance.

CONCLUSION :

I would like to conclude this project with the help of some case laws .

 INTRODUCTION :
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Capital punishment , also known as the death penalty, involves the execution of an offender.
The death penalty should be distinguished from illegal executions carried out without due
process of law. The term death penalty is sometimes used interchangeably with the death
penalty, although the imposition of the death penalty is not always subject to the death
penalty (even if it is confirmed on appeal), as there is a possibility of commuting the life
sentence.

The death penalty or the capital punishment is always a contradiction not only in the Indian
judiciary but also in most developed countries. The authority of the state has been questioned
and established after the execution. India clarified its position on the matter in December
2007 and, despite its position, leaves it to the judiciary for an extraordinary violation of law.
In the past 10 years, the Indian judiciary has executed 1,303 people, but this year 4 have been
hanged to death. There are many human rights movements in India according to which the
death penalty is immoral because it affects the rights of an individual.

The Indian criminal justice system is based on a combination of two principles: one is reform
theory and the other is crime. This theory believes that "you cannot be cured by killing." The
main purpose of this theory is to bring about a change in the personality and character of the
offender and to make him an effective member of society. The other theory that is followed is
the prevention theory, which states that ‘prevention is better than cure’. It is better to take
preventive action before committing a crime. This theory aims to prevent crime by imposing
the death penalty on the offender or by imprisoning him or by suspending his driving license.
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Everyone's right to life is protected by law. No one will intentionally lose his life in the
execution of a court sentence following his conviction for a crime. Violation of this article
will not result in the loss of life as a result of the use of a completely unnecessary force in
protecting any person from unlawful violence in order to prevent a legal arrest or escape. A
person is legally detained, and Legal action taken for the purpose of quelling a riot or
insurgency.

The right to life is the basis of our existence, without which we cannot live as a human being,
and it encompasses all aspects of life that make a man's life meaningful, complete and
worthwhile. The only article in the constitution that has the widest possible explanation.
Under the framework of Section 21, many rights have been identified as shelter, growth and
nutrition. Therefore, the essential and unavoidable essential needs, minimum and basic needs
of a person are the main concept for the right to life.

Article 21 of the Constitution of India, 1950, states that "no person shall lose his life or
personal liberty except in accordance with the procedure established by law." Article 21 of
the Constitution states that ‘life’ is not simply a physical act of breathing. It does not simply
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refer to the existence of animals or is constantly persecuted by life. It encompasses a wide

range of topics, including the right to life, human rights, health, and pollution.

 CAPITAL PUNISHMENT :

India independently retained the 1861 Penal Code in 1941, which provided for the death
penalty for murder. The idea of abolishing the death penalty was expressed by several
members of the Constituent Assembly during the drafting of the Constitution of India
between 1947 and 1949, but no such provision was enshrined in the Constitution. Over the
next two decades, bills of private members were introduced in both the Lok Sabha and the
state legislatures to abolish the death penalty, but none of them were passed.

It is estimated that between 3000 and 4000 executions took place between 1950 and 1980. It
is very difficult to quantify the number of people who were sentenced to death and executed
in the mid-1980s and 1990s. It is estimated that two or three people are executed per year. In
the 1980 Bachchan Singh judgment, the Supreme Court ruled that the death penalty should
only be used in "rare" cases, but it is not clear what defines the rarity of the rare.

 Position in India :
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UN calls for ban on executions India opposed the resolution because it was against Indian
legal law and the sovereignty of each country. In India, it is awarded for the most serious
crimes. It is awarded for heinous and serious crimes. Section 21 states that the ‘right to life’
promised to every citizen in India shall not be taken away from any person. In India, various
crimes such as criminal conspiracy, murder, war against the government, insurgency,
incitement to murder, and counter-terrorism are punishable by death under the Indian Penal
Code (IPC).

The president has the power to grant clemency in a death sentence. Bachchan Singh vs
1
Punjab State, The court held that the death penalty could be imposed only in rare cases.
Only the president has the power to grant clemency in cases involving the death penalty.
Once an offender is sentenced to death in a case, it must be confirmed by the High Court. If
the appeal filed by the accused fails in the Supreme Court, he can submit a ‘mercy petition’ to
the President of India.

Comprehensive procedures regarding this procedure should be followed for handling

petitions for clemency on behalf of or on behalf of convicts sentenced to death. Appeals to

1
AIR 1980 SC 898.
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the Supreme Court and special leave to appeal to that court by such offenders shall be set by
the Ministry of Home Affairs. Under Article 72 of the Constitution of India, the President has
the power to grant amnesty, redemption, retaliation or punishment or to suspend, send or
reduce the sentence of any person convicted of a crime.

 DEATH PENALITY CRIMES :

 Aggravated murder :

It is punishable by death under Section 302 of the Indian Penal Code, 1860. Bachchan Singh
2
V. In the state of Punjab, "rare" cases occur only when an Indian court uses the death
penalty as an exception to the Constitution.

 Other offences resulting in death :

Under the Indian Penal Code, a person who commits murder during an armed robbery is
sentenced to death. If the victim is abducted for money the victim will be sentenced to death
if killed. Organized criminal involvement, if it leads to death, is punishable by death. Aiding
or abetting another person to conspire is punishable by death.

2
AIR 1980 SC 898.
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 Terrorism-related offences not resulting in death :

Muhammad Afzal was hanged on 9 February 2013. He was hanged in an attack on the
Parliament of India in December 2001, in which nine people were killed by five gunmen
armed with guns and ammunition. Mohammad Ajmal Amir Kasab, the only surviving sniper
in 2008, was hanged on November 21, 2012 for various crimes, including waging war on
India, murder and terrorism. The use of any special type of explosive to cause an explosion
that is life threatening or can cause severe damage to property is punishable by death.

 Rape not resulting in death :

If a person is injured in a sexual assault that results in death or is left in a "continuous

vegetative state", the death penalty can be imposed under the Criminal Law Act, 2013. Gang
rape is punishable by death. The changes came after the 2012 gang-rape and death of medical
student Jyoti Singh Pandey in New Delhi. Under the 2018 Criminal Law Ordinance, a person
who rapes a girl under the age of 12 can be sentenced to death or sent to prison for up to 20
years with a fine.

The 2018 Amendment also specifies the death penalty or life imprisonment for the rape of a
girl under 12 years of age. Following these changes in the criminal law following the rape
and murder of an eight-year-old girl, Asifa Bano has sparked political unrest across the state
of Jammu and Kashmir and across the country.
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 Kidnapping not resulting in death :

Under Section 364A of the Indian Penal Code, 1860, abduction without causing death is a
capital offense. If any person threatens to detain, kill or harm him, the act of kidnapping
actually causes the death of the victim, who is liable under this section.

 Drug trafficking not resulting in death :

A person convicted on a commission of or attempting to commit any drug trafficking

offenses, or financing certain types of drugs and psychotropic substances, may be liable to
death.

 Treason :

Anyone attempting to wage war against the government or aiding the revolt of naval,
military, or air force officers, soldiers, or members is punishable by death.

 Military offences not resulting in death :

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Assault, mutiny or attempt to seduce a soldier, soldier, sailor and his duty and many other
offenses if committed by a member of the Army or Navy or Air Force.

 Category of offenders are excluded from Capital Punishment :

 Minor :

According to the law in India, a minor under the age of 18 cannot be hanged at the time of the
crime.

 Pregnant Women:

Permission must be granted to a pregnant woman who has been sentenced to death under the
2009 Amendment.

 Intellectually Disabled :

Under the Indian Penal Code, when a person is mentally ill or unable to comprehend the
nature of the act or is accused of wrongdoing, the person can be held liable under the law and
sentenced to death.

 Execution methods followed in India :

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 Hanging :

All death sentences are carried out in India. After independence, Kotse was the first person to
be hanged in India in the Mahatma Gandhi case. The Supreme Court of India has
recommended that the death penalty should be imposed only in rare cases in India.

 Shooting:

Under the 1950 Martial Law, both execution and shooting are listed as official executions in
the military court-martial system.

 CASES RELATED TO DEATH PENALITY :

 JAGAN MOHAN SINGH V. STATE OF UP

This is the first case in India that deals with the question of the constitutional validity of the
death penalty. The counsel for the appellant, in this case, puts forward three arguments which
are not valid under section 302 of the IPC.
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First, the death penalty deprives all fundamental rights guaranteed under subsections (1) (a)
to (g) of section 19, so the law relating to the death penalty is unjust and not in the public
interest. Second, the wisdom invested by judges in imposing the death penalty is not based on
any standards or policy required by the legislature to impose the death penalty before
sentencing. Third, the unrestricted and unconstitutional discretion of judges to impose the
death penalty or life imprisonment is affected by Article 14 of the Constitution because the
two will be treated differently as murderers based on similar facts. Other suffering is life
imprisonment only.

Finally, it was argued that the provisions of the law did not provide a procedure for
investigating important factors and circumstances for choosing between the death penalty and
life imprisonment. The investigation under the Criminal Procedure Code is limited to the
question of guilt. In the absence of any procedure established by law in the matter of
punishment, the protection provided by Article 21 of the Constitution was violated, and
therefore the death penalty for that reason is unconstitutional.

After examining the arguments, the five-judge bench upheld the death penalty, and the death
penalty is constitutionally allowed to be recognized as a sentence allowed by the drafters of
our Constitution.
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 Law commission report :

The issue of elimination or retention must be determined against balancing and retaining
various arguments. No single argument for abolition or retention can determine the problem.
In coming to any conclusion in this matter, one must keep in mind the need to protect the
community and individual human beings in general.3

 EDIGA ANAMMA V. STATE OF ANDHRA PRADESH

Judge Krishna Iyer commuted the death sentence to life imprisonment citing factors such as
age, gender, socio-economic background and mental compulsion of the accused. In addition
to examining the details of the crime in this case and making judgments based on the extent
of the violence, judges should also look at the offender and his or her status or pleasure when
committing the crime. In support of the death penalty, Judge Krishna Iyer said:

"A legal policy on life or death cannot be left to a temporary state of mind or personal
prognosis, so we tried to objectify as much as possible, abandoning the ruthlessness of

3
Supra note 5 at p.72.
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revenge, correcting the religion of restraint, and resisting harsh and irreversible punishment."
4
These cases followed three important developments. Section 354 (3) of the Code of
Criminal Procedure, 1973, added that if convicted in cases punishable by death or life
imprisonment, the reasons for sentencing and the death penalty referred to in that case are
specific reasons for that decision. This made the lower sentence rule and the death penalty
exceptional as opposed to the previous situation. In 1979, India ratified the International
Covenant on Civil and Political Rights (ICCPR).

Article 6 (2) of the ICCBR states: “In countries where the death penalty is not abolished, the
death penalty may be imposed only for the most serious offenses under the law applicable to
the Criminal Commission and not contrary to the provisions of the current Convention and
the Convention on the Prevention and Punishment of Genocide. ” Section 5 of the same
article states that no one under the age of 18 can be sentenced to death and that nothing can
be done about pregnant women.

Thus, India was now determined to abolish the progressive death penalty. Another major
development was the Maneka Gandhi case 5, which required that every law in penal custody
pass the test of fairness derived from the joint reading of the "Golden Triangle", i.e. Articles
14, 19 and 21.

4
Id. At p. 26.
5
Maneka Gandhi v. Union of India, AIR 1978 SC 597.
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 RIGHT TO LIFE :

Noble aspirations for freedom were etched in us The Constitution, despite being our people,
whose spirits were crushed by foreigners for centuries the rulers were not mentally prepared
to have these lofty aspirations. Our leaders, who saw freedom, brotherhood and equality, had
complete control over them. Attempts to create these spirits in Western society were made in
the Constitution, this is the basic law of the land. Nothing new in these shiplets, but
subjugating the entire Indian race to the last 900.

The years have turned us into a nation of complete slaves in both thought and action.
However, it was again led by our leaders who were inspired by the elders . They had
Upanishad thought and modern Western egalitarian society Equality, fraternity and freedom
can be seen from a closer quarter. When the framers of our constitution sat down to design
the constitution and then they confirmed it ideals are basic. This means that no law or order
can be abbreviated or violated.

They are legislative, administrative or judicial. In other articles to find out

The basic rights of the Indian people, the "right to life" came at the forefront. We can see that
when we meet the debates of the Constituent Assembly. The only controversy in this matter
was with the phrase "proper process of law." or "for a practice established by law".
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Article 21 In a sense its scope is unlimited because it covers everything a man needs to live a
quality life so that he / she can buy opportunities to make his / her life better, more productive
and safer. In a landmark judgment on the right to life, the Hon'ble Supreme Court held that
"the life used here is more than mere animal existence . " Therefore, the right to life includes
the right to live with human dignity and everything that goes with it, i.e. the essential needs of
life such as adequate nutrition, clothing, shelter and facilities for self-expression such as
reading and expression of writing.

In various forms, moving freely and mixing and blending with the community. To have all of
these is to live with dignity, and we can be called lucky to be governed by these basic laws of
life and the laws that guarantee freedom. In this way, the right to life guaranteed by Article
21 includes the full bouquet of rights and duties that guarantee liberty and privacy.

 Right to Die not included :

P. Ratnam V. of India 6. The amalgamation case was conducted by the Supreme Court. The
right to life includes the right not to live a forced life. Thus including the right to die. As a
result, Section 309 of the Indian Penal Code imposes a fine attempted suicide is a violation of
6
Dr. Subhash C. Kashyap.
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Section 21, so it is void. Peak the court clarified that the right not to live under section 21
does not express the right will be discounted. It should be noted that the Supreme Court has
violated it in the case of Kian Kaur 16 P. Rathinam's Case 17 & Court Rule 21 affirm the
right to life and death . Section 309 of the Indian Penal Code is not included in this section
and it is not violated.

Article 21. Knowledge Kaur 18 by any extension of Section 21 of the Supreme Court
imagination and personal freedom for life and the destruction of the canopy of life
management, life is guaranteed. Join can read for free, it took place. The right to life is a
natural end or the destruction of life. Therefore inconsistent and inconsistent with the
concept of the right to life.7 Report 42 of the Law Commission (1971) recommended the
imposition of 309 such fines.

Attempted suicide is serious and unjustifiable & it should be cancelled. Bill The bill failed
and no attempt has been made so far, but Section 309. There was an interim IPC introduced
in 1972 to upgrade. The right to livelihood cannot be extended to include all types of claims
for a license. Contract rights. 8 or claim for salary increase it is essential to live with it. 9 No
right under section 21 continue to trade or business 24 but an employee of the national carrier
(airline) can do the requirement.

7
Frederic – Constitutional concernment & democracy.
8
Equity V.R. Krishna Iyyer on Fundamental Rights & directive
principals – 1998
9
The transmuting dimension of personal liberty in India–1993.
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Must not be hired by another airline without obtaining a first review certificate the employer
does not infringe on the employee's right to livelihood. Can't be right yet extended to
transform the State's temporary staff into sympathetic. In the guise of up having the right
under the article, one can not like people more than miracles. The majority of people are
waiting for the opportunity to engage in public employment. The right to life cannot
currently include the right of the public to its purpose employment10.

 RIGHT TO LIFE AND EUTHANASIA :

The word ‘euthanasia’ appeared in Greece, literature means a good death in this context it
means euthanasia. Euthanasia includes various dimensions from active (Introducing
something that causes death). Inactive (suspension therapy or support Activities); without
voluntary (consent) consent (Approval from guardian) and physician. Help (where the doctor
prescribes drug and patient or third party administers drugs that cause death). There is a
demand for an early end to life contributed to the discussion of participation such practices in
contemporary health care.

This discussion reduces complexity and dynamism features such as legal, ethical, human
rights, religious, economic, social and cultural aspects of civilization community. In our daily

10
The Constitutional Law of India.
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lives, We often meet patients who are bedridden and completely ill depends on others. It
really hurts their feelings. If we look at them, we can say that death is a better thing. They
have more choice than to live such a painful life. But on the other hand if we look at the
Netherlands Euthanasia was legalized and we will see how it is abused there. So no one
wants to follow its prototype Euthanasia is to be legalized in India. But the question before us
is which would be a better choice.

In light of the above, we will argue this complex issue from the perspective of supporters and
opponents try to present the plight of the victims and their caregivers. The purpose is to
discuss the meaning of Euthanasia from a medical and human rights perspective that gives
Aruna Schonbach v. Union background Indian case decided on March 7, 2011. SC rejected a
friend's request to kill the plant Aruna Shanbach mercilessly

Place such a request. SC's judgment is based on the following logic:

i. If we leave it only to friends and relatives, there is always a chance that it will be
misused by some.

ii. Dishonest elements who want to inherit or seize the property of the patients. If
euthanasia is legalized, the Department of Commercial Health will impose the death
penalty on many disabled people. For a very small amount of the elderly citizens of
India.
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 CASES RELATED RIGHT TO LIFE :

 SINGH V. STATE OF UTTAR PRADESH

 Facts :

The petitioner, Karak Singh, was charged in 1941 with violent robbery as part of an armed
gang. He was released due to lack of evidence, but a ‘history paper’ was opened regarding
him under Uttar Pradesh Police regulations. These terms are provided for monitoring powers,
including the powers of domestic visits, to persons who are habitual offenders or who may
become offenders.

Based on these rules, the police would often come to Singh's house at odd times and wake
him up when he was asleep. The petitioner contended that these provisions violated his right
to live with dignity under Article 21 of the Constitution of India which includes the right to
privacy. He also argued that these actions violated the individual freedoms guaranteed under
Article 19 of the Constitution of India.

 Decision Over view :

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He rejected the argument that the psychological effect of the picket fight under section 19 (1)
(d) had reduced freedom of movement and found that the person concerned or the persons
visiting the home were not aware of the picket. He considered the question of domestic
visits. This undermined the right to life protected under Article 21 of the Constitution, which
refers to the right to live with human dignity - not just animal existence.

He felt that the power to confirm their presence at midnight in someone’s home was contrary
to this right. This clearly violates Section 21 as the right to life can only be governed by
‘law’; The administrative rules of the Uttar Pradesh Police do not fall within the definition of
‘law’. Finally, he felt that the shadow of the "historical papers" would not impede their
movement, that any impact on privacy was irrelevant, and that the right to privacy was not a
fundamental right. Therefore, the rules should be reduced only in relation to domestic visits.

 SUNIL BATRA V. DELHI ADMINISTRATION

 Facts of the Case :

Upon receipt of the letter to the judge, the court sent notices to the Government and the
concerned authorities. It appointed "Dr.Y.S.Chitale and Sri Mukul Mudgai" as amicus curiae.
They were empowered to go to jail, meet the prisoner, view the relevant document, and
interview the witnesses as needed to help the court form their opinion.
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According to the findings of Amigus Curie, the court was told that prisoner Prem Chand had
sustained serious anal injuries as a result of the brutal treatment of prison ward officer
"Makar Singh". Makar Singh asks for money from relatives of prisoners. If he fails, he will
subject the prisoners to severe torture, in the same order, Makar Singh, forcing the rod to be
inserted into the prisoner's anus, Prem Chand, as a result of which he suffered from persistent
bleeding and pain. He was taken to the prison hospital, but later, Dr. V. K. On Kapoor’s
advice, he was transferred to Irvine Hospital.

 Issues raised :

i. Does the court have jurisdiction to ask the court to release prisoners' grievances,
but, in the case of inmates, to report mistreatment and reduce illegal detention?

ii. What are the broad definitions of fundamental rights of a prisoner convicted by a
court, in particular Sections 14,19,21?

iii. What judicial solutions can be provided to prevent and punish their violation and
provide access to individual justice?

iv. The court may now draw up the prevailing drugs relating to prison procedures in
accordance with the provisions of the Prisons Act, and are there provisions to
design in accordance with Part III?
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v. In the long run, what prison reform perspectives and strategies should be followed
to strengthen constitutional mandates and human rights obligations?

 Judgement :

A convicted felon has sent a letter to one of the judges under the death penalty. Police
officers and other prisoners. The letter contains concerns about the well-being of prisoners
and the brutal actions taken against them. At one point later, the letter was changed to
"Habeas Corpus Writing" which will continue before this Court under Article 32 of the
Constitution.

 CHAMELI SINGH V. STATE OF U.P

 Facts of the Case :

The appellants were the owners of the land in Flat No. 16 along with other lands. The land
was acquired for the housing needs of the Dalits, tribals and the poor. The Land Acquisition
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Act of 23-7-1983 was notified to them by publication in the State Gazette under Section 4 (1)
of 1894, and the Declaration under Section 6 was issued simultaneously with the inquiry
under Section 5-A. There was a delay on both the advance notice and the post-notice side on
the part of the authorities to finalize and publish the notice. The appellants, therefore,
challenged the validity of the notice and appealed to the Supreme Court with a special leave
petition.

 Issues :

 Does the enacted order violate Article 21 of the Constitution of India?

 Judgement :

Until the unhygienic conditions and housing needs of the Dalits, tribals and the poor remain
unresolved and the urgency continues and the government has developed its opinion on the
basis of material, constitutional and international obligations, the Court is not an appellate
body, if the Court finds in force the case of Power Mala Fight which did not do so, Does not
disturb discoveries.
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The right to life guaranteed in any civilized society refers to the right to food, water, a
decent environment, education, medical care and shelter. The right to shelter includes
adequate living space, safe and orderly organization, clean and decent environment, adequate
light, clean air and other civic amenities such as water, electricity, sanitation and roads.

So have easy access to daily opportunities. It was considered the duty of the state to provide
these facilities and opportunities to bring Dalits and tribals into the mainstream of national
life based on their basic human and constitutional rights. The Supreme Court, therefore,
unequivocally asserted in its judgment: “The right to shelter should be considered a
fundamental right when it is used as an essential requirement for the right to life.

 CONCLUSION :

In conclusion, the Supreme Court in this case held that by its judgment the importance of the
right to life and the right to shelter is a fundamental right and in any case such action would
not be said to violate its fundamental right guaranteed under Article 21 of the Constitution of
India. The Indian judiciary provided better clarification on the right to life and individual
liberty under Article 21 of the Constitution.

The Supreme Court not only explained the intuitive human qualities of Section 21, but also
established certain procedures for enforcing them. This makes the legal rules wonderful and
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meaningful. Every interpretation or practice in relation to Section 21 is aimed at achieving

the justice mentioned in the preamble, especially through all-round development of citizens.
Each interpretation provided an attempt to meet the basic needs of man, while at the same
time protecting dignity. The death penalty for murder, treason, arson, and rape was widely
used in ancient Greece under Drago's laws (7th century BC), although Plato argued that it
should only be used by those who could not fix it. Although citizens were granted short-term
exemptions during the Republican period, the Romans used it for a wide range of crimes.

It has been allowed by most major religions of the world at one time or another. For example,
adherents of Judaism and Christianity claim to find a justification for the death penalty,
saying, "Whoever sheds his blood sheds his own blood" (Genesis 9: 6). However, the death
penalty has been imposed for deaths that do not result in the loss of many lives, including
prostitution and slander. The ancient legal doctrine Lex Talionis (Dalian) - "one eye for one
eye, one tooth for one tooth, one life for life" - which appears in Hammurabi's Babylonian
code, was not used proportionately to confirm the death penalty in some communities.

Only the president has the power to grant clemency in cases involving the death penalty.
Once an offender is sentenced to death in a case, it must be confirmed by the High Court. If
the appeal filed by the accused fails in the Supreme Court, he can submit a ‘mercy petition’ to
the President of India. Comprehensive procedures regarding this procedure should be
 Page 30 of 32

followed for handling petitions for clemency on behalf of or on behalf of convicts sentenced
to death. Appeals to the Supreme Court and special leave to appeal to that court by such
offenders shall be set by the Ministry of Home Affairs. Under Article 72 of the Constitution
of India, the President has the power to grant amnesty, redemption, retaliation or punishment
or to suspend, send or reduce the sentence of any person convicted of a crime.

The death penalty is the death penalty, or the death penalty. The penalty for punishing
someone in this manner is death. Crimes that lead to the death penalty are called the death
penalty or the death penalty. The word capital is derived from the Latin capital, meaning
"about the head" (referring to the execution by beheading). The death penalty has, in the past,
been practiced by most communities as a punishment for criminals and political or religious
opponents. Historically, executions were often subject to torture, and the death penalty was
largely public.

36 countries strictly adhere to the death penalty, 103 countries abolished it altogether for all
crimes, only 6 abolished it for ordinary crimes (while maintaining it for special circumstances
such as war crimes), and 50 countries abolished it (not subject to a minimum of ten years
and / or prohibition). Almost all countries in the world prohibit the execution of persons
under the age of 18 during crimes; Since 2009, only Iran, Saudi Arabia and Sudan have
carried out such executions. This type of execution is prohibited under international law.
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 BIBLOGRAPHY :

 http://www.legalservicesindia.com/
 https://www.mondaq.com/
 https://www.lawctopus.com/
 https://byjus.com/
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