POWERPOINT PRESENTATION ON Khasra

Number

TITLE-
COMPREHENSIVE ANALYSIS OF VALIDITY OF HOARDING

AND ITS COMPARISION FROM OTHER COUNTRIES

AMIYA BHUSHAN
SCHOOL OF LAW,
BALLB 9TH SEM
GURUGHASIDAS VISHWAVIDYALAYA,
ROLL 16001105
BILASPUR, CG.
ENROLL. GGV/16/2009
 CAPITAL PUNISHMENT IN INDIA

• Death Sentences under the Hindu Law- The ancient law of crimes in India provided death sentence for

quite a good number of offences viz., the Mahabharata and the Ramayana also contain references about the

offender being punished with mrityu-danda which meant amputation by bits.

• Death Sentence under the Muslim Law- During the medieval period, when Mughal rules over Indian, the

main system of criminal law administered was Quranic one.

• Death Sentence under the British Rule in India- The present Indian laws such as IPC, CrPC derive their

origin from the British Rule.

 OFFENCES PUNISHABLE WITH DEATH SENTENCE UNDER IPC

• Waging war against the government- section 121.

• Abetment of mutiny- section 132.
• Giving or fabricating false evidence leading to procure one's conviction for capital offence- section 194.
• Murder- section 302.
• Abetment of sucide of child or insane person- section 305.
• Attempt to muder by a life convict, if hurt is caused- section 307.
• Dacoity with murder- section 396.
• Kidnapping for ransom etc- section 364 A.
 VIEWS OF LAW COMMISSION ON CAPITAL PUNISHMENT

• The debate on death penalty in India has gathered more steam following the 262nd report of the Law

Commission that came out in August 2015.

• In its previous major review in 1967, the commission had concluded that India could not risk the “experiment

of abolition of capital punishment.”

• This time around “the Commission feels that the time has come for India to move towards abolition of the

death penalty”. It concludes that death penalty should eventually be abolished in India except in cases of

terrorism and waging of war against the state to safeguard national security.
 RELEVANCY OF DEATH PENALTY: SHOULD IT BE ABOLISHED OR NOT?

 The debate on the death penalty is a never ending one. While some are in favor of it, others give various reasons to abolish it.

Arguments for death sentence-

• Elimination of murderers by execution is fair retribution and serves the ends of justice

• Death penalty shows society’s reaction to heinous crimes.

• One, who ends somebody’s life, forfeits his right to life.

• Some authorities believe that death penalty is less cruel than a prolonged life imprisonment.

Arguments against death penalty-

• It may result in great injustice to the person wrongly sentenced to death.

• Death penalty is unjust and often discriminatory against poor who cannot afford to defend themselves properly against a

homicide charge.

• It denies the possibility of reformation and rehabilitation of the offender

 ENGLISH LAW ON DEATH PENALTY

• Dr. Fitzgerald observed that the history of capital punishment in England for the last two hundred years

recorded a continuous decline in the execution of this sentence.

• Bentham and Bright, the two eminent English law reformers and Sir Samuel Romilly also advocated a view

that the use of capital punishment should be confined only to the cases of intentional and wilful murders.

• The findings of British Royal Commission on Capital Punishment that was appointed in 1949 this

Commission, death sentence was suspended in England and Wales for five years from 1965 and was finally

abolished by the end of 1969.

 DEATH SENTENCE IN U.S.A.

• The retention of death penalty in USA is still considered to be morally and legally just though it may be rarely carried into

practice.

• The developing trend in America is to restrict capital punishment only to the offence of murder and rape.

• Several American States have abolished death punishment with beneficial results. However, in some parts of the United

States death penalty has been retained only for the murder of a prison officer by a life convict.
 SUGGESTION

• The capital punishment must be retained for incorrigible and hardened criminals but its use should be limited to ‘rarest of rare cases’.

• The removal of mandatory death sentence for Murderers and allowing judicial discretion to commute it to life imprisonment in suitable

cases is perhaps the most appropriate approach to the use of capital punishment.

CONCLUSION

• It may be concluded that though capital punishment  is devoid of any practical utility yet its retention in the penal law

seems expedient keeping in view the present circumstances when the incidence of crime is on a constant increase.

Time is not yet ripe when complete abolition of capital punishment can be strongly supported without endangering the

social security. As it serves as a reminder to everyone that in case of unpardonable crime one has to forfeit his own right

to life and survival.