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Is Death Penalty Really Suitable For Criminals ?

  • Writer: Lead India
    Lead India
  • May 15, 2023
  • 3 min read

In some criminal cases of severe nature, the Courts can sentence Life Imprisonment or Capital Punishment as per the facts of the case. Depending upon the facts from case to case, the courts would decide upon the punishment to be given.


In the article mentioned below, we must try to understand when a criminal should be given the death penalty or life imprisonment and which punishment will be better in what situations. To better understand the legal provisions involved with the same, it is advised that you seek the assistance of criminal lawyers in kolkata.


The Bachan Singh Case and death penalty-

  • In Bachan Singh v State of Punjab, AIR 1980 SC 898, the validity of death sentence was validated by the Supreme Court of India including the framework for death penalty was also explained .

  • In the case of Bachan Singh, the Apex Court nodded to the validity of the death sentence and provided certain special grounds, commonly referred to as the ‘rarest of the rare’ cases in order to determine the worthiness of a case to be given the sentence of death penalty.

  • Two elements shall be considered when deciding death penalty as punishment for an offence . The Courts will consider the facts, history, previous conduct, mental status and health of the convicts including the details regarding the crime. Also, the court would ensure when deciding the punishment if the offence is of such degree that any other sentence is possible or not.

Life Imprisonment

  • Life imprisonment could be defined as a sanction which has been imposed to punish the wrongdoers with an imprisonment for their lifetime. Recently, there has been an increasing demand for the death penalty, which makes life imprisonment as another option for the death penalty.

  • Life imprisonment is favoured as compared to the punishment of death penalty as death penalty once decided, can never be revoked after a person is dead. Also, mentioned under Section 55 of the Indian Penal Code, the appropriate government can revoke punishment for a period of 14 years.


Life Imprisonment- an alternative to death penalty

  • Death penalty is issued in case of a heinous crime, for the rarest of the rare cases. The courts purposefully order life imprisonment for serious crimes in order to protect their inherent value of life. A few welfare organisations are of the belief that capital punishment will provide punishment to a criminal as he can easily escape by a simple punishment of death.

  • Many researchers are of the opinion that life imprisonment without remittance or parole shall be equivalent punishment to the death penalty, thus allowing courts to punish a criminal without taking his life.

  • It has been observed in reports by the PUCL and Amnesty International that death penalties in India are being imposed in an inconsistent as well as non-uniform manner. In the Ankush Maruti Shinde v State of Maharashtra, six accused were awarded death penalty by the trial court, later the Supreme Court acquitted them. It must be noted that till the time the accused was acquitted, he already had spent 16 years in jail.

  • The death penalty as being irrevocable, is the least appealing kind of punishment. In a few cases, conviction as well as sentence may happen on the very same day, there won’t be any opportunity to sort out such wrongdoing as the person would already be dead. Provided under Section 354(3) of the CrPC, the courts are required to record the reason for awarding the death penalty.

Conclusion-

Life imprisonment as well as death penalty are ordered for the gravest offences. A number of sociological as well as ethical problems surround the punishment of death penalty and many times such punishment is questioned by the society.


But, the offences sometimes committed are so heinous that providing any punishment lesser than the death penalty would be wrong for the victims of such crimes, such as death penalty awarded to Ajbal Kasab after the Mumbai terror attacks is such an example, where killings were so heinous and grave, that any lesser punishment would have been appropriate.


If you are faced with any case of criminal nature or wish to file a complaint for a crime committed against you, you are advised to seek legal assistance from the lawyers in Hyderabad, who will be able to offer you proper advice and guidance for the same.

Lead India offers you a wide pool of experienced advocates who can help you with criminal cases or cases related to the family laws including divorce, child custody etc. Hence, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.



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