Death Penalty

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According to Locke, Punishment is effective when wrongdoers feel that that was an ill bargain for him. The aim of punishment is to serve justice, deterring the criminal and protection of society.

 

In the State of Gujarat v. Ibrahim (1988), the court observed that the quantum of punishment to be given to the wrongdoers has been left at the discretion of the trial court. Every individual has the right to life guaranteed under Article 21 of the Constitution of India.

In Bachan Singh v. the State of Punjab, the court held that punishment for the death penalty is an alternative punishment for murder or any heinous crime. So it is not violative of Article 21 of the constitution of India. In Nirbhaya Case, the public demanded the court to award the death penalty to evil-doers then why the death sentence was not executed by public hanging?

In attorney General of India v. Lachmi Devi (1986) the court held that execution of death sentence by public hanging is violative of Article 21 of the constitution of India as it is barbaric. Basically the death penalty is an alternative punishment for murder. So does it mean that if a person murders someone he should be given the death penalty? The answer is 'no'.

In Jashubha Bharatsinh v. State of Gujarat (1994), the court stated that death penalties to be imposed in the rear of the rarest case for the special reason to be recorded. In Triveniben v. State of Gujarat (1989), the court held that the death penalty won't be converted into imprisonment for life in the ground that execution was delayed.

In the case triveniben v. State of Gujarat (1990), the court held that stay on the execution of the death penalty cannot be permitted on the ground that the accused has donated his kidney or any body part. But the court will consider the circumstances in each case as in Gurcharan v. State (2010), the court observed that the number of past convictions, nature of the offense will be taken into consideration while determining the punishment.

 

 

 

 

 

 

 

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