Capital Punishment : Hanging with balance

“Date- 20th March 2020

Time- 5.30 am

Place- Tihar Jail, Delhi

The four persons convicted in horrifying 2012 Nirbhaya Gangrape Case were executed by hanging.”

People took a sigh of relief that Justice was finally served after 8 years of struggle and fight. Capital Punishment in cases like this restores faith in Judiciary, but Judiciary often finds itself surrounded by questions that, ‘Why it takes longer time to deliver justice in cases like Nirbhaya?’ Even I used to ask these questions! But completing law, I can see that this has its own reason. Also there is reason for, why Capital Punishment is not given in all severe cases that’s comes into limelight.

Capital Punishment can’t be awarded in every case. The term coined for such case in which Death Penalty can be given is called as ‘Rarest of rare cases’. But still question always crept our minds and even my mind- ‘How do we decide what offence qualifies as rarest of rare?’ Can Death Penalty be given for those offences and, how long before it is executed?

Evolution of Doctrine of “Rarest of rare case”:

The doctrine of rarest of rare was not passed overnight. It was made part of system and accepted gradually . This doctrine was based on two significant pillars-

1) Aggravating circumstances.

2) Mitigating circumstances.

In cases coming under first circumstances, Judges were at will to pass Death Penalty but of the case differed in second scenario. Evidently due to this required balance between both the circumstances, Judicature of India have always been in line of fire of people’s sentiments to punish the offenders and their criticism when the offenders are not given Death Penalty. The aggression is justified but sit and think for one second, Why do judiciary take different stands in for different offenders committing same crime? Answer to this is the very same doctrine which I am talking about. This Doctrine first appeared in case of Maneka Gandhi vs Union of India in which Hon’ble Supreme Court clearly states that Death Penalty can only be given in extreme cases coining the term “Rarest of rare case” for the first time. But the case that cemented this doctrine in its place in Indian Penal Law was the case of Bachan Singh vs State of Punjab, the Supreme court formally accepted this doctrine and stated that Capital Punishment should only be given in “rarest of rare cases”.

Even though offence committed by different person appears to be same, there might be different circumstances which leads to commitment of offence. We were not in those circumstances to say every heinous offence should be punished with Death Penalty. Every small details and reasons have to be taken into consideration by court when dealing with offences punishable with death penalty.

Knowing why Death Penalty is not possible to be given in all cases is because of the procedure which is far more complicated, then it appears from outside. In India, there are 59 Sections in 18 Central Acts which gives Capital Punishment as possible option. The procedure is very lengthy when it comes to execution of Capital Punishment. The offence which is punishable by Death Penalty can be tried by Sessions Court under directions of High Court. Every person is equal before eye of law as enshrined in Article 14 of Indian Constitution and therefore everyone has right to challenge his sentence before highest court of law in the country. Law also allows mercy petition to be given to President to set aside the Death Penalty if so president pleases. Curative Petition can also be filed by convict to challenge his Death Penalty. This prolongs the execution of Death Penalty sentence passed. Even though it takes time but it is proper procedure to be followed even by court. Court cannot simply execute sentence as soon as it is passed.

We are not judge to it. Courts are better in handling such cases. All we can do is try to understand the situation and let court do their job. The main motive is to understand the insights of the situation that court has to face when dealing with cases which are punishable with Death Penalty.

With this I end my blog. I hope I was able to convey the point I was trying to explain. Till next time stay safe, stay healthy.