A Report On Capital Punishment - amazonia.fiocruz.br

What: A Report On Capital Punishment

The death penalty is a legal punishment in Indiaand is permissible for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Currently, there are around [1] prisoners on death row in India.

The most recent executions in India took place in Marchwhen the four men convicted of the gangrape and murder of Jyoti Singh in Delhi in December were hanged in the Tihar Prison Complex in Delhi. In the Code of Criminal Procedure CrPCdeath was the default punishment for murder and required the concerned judges to give reasons in their judgment if they wanted to give life imprisonment instead.

The CrPC, also bifurcated a criminal trial into two stages with separate hearings, one for conviction and another for sentencing.

After the completion of proceedings as prescribed by the Code of Criminal Procedure, the judge pronounces the judgment in a case under Section The Code of Criminal Procedure,also contains a provision regarding special reason for death sentence. After the decision and sentencing by the Court of Sessions, a high court needs to confirm it for the death sentence to be valid. The high court may confirm the death sentence awarded by the Court of Sessions, pass any other sentence warranted by law, annul the conviction, convict the person of any offence for which the Court of Sessions might have convicted her, order a new trial on the same or amended charge or acquit the accused person under Section[31] Code of Criminal Procedure.

The High Court shall not enhance the sentence awarded to the accused without giving her a reasonable opportunity A Report On Capital Punishment showing cause against such enhancement and while showing such cause, the accused may even plead for acquittal or reduction of sentence awarded by the Court of Session.

Trump’s ‘Lynching’ Tweet Reminds Twitter Of The Time He Wanted The ‘Central Park 5’ Executed

The High Court also has the power under Section of the CrPC to withdraw a case pending before a subordinate court and conduct the trial, and may award the sentence of death. Exercising its power under Articlethe Supreme Court decides whether the special leave petition deserve to be heard as appeals. Correcting an earlier trend of dismissal of SLPs involving the death sentence Punisument A Report On Capital Punishment dismissal of Special Leave Petition at the threshold without giving any detailed reasons it was held in two cases of Babasaheb Maruti Kamble v. State of Maharashtra, November and Jitendra Jeetu v.

Navigation menu

A petition seeking review of a judgment or order passed by the Supreme Court may be filed under Article of the Constitution before the Supreme Court within thirty days from the date of such judgment or order. Such a procedure would be just and fair.

The cases would be heard by a Puinshment of three judges, and the special procedure would apply to all cases of death sentence where the review had been dismissed but the sentence was yet to be executed, including cases brought under Terrorist and Disruptive Activities Prevention Act. Antony Antappan v. State of Kerala, April[45] Md. Mannan Abdul Mannan v. The State Of Maharashtra, October were reopened after being dismissed earlier to be heard in the open court after the above judgement, which resulted in commutations and an acquittal.

The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross A Report On Capital Punishment of justice, it may reconsider its judgements in exercise of its inherent powers.

The curative petition would be disposed of without oral arguments, unless ordered otherwise by the Supreme Court. Articles 72 and of the Constitution give power to Punisnment President of India and the Governor to grant pardons and to suspend, remit or commute sentences in certain cases. Various legal issues surrounding mercy petition has arisen time and again, one of them being delay. Sriharan Murugan v. In the case of Shatrughan Chauhan v.]