CAPITAL PUNISHMENT by Waseem I. Khan

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Waseem I. Khan Assistant Professor, Shri Shivaji Law College, Parbhani, Maharashtra, India.

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CAPITAL PUNISHMENT :

CAPITAL PUNISHMENT By Waseem I. khan Assistant Professor Shri Shivaji Law College, Parbhani, Maharashtra contact: waseemikhan03@gmail.com

INTRODUCTION:

INTRODUCTION Capital punishment, or the death penalty, is the killing of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin word ‘ capitalis’ , literally means "regarding the head" (Latin caput). Hence, a capital crime was originally one punished by the severing of the head.

MEANING OF CAPITAL PUNISHMENT:

MEANING OF CAPITAL PUNISHMENT The infliction of death by an Authority as a punishment is called capital punishment.

HISTORY OF CAPITAL PUNISHMENT:

HISTORY OF CAPITAL PUNISHMENT Egypt introduces capital punishment in 16 th century BC. By 7 th century BC Draconian Code of Athens provided the death penalty for all crimes. Greek philosopher Socrates is executed by being forced to drink poison. 29 AD Crucifixion of Jesus Christ. 1279, 89 Jews were hanged. 1531, boiling to death was accepted as a death penalty. 1924, first execution by cyanide gas took place in Nevada. 1930, Mrs. Eva Dugan was the first female to be executed in Arizona. 1965, New York, West Virginia and Vermont ended the death penalty.

Ancient: MODES OF EXECUTION :

Crushing by elephant Execution by elephant was a common method of capital punishment in South and Southeast Asia, and particularly in India. Asian elephants were used to crush, dismember, or torture captives in public executions. The animals were trained and versatile, both able to kill victims immediately and to torture them slowly over a prolonged period. Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Death by Boiling Death by boiling is a method of execution in which a person is killed by being immersed in a boiling liquid such as oil or water. While not as common as other methods of execution, boiling to death has been used in many parts of Europe and Asia. Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION :

Ancient: MODES OF EXECUTION Beheading Beheading , a mode of executing capital punishment by which the head is severed from the body. The ancient Greeks and Romans regarded it as a most honorable form of death. Before execution the criminal was tied to a stake and whipped with rods. In early times an ax was used, but later a sword ,

Ancient: MODES OF EXECUTION :

Ancient: MODES OF EXECUTION Buried Alive Premature burial leads to death through one or more of the following : asphyxiation, dehydration, starvation, or (in cold climates ) hypothermia .

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION Drowning In the middle ages, execution by drowning was so common that grants of the right to inflict capital punishment ran, " with pit and gallows." The offender  was to be tied up in a sack and cast into the sea . The last execution by drowning in Switzerland was in 1652, in Austria in 1776, in Iceland in 1777

Ancient: MODES OF EXECUTION :

Ancient: MODES OF EXECUTION Burning Alive Deliberately causing death through the effects of combustion, or effects of exposure to extreme heat, has a long history as a form of capital punishment. Many societies have employed it as an execution method for such crimes as treason, rebellious actions by slaves, heresy, witchcraft and demonstrated sexual deviancy.

Ancient: MODES OF EXECUTION :

Ancient: MODES OF EXECUTION Gradual death from insect bite The intended victim was stripped naked and then firmly fastened within the interior space of two narrow rowing boats, honey would be poured on him to attract insects, with special attention devoted to the eyes, ears, mouth, face. In some cases, the executioner would mix milk and honey and pour that mixture all over the victim.

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

Ancient: MODES OF EXECUTION:

Ancient: MODES OF EXECUTION

MODES OF EXECUTION IN RECENT TIME:

MODES OF EXECUTION IN RECENT TIME Hanging For execution by this method, the inmate may be weighed the day before the execution, and a rehearsal is done using a sandbag of the same weight as the prisoner.   The knot should be lubricated with wax or soap "to ensure a smooth sliding action.

MODES OF EXECUTION IN RECENT TIME:

MODES OF EXECUTION IN RECENT TIME Lethal Injection In 1977, Oklahoma became the first state to adopt lethal injection as a means of execution, though it would be five more years until Charles Brooks would become the first person executed by lethal injection in Texas on December 2, 1982.  the inmate is injected with sodium thiopental - an anesthetic, which puts the inmate to sleep .  Next flows pavulon or pancuronium bromide, which paralyzes the entire muscle system and stops the inmate's breathing .  Finally, the flow of potassium chloride stops the heart.

MODES OF EXECUTION IN RECENT TIME:

MODES OF EXECUTION IN RECENT TIME Electric Chair New York built the first electric chair in 1888 and executed William Kemmler in 1890 .  For execution by the electric chair, the person is usually shaved and strapped to a chair with belts that cross his chest, groin, legs, and arms . A metal skullcap-shaped electrode is attached to the scalp and forehead over a sponge moistened with saline.  A jolt of between 500 and 2000 volts, which lasts for about 30 seconds, is given.  the prisoner's eyeballs sometimes pop out and rest on [his] cheeks . The body turns bright red as its temperature rises, and the prisoner's flesh swells and his skin stretches to the point of breaking.

MODES OF EXECUTION IN RECENT TIME:

MODES OF EXECUTION IN RECENT TIME Firing Squad On March 23, 2015, firing squad was reauthorized in Utah as a viable method of execution. For execution by this method, the inmate is typically bound to a chair with leather straps across his waist and head, in front of an oval-shaped canvas wall . The chair is surrounded by sandbags to absorb the inmate's blood .  A black hood is pulled over the inmate's head. A doctor locates the inmate's heart with a stethoscope and pins a circular white cloth target over it. Standing in an enclosure 20 feet away, five shooters are armed with .30 caliber rifles loaded with single rounds . The prisoner dies as a result of blood loss caused by rupture of the heart or a large blood vessel, or tearing of the lungs. 

MODES OF EXECUTION IN RECENT TIME:

MODES OF EXECUTION IN RECENT TIME Gas Chamber In 1924, the use of cyanide gas was introduced as Nevada sought a more humane way of executing its inmates . Gee Jon was the first person executed by lethal gas .  For execution by this method, the condemned person is strapped to a chair in an airtight chamber .  Below the chair rests a pail of sulfuric acid .  A long stethoscope is typically affixed to the inmate so that a doctor outside the chamber can pronounce death . The warden then gives a signal to the executioner who flicks a lever that releases crystals of sodium cyanide into the pail . This causes a chemical reaction that releases hydrogen cyanide gas .

ARGUMENTS IN FAVOUR & AGAINST CAPITAL PUNISHMENT:

ARGUMENTS IN FAVOUR & AGAINST CAPITAL PUNISHMENT FOR AGAINST It deters people and other criminals. It is a social need. It saves the state money. Humanitarian. It is definite. It is moral war. Selected process to fight with anti social elements, It is legal demand. It cannot deter the criminals and peoples. It is not a social need. It does not save the public money. It is inhuman and barbaric. Law is not definitive but change. Moral values are not inherited. It is not selected process to fight with anti social elements .

ARGUMENTS IN FAVOUR & AGAINST CAPITAL PUNISHMENT:

ARGUMENTS IN FAVOUR & AGAINST CAPITAL PUNISHMENT For Against It is given in rarest of rare case. Reduces crowd in jail. Recidivist. To abolish death sentence is the function of legislator not the judiciary. Grave injustice may be caused to innocent & poor persons. Germs of crime are within the society. It is against reformation. It is retributive. Against the nature. It may be reasonably be substituted in form of life imprisonment .

CAPITAL PUNISHMENT IN INDIA:

CAPITAL PUNISHMENT IN INDIA The Supreme Court of India ruled in1983 that the death penalty should be imposed only in rarest of rare cases. Between 1975 to 1991 about 40 people were executed. On April 27 th 1995 Auto Shankar was hanged in Salem central prison India. Since 1995 Dhananjay Chaterjee, Afzal Guru, Ajmal Kasab &Yakub Memon were hanged.

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT:

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT In Jagmohan Singh v. State of U. P. AIR 1973 SC 997 Points of Arguments. Death penalty for murder is constitutionally invalid . Violative of Art. 14 as in two similar cases one may get death penalty and other life imprisonment. Mr. R. K. Garg counsel for the appellant contended that the discretion given to the Judges to impose Capital Punishment or imprisonment for life is uncontrolled and unguided. Supreme Court does not find any merit in this case.

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT:

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT Bachan Singh v. State of Punjab Capital punishment is violative of Art. 19 of the Constitution because the freedom guaranteed therein cannot be enjoyed without the basic right to life. Capital punishment as an alternative punishment in Sec. 302 of IPC violates Art. 21. India was a party to the Stockholm Declaration of 1977 was committed to abolish death sentence. The court through the majority of four judges rejected all the contention and did not find it to be unconstitutional .

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT:

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT Shashi Nayar v. Union of India Raj Gopal Nayar the petitioner's husband was sentenced to death for killing his father and step mother. Same argument as in Bachan Singh & Jagmohan Singh. Capital punishment is an exception and not the rule in Indian Law. Court awarding has to explain that the case falls within the definition of rarest of rare case.

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT:

CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT Machi Singh v. State of Punjab Provide guidelines regarding rarest of rare case. Manner of commission of murder. House of the victim is set aflame. Victim is subjected to inhuman acts or torture. Body of victim is cut into pieces. Motive for commission of murder Hired assassin commits murder for the sake of money. Cold blooded murder in order to inherit property. Murder committed in course for betrayal of mother land.

Continues……….:

Continues………. c . Anti social or socially abhorrent nature of crime. Murder of SC & minority community. Dowry death in order to remarry for the sake of extracting dowry once again. Magnitude of offence. Personality of victim of murder. An innocent child. A helpless women or person rendered helpless by old age or infirmity. Victim is in domination of murderer. Victim is generally loved and respected by the community .

Conclusion:

Conclusion The death penalty is no doubt unconstitutional if imposed arbitrarily but it if administered rationally, objectively and judiciously, it will enhance people’s confidence in criminal justice system.

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