Executed But Possibly Innocent | Death Penalty Information Center
You were wrong, My Lords
where as in INDIA
On social media, a raging debate with dubious data
Bharatiya Janata Party leader Subramanian Swamy – reacting to assertions that only Muslims were being hanged – recently said that 170 people have been hanged in India after 1947 with only 15 of them Muslims, according to Asian News International.
Since independence, at least 60 Muslim (according to their surnames) convicts were hanged, according to the Death Penalty Research
Report by National Law University, Delhi.
The report compiled data from central prisons but is not an exhaustive list because many states did not provide complete information. Some states provided such reasons: Kerala and Andhra Pradesh authorities said termites destroyed records.
The 35th Law Commission
report, released in 1967, said more than 1,400 prisoners were executed from 1953 to 1963 but does not give religion-wise details of hanged convicts.
2007: Year of death sentences
The most death sentences were awarded in 2007 (186), followed by 164 in 2005. That year – 2005 – 1,241 death sentences were commuted to life imprisonment, the most ever.
Uttar Pradesh awarded the most death sentences (318) over the last 10 years. Maharashtra was second with 108, followed by Karnataka (107), Bihar (105) and Madhya Pradesh (104).
Top 5 States (Prisoners Awarded Capital Punishment, 2004-2013)
These top five states comprise almost 57% of all capital punishments awarded in the country between 2004 and 2013.
In Delhi, 2,465 prisoners had death sentences commuted to life imprisonment (between 2004 and 2013). Jharkhand and Uttar Pradesh were second with 303 death sentences commuted to life imprisonment, followed by Bihar (157) and West Bengal (104).
Bachan Singh vs State of Punjab, 1980[edit]
The Constitution Bench judgment of
Supreme Court of India in Bachan Singh vs State of Punjab (1980) (2 SCC 684) made it very clear that Capital punishment in India can be given only in rarest of rare cases.
[3][18] This judgement was in line with the previous verdicts in Jagmohan Singh vs State of UP (1973), and then in Rajendra Prasad vs State of UP (1979).
[19][20][21] The
Supreme Court of India ruled that the death penalty should be imposed only in "the rarest of rare cases."
[1]While stating that honour killings fall within the "rarest of the rare" category, Court has recommended the death penalty be extended to those found of committing "
honour killings", which deserve to be a capital crime.
[22] The Supreme Court also recommended death sentences to be imposed on police officials who commit
police brutality in the form of
encounter killings.
[23]
An appeal filed in 2013 by Vikram Singh and another person facing the death sentence questioned the constitutional validity of Section 364A of the Indian Penal Code.
[24]
Capital offences[edit]
Section under IPC or other law Nature of crime
120B of IPC Being a party to a criminal conspiracy to commit a capital offence
121 of IPC Waging, or attempting to wage war, or abetting waging of war, against the Government of India
132 of IPC Abetting a
mutiny in the armed forces (if a mutiny occurs as a result), engaging in mutiny
194 of IPC Giving or fabricating false evidence with intent to procure a conviction of a capital offence
302, 303 of IPC Murder
305 of IPC Abetting the suicide of a minor, mentally ill person, or intoxicated person
Part II Section 4 of Prevention of Sati Act Aiding or abetting an act of
Sati
364A of IPC Kidnapping, in the course of which the victim was held for ransom or other coercive purposes.
31A of the Narcotic Drugs and Psychotropic Substances Act Drug trafficking in cases of repeat offences
396 of IPC Banditry with murder – in cases where a group of five or more individuals commit banditry and one of them commits murder in the course of that crime, all members of the group are liable for the death penalty.
376A of IPC and Criminal Law (Amendment) Act, 2013 Rape if the perpetrator inflicts injuries that result in the victim's death or incapacitation in a
persistent vegetative state, or is a repeat offender.
[43]
Bombay Prohibition (Gujarat Amendment) Bill, 2009 In
Gujarat only – Manufacture and sale of poisoned alcohol which results in death(s).
[44][45]
SO
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End death penalty, keep it only for terror: Law panel tells government | The Indian Express