Debate 002 : Is the death penalty appropriate? Or should it be banned?

[Kashmiri Pandit]

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 commitpolice 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 if u can't change the world just change the word
End death penalty, keep it only for terror: Law panel tells government | The Indian Express

Can we consider Rape or Murder or Serial Murder as act of Terror ?

 

[JonAsad]

Is the death penalty appropriate? Or should it be banned?

1. Yes
2. No

Source: Debate 002 : Is the death penalty appropriate? Or should it be banned?
@Kashmiri Pandit
this is your question.
how can i answer the first part of your question as Yes and No to the second?- what stupid options are those-

 

[Kashmiri Pandit]

Is the death penalty appropriate? Or should it be banned?

1. Yes
2. No

Source: Debate 002 : Is the death penalty appropriate? Or should it be banned?
@Kashmiri Pandit
this is your question.
how can i answer the first part of your question as Yes and No to the second?- what stupid options are those-

I was about to change the polls but some one voted , so i could not change the options , Yes and No .
So caste your vote for 2 question and Express your views .

Sorry !

 

[calmDown@all]

Can we consider Rape or Murder or Serial Murder as act of Terror ?

India[edit]
The Supreme Court of India adopted Alex P. Schmid's definition of terrorism in a 2003 ruling (Madan Singh vs. State of Bihar), "defin[ing] acts of terrorism veritably as 'peacetime equivalents of war crimes.'"[49][dubious – discuss] The now lapsed Terrorist and Disruptive Activities (Prevention) Act specified the following definition of terrorism:

"Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act."