A CRITICAL ANALYSIS ON DEATH SENTENCE

Madhumouly Maiti

B.A-LLB (6th semester)

INTUG/0301003/2015

The origin of criminal jurisprudence in India can be traced back to 3102 BC from the time of Manu.
There was no criminal law in uncivilized society. Every man was liable to be attacked in his person or
property at any time by any one. The person attacked either succumbed or over-powered his opponent. “A
tooth for tooth, an eye for eye, a life for life” was the forerunner of criminal justice. With the
advancement of civilization, the aggrieved person agreed to accept compensation, instead of killing his
adversary. In Western jurisprudence, the real notion of crime percolated from the Roman law. In modern
times, concept of criminal law is revolutionized.

This paper deals with different types of punishments described by the law in India. Meaning of ‘death
sentence’ and how it has been interpreted case to case. The Indian Penal Code, The Code of Criminal
Procedure and decisions of High Courts and Supreme Court of India are reviewed to make it more
authenticated. How the concept of ‘death sentence’ and ‘life imprisonment’ is changing day by day.

Key Words: Death Sentence, Indian Penal Code, Code of Criminal Procedure, Legal Procedure.
 CONTENT

I. INTRODUCTION.
What is the meaning of the term ‘penology’? Types of punishment and brief about it.
II. MEANING OF LIFE IMPRISONMENT.
Meaning of life imprisonment. Term of life imprisonment.
III. WHAT IS DEATH SENTENCE?
Meaning. Definition. Term of death sentence.
IV. ANALYSIS BETWEEN LIFE IMPRISONMENT AND DEATH SENTENCE.
V. CONSTITUTIONAL VALIDITY OF DEATH SENTENCE.
a. Constitutionality of the provisions of I.P.C. providing for capital punishment.
b. Desirability of Capital Punishment.
VI. PHASE WISE CHANGE IN JUDICIAL MIND IN AWARDING DEATH
SENTENCES
Phase I - When Death Penalty was a Rule (1950-55).
Phase II - Age of Judicial Discretion (1955-73).
Phase III - Life Imprisonment as a Substitute of Death Sentence (1973-80).
Phase IV: Birth of the Doctrine "Rarest of Rare Case" (1980-83).
Phase V: Post Bachchan Singh's Case Era (1983-Qnwards) (A trial period to observe the
post-effects of the doctrine).
VII. RAREST OF THE RARE- MEANING AND CONCEPT.
VIII. CAPITAL PUNISHMENT: JUSTICE OR REVENGE?
IX. EMERGENCE OF ALTERNATIVE PUNISHMENT TO CAPITAL
PUNISHMENT.
X. JUDICIAL REVIEW ON EXERCISE OF MERCY POWER.
XI. CONCLUSION.