Capital Punishment and Statutory Frame Work in India

26 Pages Posted: 19 Sep 2007

Date Written: September 19, 2007

Abstract

As far as India is concerned, the provisions relating to Capital Punishment are embodied in Indian Penal Code and Criminal Procedure Code. Indian Penal Code is the substantive law, which suggests the offences, which are punishable with death sentence. Criminal Procedure Code is the procedural law, which explains the procedure to be followed in death penalty cases. The substantive law of India viz., Indian Penal Code was enacted in the year 1860. Though very few Amendments are made here and there, in total it remains unchanged, where as Criminal Procedure Code was amended substantially once in 1955 and reenacted in 1972. Though majority of the provisions remain unchanged Section 235(2) and Section 354(3) underwent a major change. The present chapter mainly deals with the substantive and procedural laws pertaining to Capital Punishment. It is also proposed to discuss the power of the executive to grant pardon and commute death into life imprisonment as provided under the Indian Constitution.

Keywords: Indian Penal Code, Criminal Procedure Code, Capital Punishment, Death Penalty, Pardon, Remission, Respite, Reprive, President, Governor

JEL Classification: K1

Suggested Citation

Areti, Krishna Kumari, Capital Punishment and Statutory Frame Work in India (September 19, 2007). Available at SSRN: https://ssrn.com/abstract=1015473 or http://dx.doi.org/10.2139/ssrn.1015473

Krishna Kumari Areti (Contact Author)

GMR Group of Companies - Legal Department ( email )

Bangalore
India

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