CAPITAL PUNISHMENT- EXTREMIST OR RAREST?; CASE COMMENTARY ON BACHAN SINGH VS. STATE OF PUNJAB (AIR 1980 SC 898)
Author – DIVYA ISSARANI, Student at Hidayatullah National Law University, Raipur
Best Citation – DIVYA ISSARANI, CAPITAL PUNISHMENT- EXTREMIST OR RAREST?; CASE COMMENTARY ON BACHAN SINGH VS. STATE OF PUNJAB (AIR 1980 SC 898, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 44-48, ISBN – 978-81-960677-8-6.
Abstract
The Indian Penal Code, 1860 was drafted to incriminate certain acts as offences and prescribe punishment for each of them. It lays down as to what is right and wrong along with corresponding penalty for the wrong committed. Crime, as defined by Paul Tappon, is “an intentional act or omission, committed without defence or justification, and sanctioned by the state as a felony or misdemeanour.” Further, it is a deviation from accepted social code of conduct, which the society deems to be an attack on its values that is liable to be punished. Punishment refers to the consequences of a wrongful act committed by a person. There are different kinds of punishment mentioned under Section 53 of the IPC such as, death penalty, imprisonment for life, imprisonment either simple or rigorous, forfeiture of property, fine as well as solitary confinement under Section 73. It is pertinent to note that IPC prescribes more than one punishment for an offence, based on its gravity. The offences that are punishable with death penalty or capital punishment are given under Section 121, 132, 302, 303, 305, 364A, 376E, etc. These sections also mention alternate offences in the form of imprisonment or fine. The major issue is regarding constitutionality of death penalty, which was discussed in plethora of cases on the touchstone of Article 14 and 21, together with analysis of aggravating and mitigating circumstances, leading the court to choose or eliminate capital punishment and whether standards should be fixed to award death penalty.
Key Words: murder, death, penalty, capital punishment, life, constitution.