Eassy on death penalty (capital sentence). Argument in favour or against death penalty. Death penalty kya hai?

Eassy on death penalty (capital sentence). Argument in favour or against death penalty. Death penalty kya hai?

Death penalty has always been used in effective punishment for murderers and dangerous offenders .It has both deterrent and preventive effect.
      Death penalty is this severest and last punishment . It is also known as capital punishment . It is given in rarest of rare cases.

What is death penalty?

Death penalty means punishment of death. The simple meaning of this is to cause death of criminal.
           In simple words, it can be said that such punishment which causes death of a person is capital or death sentence.

Object-

     The main object of death penalty is to prevent crime .  The people are terrorised by means of death sentence so that they  should not  move towards crime.
The main objective of death penalty is to prevent crimes. The people are terrorised by means of death sentence so that they should not move towards crime. This is the reason that it is known as revengeful sentence. The criminologists have to say that the severest the punishment, the less the crimes. The death sentence causes terror in the mind of people so that do not dare to commit crime.
According to David Dressler, the idea of revenge has behind death sentence. In his opinion-to take life of a person who takes the life of other is justified.
The revengeful theory of punishment says that life shall go for life, hand for hand, and foot for foot, eye for eye and tooth for tooth. One of the objectives of death sentence is to secure the society from the terror of most severe and habitual criminals.

Methods

Different methods have been in use for exercising death sentence till date but there is a lot of difference in the methods used  in the past and present. In the past, the methods of causing death sentence were very cruel and barbaric but in the present, the life is  ended by hanging the criminal. The following methods have been in use for implementation of death sentence:
(a) to burn the criminal while he is alives.
(b) to put him in the wall.
(c) to separate the skin from the bone.
(d) to separate his head from the body.
(e) to throw before the wield beasts.
(f) to put in boiling water or oil.
(g) to make him drowned in the water.
(h) to cut separate all organs.
(i) to kill by throwing stones or to beat with stones.
(j) to hang till death.
(k) to shoot him by bullet.
(I) to put in the cage of lion.
(m) to administer poison.
(n) to tie with stones and to put in water.
(o) to crush by feet of elephant.
(p) to touch hot iron bars .
(q) to throw underneath the mountain etc.

Indian position-

            The Indian Penal Code provide capital punishment for certain specified crime which are following-
1. Waging war against Government of India (section 121 IPC).
2. Abatement of mutiny ( section 132).
3. Fabrication of false evidence leading to one's conviction for capital punishment (section 194).
4. Murder ( section 302).
5. Murder by a Convict undergoing a term of life imprisonment ( section 303).
6.Abetment of suicide of child or  insane person  (Section307).
7. Dacoity with Murder( section 396).

In what cases, Death Sentence should be Awarded-

This is a most serious question as to in what cases, death penalty should be awarded ? The normal notion is that this punishment should be awarded in most serious cases. Many court decisions be awarded in rarest of rare cases.
In State of Uttar Pradesh V/s Satish, A.IR. 2005 SC 1000) the Supreme Court has decided that the death sentence is justified in rarest of rare cases. To rape with a six years girl and to cause death is the rarest case and to award punishment of death cases is justified. The court said, it is the duty of courts to prevent miscarriage of  justice.
In Susheel Vs State of Jharkhand (A.I.R 2004 SC 394) and Subhash Ram Kumar Vis State of Maharashtra (A.I.R. 2003, SC 269) it has been said that death sentence should be given in rarest of rare cases.
To determine rarest of rare case depends upon the nature and cricumstances of each case. In Suresh V/s State of Uttar Pradesh (A.I.R. 2001 SC 1344); killing the whole family of a brother was considered as the case in which death sentence was justified.

Argument in favour of death penalty-

The following argument given in support death penalty -
1. Death penalty creates terror  in the mind of people so that they do not dare to commit crime.
2. Death penalty is the proper remedy for born criminals.
3. In case of severe and  habitual criminal, death penalty is appropriate punishment for them because they are not affected by other punishments.
4. It is very convenient and most economical punishment.
5. Death penalty is less torture because the death of a criminal takes place within a few moments.
6. This punishment acts as a revenge when anybody takes away the life of anyone, there is no harm in taking his life ( life shall go for life).
7. Death penalty  is inevitable  to  check the crime. By means of this punishment the criminal is separated from society forever with the result the crimes are not repeated.

Argument against death penalty-

1. Checking up of crimes is not possible even by terror. If the crimes could have been eliminated because of death penalty, then crime should not have been committed in the society because death penalty is prevalent in society from unmemorial  time.
2. This thinking is defective that some are born  criminals which can be cured by death penalty only. Infact nobody is born criminal. There are some circumstances which make them criminal.
3. It is wrong to think that death  sentence is convenient and less expensive.
4. The criminal has  to face many torture in this punishment.
5. This is a method of violence which is not proper for countries who believe in non-violence.
6. Death penalty reduced the reverence for life.

Conclusion-

       From the above analysis, the advantage and disadvantage of death penalty become clear . The conclusion is that it should be  awarded in the rarest of rare cases .