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India retains capital punishment for a number of serious oences.[1] The Supreme Court of India has allowed
the death penalty to be carried out in 5 instances since
1995,[2][3][4][5] while a total of 26 executions have taken
place in India since 1991.[6]
State of Punjab
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent the
commission of oences of atrocities against the members
of the Scheduled Castes and the Scheduled Tribes. Under
Section 3(2)(i) of the Act, bearing false witness in a capital case against a member of a scheduled caste or tribe,
resulting in that persons conviction and execution, carries the death penalty[26] In 1989, the Narcotic Drugs and
Psychotropic Substances (NDPS) Act was passed which
applied a mandatory death penalty for a second oence
of large scale narcotics tracking.
2 Capital oences
3 Clemency in the Indian Constitution
1.3
Curative petition
4.1 Hanging
The Code of Criminal Procedure (1898) called for
the method of execution to be hanging. The same
method was adopted in the Code of Criminal Procedure
(1973).[47] Section 354(5) of the above procedure reads
as When any person is sentenced to death, the sentence
shall direct that the person be hanged by the neck till the
person is dead.
4.2
Shooting
The Army Act, The Navy Act and The Air Force Act also
provide for the execution of the death sentence.[48] Section 34 of the Air Force Act, 1950 empowers the court
martial to impose the death sentence for the oences
mentioned in section 34(a) to (o) of The Air Force Act,
1950. Section 163 of the Act provides for the form of the
sentence of death as:In awarding a sentence of death, a courtmartial shall, in its discretion, direct that the
oender shall suer death by being hanged by
the neck until he be dead or shall suer death
by being shot to death.
This provides for the discretion of the Court Martial to
either provide for the execution of the death sentence by
hanging or by being shot to death. The Army Act, 1950,
and The Navy Act, 1957 also provide for the similar provisions as in The Air Force Act, 1950.
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REFERENCES
10 References
[1] Majumder, Sanjoy. "India and the death penalty. BBC
News 4 August 2005.
[2] Yakub Memon, third terror convict executed in 4 years.
[3] Explained: In the Supreme Court, some questions of Life
and Death.
[4] Yakub Memon case: Death penalty in India, by the numbers.
[5] " ".
[6] "'Just 4 of 26 hanged since '91 Muslims".
[7] VENKATESAN, V. (7 September 2012). A case against
the death penalty. Frontline. Retrieved 30 July 2013.
[8] "'Number of executions much higher than 52.'" Times of
sembly Plenary 76th & 77th Meetings. ANNEX VI. Retrieved 30 July 2013.
[19] Rajendra Prasad vs. State of Uttar Pradesh on 9 February, 1979. indiankanoon.org.
[20] Jagmohan Singh vs. State of Uttar Pradesh on 3 October,
1972. indiankanoon.org.
[21] Bachan Singh vs. State of Punjab on 9 May, 1980. indiankanoon.org.
See also
Curative petition
Capital punishment in Pakistan
[22] Honour killings: Indias top court calls for death penalty.
The Sydney Morning Herald. 10 May 2011.
[23] Hang cops involved in fake encounters: Supreme Court.
NDTV.com. 8 August 2011. Retrieved 23 April 2013.
[24] Is death for kidnap and ransom fair?". The Hindu. 5 July
2013. Retrieved 29 July 2013.
[49] Centre sends nal opinion to President on 27 mercy petitions. The Times of India.
[50] Will the Gavit sisters, serial killers of children, be the
rst women to be hanged?".
[51] Yakub Memon and 23 other mercy pleas rejected by
President Pranab Mukherjee.
[52] President Pranab rejects 12 mercy pleas, a rst in India.
[53] The last hanging took 14 years after rape and murder.
[54] Book review: KR Meera borrows liberally from the mystique of the Dhananjoy hanging in Hangwoman.
[55] How India hanged a poor watchman whose guilt was far
from established.
[56] Irani, Delnaaz (3 May 2010). Surviving Mumbai gunman convicted over attacks. BBC News. Retrieved 3 May
2010.
[43] http://indiacode.nic.in/acts-in-pdf/132013.pdf
[44] Gujarat introduces death penalty for toxic alcohol. BBC
News.
[67] Beant killer won't be hanged on March 31, News Nation. Mumbai Mirror. Retrieved 23 April 2013.
[68] Chandigarh: Youth gets death for rape, murder of 75year-old woman : North, News India Today. Indiatoday.intoday.in. 13 March 2012. Retrieved 23 April 2013.
[70] http://www.hindustantimes.com/Punjab/Chandigarh/
Youth-gets-death-for-rape-murder-of-75-yr-old-in-Sirsa/
SP-Article1-824876.aspx
[48] Consultation paper on mode of execution of death sentence and incidental matters (PDF). Law commission of
India. Retrieved 29 July 2013.
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