Thursday, 10 February 2022

Death sentence


Death sentence of Dhananjay Chaterjee turned into performed on 14th August 2004, and he became hanged till death, after confirmation by means of the excellent courtroom and rejection of his mercy Petition through the Hon'ble president. The case towards him was that he hit a lady aged 14 years, brutally on head, and at the same time as the lady become dying, she changed into raped through the accused. end result: ultimately the woman died. The session's court docket considered it because the rarest of rare case. high courtroom affirmed the death sentence and the enchantment against the excessive Courts order became brushed off with the aid of the S.C.
even as most people of human beings in this United States welcomed the execution, there were some agencies and those who without delay outlaw capital punishment for any type of offence and therefore, they hostile Dhananjay's loss of life sentence as nicely. All this opposition caused a big drama earlier than the sentence turned into completed and a desperate strive become made to hold the issue of demise sentence alive.
We because the member of this prison fraternity has visible this query being tossed up a no. of times and each time it has been settled down with the aid of the honorable Courts. None of us would love to enter the talk of " whether or not capital punishment must be abolished or no longer" once more. but, at this factor of time while the problem is still raging, it'll be appropriate to remind ourselves as to how the legislatures and the apex courtroom have handled this trouble on every occasion it has arisen before them. every other issue is concerning the volume of judicial discretion.

The Indian penal code changed into drafted by the 1st regulation commission of India and it is going without announcing that it's far one of the most wonderfully drafted legal guidelines in India. this is what the authors of the Code had to mention approximately demise as a punishment: -
" we're convinced that it must be very sparingly inflicted, and we endorse to rent it most effective in instances in which either homicide or the best offence towards the nation has been devoted. "

it is able to be pertinent to mention right here that the Indian criminal jurisprudence is based on a mixture of deterrent and reformative theories of punishment. even as the punishments are to be imposed to create deter amongst the offenders, offenders also are to be given opportunity for reformation. maintaining these theories in mind, the legislatures drafted Sec. 354 (3) of the Crpc. This subsection essentially lays down those unique motives are to be recorded with the aid of the court for implementing demise punishment in capital offences. for that reason, the location of law after Represent. 1973 have become that the general rule become life imprisonment whilst the dying sentence was to be imposed handiest in special cases Despite the fact that full discretion is given to judges, in ultimate analysis, it can safely be said that such wide discretion has resulted into enormously varying judgments, which does not portray a good picture of the justice delivery system. What is needed to be done; therefore; is to revise and review the guidelines and principles laid down in cases like Bachan Singh or Machhi Singh, or if it is felt that these guidelines still stand firm and fit perfectly in the present social scenario, then these guidelines have to be strictly complied with, so that the persons convicted for offence of similar nature are awarded punishments of identical degree.

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