With SC rejecting Review Petition of Nirbhaya Gangrape & Murder Convicts, Know Which other avenues available to Convicts against Death Penalty?
With Supreme Court rejecting the Review Petition filed by Three Nirbhaya Gangrape and Murder convicts against the award of death sentence, the avenues that are available to Convicts and here’s happens next:
If the Supreme Court turns down Appeal against capital punishment, a condemned prison can submit a mercy petition to President of India and the Governor of the State.
Under Articles 72 and 161 of Constitution of India, President and Governors have the power “to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence”.
This power was without any conditions until the last year’s verdict by the Supreme Court, which held that judicial clemency could be granted on the ground of inordinate delay even after a mercy petition is rejected.
How is the execution of death sentence carried out in India?
Execution is carried out by two modes, namely hanging by the neck till death, and being executed by firing squad.
Code of Criminal Procedure calls for the method of execution to be hanging.
It states that, “When any person is sentenced to death, the sentence shall direct that the person be hanged by the neck till the person is dead.” In Deena vs Union of India (1993), the Supreme Court adjudicated upon whether the execution of death penalty by hanging by rope is constitutional. It held the method prescribed under the CrPC was valid. Death by shooting is contemplated under the Army Act, Navy Act and Air Force Act. They provide 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.
Can an order of execution be challenged in a court of law?
Yes. The procedure for carrying out the execution must also fulfill certain conditions as stipulated by the Supreme Court in Shatrughan Chauhan vs Union of India (2014), and by the Allahabad High Court in Peoples Union for Democratic Rights vs Union of India (2015). The guidelines hold that a death-row prisoner must get free legal aid for drafting a mercy petition and, if it is rejected, an intimation to the prisoner and his family is imperative.
A minimum 14 days’ notice for execution must be given to let him “prepare himself mentally for execution, to make his peace with god, prepare his will and settle other earthly affairs”, besides also allowing him “to have a last and final meeting with his family members.” An execution can be stopped owing to a convict’s physical or mental ill health, the top court has held. The death warrants are issued by the trial court.
What constitutes a “rarest of rare” case?
Principles as to what would constitute the “rarest of rare” has been laid down by Supreme Court in Bachan Singh v. State of Punjab (1980).
Apex Court formulated certain broad illustrative guidelines and said it should be given only when the option of awarding the sentence of life imprisonment is “unquestionably foreclosed”. It was left completely upon the court’s discretion to reach this conclusion.
However, Supreme Court also laid down principle of weighing aggravating and mitigating circumstances. A balance-sheet of aggravating and mitigating circumstances in a particular case has to be drawn to ascertain whether justice will not be done if any punishment less than the death sentence is awarded.
Two prime questions, the top court held, may be asked and answered. First, is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence? Second, are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offenders?
Which crimes entail capital punishment in India?
Grave offences such as Murder, Rape with injuries that may result in Death of a victim and a Repeat Offender, Waging war against State, and Terrorism-related offences causing death are some major crimes punishable with death under the Indian Penal Code.
Similarly, there are provisions under The Arms Act, The Narcotic Drugs and Psychotropic Substances Act, The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, The Commission of Sati (Prevention) Act, The Air Force Act, The Army Act and The Navy Act wherein capital punishment is prescribed as one of the punishments for serious offences.
Now-repealed Prevention of Terrorism Act (POTA) and Terrorist and Disruptive Activities (Prevention) Act (TADA) contained provisions for death sentence.
