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Capital Punishment or the Death Penalty is a severe form of punishment awarded to individuals who commit heinous crimes. In this punishment, the convicted person is put to death by hanging. The death penalty is a contentious issue worldwide and has been a subject of debate for many years. The punishment is only delivered in the rarest of rare cases after authorization from the government and a verdict passed by the court.
In India, the death penalty is awarded under specific provisions of the Indian Penal Code (IPC). Section 302 of the IPC provides the death penalty for murder, which is the most common offence for which capital punishment is awarded. Section 364A provides the death penalty for abduction followed by murder, while Section 376E provides for the death penalty for repeat offenders of rape.
Apart from these, the death penalty can also be awarded for offences like waging or attempting to wage a war against the government of India, abetment of mutiny, giving or fabricating false evidence, abetment of suicide of a child or a lunatic, attempt to murder, and dacoity with murder, among others. However, it is not mandatory for the court to impose the death penalty in these sections.
There are arguments both in favor of and against capital punishment. Those in favor believe that the death penalty serves as a deterrent to potential offenders and helps maintain law and order in society. Supporters of capital punishment also argue that it is a fair and just punishment for heinous crimes like murder, terrorism, and treason.
On the other hand, those against the death penalty believe that it is inhumane, violates the right to life, and can lead to the execution of innocent people. Some argue that instead of the death penalty, life imprisonment without the possibility of parole would serve as an appropriate punishment for heinous crimes.
In India, the use of the death penalty has been the subject of much debate. The country has seen a decline in the number of death sentences awarded in recent years, with only a handful of cases being sentenced to death annually. Nonetheless, the debate on the use of capital punishment continues to be a subject of discussion and controversy in the country and around the world.