The death penalty, often known as capital punishment, is the execution of a person who has been found guilty and condemned to death by a court of law. It is given for the most severe offences in India. For terrible and grievous offences, it is given. No person shall be denied the "right to life" that is guaranteed to each and every citizen of India, according to Article 21.
The Indian Penal Code imposes death penalties for a number of offences, including criminal conspiracy, murder, a war against the government, aiding a mutiny, dacoity with murder, and anti-terrorism (IPC). In Bachan Singh v. State of Punjab, the Court ruled that the death penalty will only be applied in the rarest of instances. You can talk to Lawyer to defend criminal cases which prescribe capital punishment.
In the interest of law and public order, the state has the authority to revoke or restrict even the right to exist. But this process must follow "due process," as determined in the Maneka Gandhi v. Union case in India. A human being's sacred life must be taken away in a just, fair, and reasonable manner. Circumstances leading to capital punishment can be better understood by hiring a Criminal Lawyer in Ghaziabad. The following is a concise statement of the fundamental principle:
· The death sentence should only be applied in extremely exceptional circumstances.
· The death penalty should be used as an extraordinary punishment and can only be imposed under rare circumstances.
· The right to be heard belongs to the accused.
· The sentence should be tailored to each person's unique situation.
· The High Court must approve the death punishment.
· There is a right to appeal to the Supreme Court under Article 136 of the Constitution and Section 379 of the Criminal Procedure Code. In accordance with Sections 433 and 434 of the Criminal Procedure Code and Articles 72 and 161, the accused may plead with the President or the Governors for pardon, commutation of sentence, etc.
· Apart from the judicial power, Articles 72 and 161 give the President and the governor the discretion to intervene in the case's merits. The judicial authorities have a limited scope of review, and they must make sure that the President or governor is in possession of all pertinent documents and materials.
· However, the core of the governor's authority should not depend on a person's race, religion, caste, or political ties, but rather on the application of the law and sensible matters.
· The accused is entitled to a speedy and fair trial under Articles 21 and 22 of the Constitution.
· According to Articles 21 and 22, the accused is not entitled to be tortured.
· The accused is entitled to freedom of speech and expression while in custody under Articles 21 and 19 of the Constitution.
· The accused has a right to be represented by attorneys who have been lawfully appointed and competent.
According to Article 72, the President has the authority to commute sentences, suspend them, or issue pardons, reprieves, respites, or other reductions in punishment. The President only considers the most exceptional cases. The President shouldn't use his authority in a dishonest or arbitrary way.
The President must review the criminal case's evidence before deciding whether to pardon the offender. The President has the authority to pardon those who have been found guilty of a crime, but not those who are still awaiting trial. The President may use his or her pardoning authority as described below:
· Following conviction, a pardon may be issued.
· Although a sentence cannot be suspended while an appeal is pending before the Supreme Court, a pardon may be given at that time.
· In all circumstances, the President shall have the authority to pardon any individual found guilty of a crime:
· Where a Court Martial administered the penalty.
· Where a death sentence is being served
· When the penalty is imposed for an offence that is connected to a topic that can be handled by the Union's executive power.
· While granting a pardon, the President is not free to do as he pleases.
· Before making any decisions, he must seek the advice of the Home Minister and the Council of Ministers. According to Article 74 of the Constitution, the President is required to follow the ministers' recommendations.
The Governor's Pardoning Power is mentioned in Article 161. According to this, the Governor of a State has the authority to commute or suspend the sentence of anyone guilty of breaking any law pertaining to an issue within the scope of the State's executive authority. The state governor may award a convict a pardon, reprieve, respite, or remission of the relevant punishment when they have broken a state law. You can seek the assistance of a Criminal Lawyer Delhi to seek mercy.
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