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Writer's picturethelila500
Oct 18, 20223 min read

WHAT DO YOU THINK IS WORSE- A DEATH SENTENCE OR A LIFE SENTENCE?

In certain severe criminal cases, the Courts have the option of sentencing Life Imprisonment or capital punishment. It depends upon the case-to-case scenario, as to what punishment the courts would decide. In the following article, we are going to understand when a criminal could be given the death penalty or life imprisonment and which punishment should be better. To understand the legal provisions for the same, it is advised to seek the assistance of the Top Lawyers In Delhi.


The Bachan Singh Case and the death penalty

  • In the case of the Bachan Singh v State of Punjab, AIR 1980 SC 898, the validity of the death sentence was held down by the Supreme Court of India, as well as the framework for the death penalty was also provided.

  • In the case, the Apex Court upheld the validity of the death sentence and provided certain special reasons, commonly known as the ‘rarest of the rare’ cases, for determining the worthiness of a case for the death sentence.

  • Two elements are required to be considered while deciding the punishment as the death penalty. The Courts should consider the background, history, previous conduct, mental status and the health of the convicts including the details of the crime. Also, the court has to ensure while deciding the case that any other punishment is unquestionably foreclosed before giving the death sentence.

Life Imprisonment

  • It is defined as the sanction imposed to punish the wrongdoers with a lifelong punishment. Recently, an increasing demand for the death penalty is being witnessed, making the life imprisonment as the other option for the death penalty.

  • Life imprisonment is favored in comparison to the death penalty as the death penalty once given, could not be revoked. Also, as per Section 55 of the Indian Penal Code, the appropriate government could revoke the punishment for a period of 14 years.

Life Imprisonment- alternative to the death penalty

  • The death penalty is given in the case of a heinous crime, i.e in the rarest of the rare cases. The courts purposefully award the punishment of life imprisonment for very serious crimes so as to protect their inherent value of life. It is also believed by many welfare organisations that the capital punishment does not provide punishment to the criminal as he easily escapes by the simple punishment of death.

  • Also, many researchers believe that life imprisonment without remittance or parole is equivalent punishment of the death penalty, hence allowing the courts to punish a criminal without taking his life.

  • It was observed in the reports by the PUCL and the Amnesty International that death penalties in India are imposed in an inconsistent and non-uniform manner. In the case of Ankush Maruti Shinde v State of Maharashtra, six accused were sentenced to death by the trial court, who was later acquitted by the Apex Court. It has to be noted that till that time, the accused had already spent 16 years in jail.

  • Also, the death penalty being irrevocable is the least appealing kind of punishment. In some cases, the conviction and the sentence happen on the same day, which does not leave any opportunity to sort out any wrongdoing. Under Section 354(3) of the CrPC, the courts must record the reason for awarding the death penalty.

Conclusion-

The life imprisonment or death penalty is given in the gravest offences. Various sociological and ethical problems surround the death penalty and many times is questioned by the society. However, sometimes the offences committed are so heinous that it is not possible to give any punishment lesser than the death penalty, the death penalty to Ajbal Kasab on the Mumbai terror attacks is such an example, where the killings were so heinous and grave, that no other punishment was appropriate.


In case, you are facing cases of a criminal nature or wish to file a case against a crime committed, it is advised to seek the legal assistance from the Top Lawyers In Mumbai, who could offer you proper advice and guidance for the same. The Lawyer In Delhi or your city, could help you understand the legal position of your case and the proper way you could sort out your problems. Lead India offers you a team of experienced lawyers who could help you with criminal cases, cases related to the family laws such as divorce, child custody etc.


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