Death Penalty Rules In India: A Meerut district court on Wednesday sentenced Muskan Rastogi and her lover, Sahil Shukla, to death for murdering her husband, Saurabh Rajput, a former Merchant Navy officer. The case became widely known as the "Blue Drum" murder case after the accused dismembered Rajput's body and concealed his remains in a blue plastic drum filled with cement.
Following the verdict, several queries about the death penalty in India have been doing the rounds online. The gruesome "blue drum murder case," which shocked the entire nation, has put the spotlight on how the death penalty is defined in the justice system and the legal safeguards available to convicts.
The death penalty in India has been retained under the "rarest of rare" doctrine, as laid down by the Supreme Court. However, a death sentence passed by a Sessions Court must also be confirmed by the High Court before it can be carried out.
How Are Death Sentences Appealed And Reviewed In India?
Under India's criminal justice system, a death sentence is subject to judicial scrutiny and can be challenged through several legal remedies.
1. A death sentence passed by the Sessions Court will not be executed unless reviewed and confirmed by the High Court of that state.
2. The High Court Committee will deliberate within three months and decide whether or not the death penalty should be carried out. Depending on the evidence, the court can either avert, commute, or set aside a death penalty sentence awarded by a Sessions Court.
3. If the High Court dismisses the appeal and orders to continue with the death penalty, the convict has the right to file a Review Petition followed by a Curative Petition to the Supreme Court of India.
4. In case the Supreme Court also dismisses the plea and all judicial remedies fail, the convict can go to the last resort. The convict can seek clemency from the President of India under Article 72 of the Constitution or the Governor of the state under Article 161. The executive body has the Constitutional power to pardon, commute, or remit the sentence.
Who Is Exempted From The Death Penalty In India?
Indian law provides specific protections in cases involving age, pregnancy and mental incapacity.
1. Individuals who are under the age of 18 (minors) at the time of committing the crime.
2. Under the applicable criminal procedure law, if a woman sentenced to death is found to be pregnant, the High Court must commute the sentence to life imprisonment.
3. Mental illness is not, by itself, an automatic exemption from the death penalty. Courts must consider the relevant legal and medical evidence.
What Is The Bharatiya Nyaya Sanhita (BNS)?
The Bharatiya Nyaya Sanhita (BNS), 2023, replaced the Indian Penal Code (IPC) as India's principal criminal code from July 1, 2024. It retains the death penalty for certain offences and provides for it in some specific circumstances.
One significant change concerns gang rape of a woman below 18 years of age. Under Section 70(2) of the BNS, the offence is punishable with imprisonment for the remainder of the convict's natural life, or death, along with a fine. The provision replaced the earlier IPC framework, which prescribed different age thresholds for gang rape involving victims below 16 and 12 years of age.
The death penalty is therefore not mandatory for every offence for which it is prescribed. Courts must consider the applicable law and judicial principles before awarding capital punishment.