Keeping Pace with Legal Change
The case was observed by the Supreme Court of India in the Criminal Appeal Nos. 331-332 of 2022, which concerned…
When a family murder case was described as gruesome by all standards, it was the weighing of the extent of brutality of the crime and the reformed profile in prison and mental health status that the Supreme Court commuted the death penalty against the convict to life imprisonment till natural death.
This research article examines the Raghuvanshi murder in Meghalaya, analysing how Bharatiya Nyāya Saṃhitā Section 103’s individual and group homicide provisions apply, the procedural safeguards for capital punishment, and investigative innovations under the new code.
Section66 of the Bharatiya Nyaya Sanhita, 2023, imposes life imprisonment or the death penalty for rape causing death or permanent coma. It underscores India’s resolve to deter heinous sexual crimes, ensuring justice and victim protection while strengthening the legal framework against gender-based violence.
Section 66 of the Bharatiya Nyaya Sanhita, 2023, imposes rigorous imprisonment for life or death penalty, with a fine, for rape causing death or a persistent vegetative state. It underscores stringent measures to address extreme sexual violence, prioritizing victim justice and deterrence of heinous crimes.
Section 55 of the Bharatiya Nyaya Sanhita, 2023, imposes severe penalties on abettors of offenses punishable with death or life imprisonment. It holds abettors accountable for instigating or aiding such grave crimes, ensuring punishment aligns with the principal offense’s severity, reinforcing deterrence under criminal law.
In accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023, this article provides an explanation of the sentencing powers that are held by several criminal courts in India. It examines the limits and jurisdiction of High Courts, Sessions Judges, and Magistrates in the process of imposing punishments, including procedures for defaulting on a fine and multiple convictions.
Section 302 of the Indian Penal Code, 1860 prescribes punishment for murder. It mandates life imprisonment or death sentence upon conviction, reflecting society’s gravest condemnation of intentional unlawful killing.
The Bharatiya Nyaya Sanhita, 2023, provides a systematic framework of punishments to deliver justice. It harmonizes harsh punishments with equity by enabling the government to alter sentences when needed. With provisions covering punishments from death penalties to community service, the law seeks to deliver justice to match the crime’s gravity as well as permit mercy and reconsideration in meritorious cases.
This abstract discusses the legal and constitutional framework of death penalty in India, tracing it through judicial interpretation and legislative amendment. It outlines key Supreme Court decisions such as Bachan Singh v. State of Punjab which established the doctrine of ‘rarest of rare’ for the capital punishment case and delves into the tension between justice and human rights. The paper also takes into account the public opinion, the role of executive clemency and the influence of international human rights norms, on Indian law.
