When death sentence may be awarded (Indian Penal Code)

What is Death Sentence 

The death sentence is also known as the death penalty. It is a punishment imposed by a court of law on a person who has been convicted of a capital crime. A capital crime is a crime that is punishable by death, and these crimes are typically considered the most serious offenses under the law.

In India When a death sentence may be awarded

The death sentence may be awarded by a competent court under the Indian Penal Code (IPC) in the following cases:

1) waging war against the Government of India [S. 121];

2) abetting mutiny actually committed [S. 132.];

3) giving or fabricating false evidence upon which an innocent person suffers death [S. 194];

4) murder [S. 302];

5) murder by a life convict [S. 303] [S. 303 is held unconstitutional];

6) abetment of suicide of a minor, insane or intoxicated person, if suicide is committed [S. 305];

7) attempt to murder by a life convict if hurt is caused [S. 307];

8) kidnapping for ransom [S. 364-A];

9) dacoity with murder [S. 396].

1) Waging, or attempting to wage war, or abetting waging of war, against the Government of India (Section 121) —

      Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. 

2) Abetment of mutiny if mutiny is committed in consequence thereof (Section 132) —

    Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

 3) Giving or fabricating false evidence with intent to procure conviction of capital offence (Section 194)—

 

     Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in  India shall be punished with  imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; 

If an innocent person be thereby convicted and executed — and if an innocent person be convicted

and executed in consequence of such false evidence, the person who gives such false evidence shall be

punished either with death or the punishment hereinbefore described.

4) Punishment for murder (Section 302) — 

 

Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

5) Punishment for murder by life-convict (Section 303) — 

   Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

 6) Abetment of suicide of child or insane person  (Section 305) — 

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

7) Attempt to murder (Section 307) — 

     Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

8) Kidnapping for ransom, etc (Section 364) —

  

   Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.

9) Dacoity with murder (Section 396) —

   If any one of five or more persons, who are conjointly committing dacoity, commit murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

See Also...

Accident: Section 80 of the Indian Penal Code