As we all know, In India we follow the deterrent theory of punishment. Under this theory, crime is a subject to the punishment based on the gravity of injury. But when rigorous injury inflicted the punishment should also be rigorous which could be life imprisonment and death penalty.
This harsh penalty should be considered in “rarest of rare” situations as stated under the Bachan Singh Case. The death penalty inflicted on serious offences, some of these offences are given below:
Apart from these, there are many other offences where the death penalty can be imposed by the court. Along with these - threat to the national security, terrorism or high treason, sexual offence (rape), disregard the women modesty, child abuse can also be result in death as a punishment.
The implementation of the death as punishment is sometimes involved in a debate that it is against the natural law. Some jurists say that we do not have the right to take another person's life because it is given by god. On the other hand, many argue that it is important to curb the heinous crime otherwise these crimes can not be reduced.
This kind of punishment is necessary to set an example for other criminals who have similar intentions. It will help to prevent the offender from doing wrong acts by seeing the consequences of that conduct.
Crimes - Result in Death Penalty under The Bharatiya Nyaya Sanhita, 2023 (BNS)
(1). Punishment for rape that leads to the victim's death or results in a persistent vegetative state (Section 66 BNS):
If any person is found liable under this section of Bharatya Nayaya Sanhita (BNS) this may result in the death penalty in extreme cases. If any individual guilty under sub-section (1) and (2) of section 64 and while committing the offence, inflicts serious injuries which cause death of women while she is in the persistent vegetative state.
That person faces the sentence of 20 years rigorous imprisonment which may extend to life imprisonment or may result in death penalty.
(2). Gang Rape (Section 70(2) BNS):
Section 70 of BNS defined the gang rape in which, a woman below 18 years raped by one or more persons in a group with similar intention. The each individual deemed to be committed the rape and held liable for life imprisonment which may extend to the death penalty or fine can also be imposed.
The fine which is going to be imposed, should be considered according to the medical expenses, rehabilitation, and deliriousness of the victim. Any fine imposed by the court must be directly paid to the victim.
(3). Punishment for serial offenders convicted of rape (Section 71 BNS):
Any person who is a habitual offender or serial offender has been held liable for the offence under some sections that are listed below:
And later on again convicted for another offence under any of these sections listed above. The offender may face the punishment for life imprisonment or the death penalty.
(4). Murder (Section 103 BNS):
Section 103 of (Bharatya Nayay Sanhita) defines the penalization for the offence of murder. Sub section (1) of this section states that any individual held liable for murder, he/she shall face punishment either life imprisonment or death penalty or fine can also be imposed on the offender.
Sub-section (2) of Section 103 - Holds the liability of a group of individuals (Five or more) who collectively commits murder based on race, case, sex, community, place of birth, language, personal belief or any other similar ground. Each member will be held liable for the murder and can be imposed fine, life imprisonment and death penalty in some cases.
(5). Punishment for murder committed by a life convict (Section 104 BNS):
Individuals who commit murder while serving their sentence of life imprisonment shall face the punishment of life sentence or death penalty. Life sentence is also similar to life imprisonment where the offender spent his whole natural life in prison.
In the case of Machhi Singh v. State of Punjab (1983): The supreme court laid down the rules for considering the factors whether the case will fall under the ambit of "rarest of rare" category or not. These factors are considered to see the manner of the crime, injury, motive, and the victim's personality.
(6). Abetment of suicide of child or person of unsound mind (Section 107 BNS):
Any individual who abets the commission of suicide to -
And if they commits suicide then, whoever abets shall be liable for death penalty or life imprisonment or imprisonment for a term not more than 10 years and fine can also be imposed.
(7). Attempted murder by an individual serving a life sentence if they cause injury (Section 109(2) BNS):
Basically, Section 109(2) of BNS defines this penalty of death. An individual who is serving their sentence of life imprisonment and offending under subsection (1) of section 109, causes harm, it may be subject to the punishment of death or life sentence under section 109(2).
(8). Terrorist activities (Section 113(2)(a) BNS):
This section defines a terrorist act done by any individual and it leads to causality then it shall be punishable. Under section 113(2)(a) the offender will be held liable for the life imprisonment or fine and the death sentence can also be imposed.
(9). Kidnapping or abduction with intent to murder or ransom (Section 140(2) BNS):
Any person who kidnaps or abducts another person and unlawfully detains that person by using force, threatens to cause death and hurts such person.
(a) By his conduct there should be apprehension to hurt and put that person into death.
(b) Causes hurt or death in order to compel the government or any foreign state, international inter-governmental organization, or any other person to do or not to do some act.
(c) or to pressurize to pay ransom.
It shall be sentenced with the death penalty or life imprisonment and offender also has to pay fine in some cases.
(10). Waging, attempting to wage, against the govt. of india (Section 147 BNS):
According to “section 147” of the BNS, anyone who declares or engages in a war against the Indian government, or who encourages the act of waging war, faces the death penalty, life imprisonment, or a fine.
(11). Abetting a mutiny that has been carried out (Section 160 BNS):
Anyone who provokes or helps in the mutiny of an officer, soldier, sailor, or airman of the govt. In the India's Army, Navy, or Air Force liable for severe penalties. The sentence can be up to 10 years or life imprisonment or death penalty may also be imposed in some cases. Apart from this monetary fine may also be applied.
(12). Providing or fabricating false evidence that results in an innocent person's death (Section 230(2) BNS):
Section 230(2) provides that, If any innocent person has been killed due to the false evidence mentioned in sub-section (1) of section 230, the person who provided that false evidence will held liable for the punishment, which may include death or the penalty outlined in sub-section (1).
(13). Dacoity resulting in murder (Section 310(3) BNS):
Five persons are required to commit dacoity and If any of these five or more individuals committed murder while in a joint dacoity, then each of them individuals will be liable under section 310(3) of BNS.
The punishment which is imposed can be life imprisonment, death penalty or rigorous imprisonment for a minimum of 10 years, and it will also be subject to fine.
