Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The death penalty in India is governed by the Bharatiya Nyaya Sanhita (BNS) 2023 and various special acts, representing the most severe form of punishment for heinous crimes. Here's a comprehensive overview:
Death Penalty Provisions in BNS 2023
The BNS contains multiple sections that prescribe capital punishment for serious offenses:
Sexual Offenses:
Section 65(2): Rape of a child below 12 years of age
Section 66: Rape causing death or leaving the victim in a persistent vegetative state, punishable with rigorous imprisonment of not less than 20 years, life imprisonment, or death penalty
Section 70(2): Gang rape of a child under 18 years of age
Section 71: Repeat offenders of rape (those previously convicted under Sections 64/65/66/70) face life imprisonment or capital punishment
Murder and Violence:
Section 103(1): Murder is punishable with death penalty or life imprisonment along with fine
Section 103(2): Mob lynching
Section 104: Murder by a prisoner serving life sentence
Section 109(2): Attempted murder by a prisoner serving life sentence
Organized Crime and Terrorism:
Section 111(2)(a): Organized crime resulting in death, punishable with capital punishment or life imprisonment along with minimum fine of Rs 10 lakhs
Section 113(2)(a): Terrorist acts resulting in death of a person
Other Serious Offenses:
Section 140(2): Kidnapping or abducting for murder or ransom
Section 147: Treason against the Government of India
Section 160: Abetment of mutiny if mutiny is actually committed
Section 107: Abetment of suicide of a child or person of unsound mind
Section 230(2): Fabricating false evidence resulting in death of an innocent person
Section 232(2): Threatening for false evidence resulting in death
Section 310(3): Dacoity with murder
Death Penalty in Special Acts
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:
Section 31A: Death penalty for repeat offenders in cases involving commercial quantities of narcotic drugs, though this was made optional for judges in 2014
Other Special Acts:
Commission of Sati (Prevention) Act, 1987: For abetment of sati
Explosive Substances Act, 1908: For offenses likely to endanger life
State Organized Crime Acts: Maharashtra and Karnataka acts provide death penalty for organized crime resulting in death
Under SC and ST (Prevention of Atrocities Act), 1989 giving false evidence leading to the execution of an innocent member belonging to the SC or ST would attract the death penalty.
Unlawful Activities (Prevention) Act, 1967; Army, Navy and Air Force Acts also provide the death penalty for certain specified offences committed by members of the armed forces.
Exemptions
Certain categories are exempted from capital punishment:
Juveniles: No minor in conflict with law can be sentenced to death under the Juvenile Justice Act
People with mental illness: Supreme Court precedent exempts those with mental illness or insanity
