In India, capital punishment is regulated by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) for legal oversight.
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Death Sentence Offenses
The death penalty applies to serious crimes such as murder, terrorism-related offenses, and certain cases of rape and gang rape for public safety.
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Rarest of Rare Cases
The Supreme Court determined that capital punishment is reserved for the "rarest of rare" cases in the significant judgment ‘Bachan Singh vs State of Punjab (1980).
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Nature of Crime Consideration
The Supreme Court states that death sentences should only be imposed for exceptionally grave crimes, where life imprisonment is deemed inadequate punishment.
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Trial Court Considerations
Before imposing a death sentence, trial courts must consider all aspects, including the accused’s past criminal record, and ensure a fair trial.
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Appeal Process
Death sentences can be appealed and reviewed by higher courts, including the Supreme Court, ensuring multiple layers of judicial oversight and fairness.
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Mercy Petition Review
The mercy petition process provides an additional opportunity for review before execution, allowing for reconsideration of the death sentence.
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Execution Method
In India, capital punishment is primarily carried out by hanging, a method authorized by the IPC and conducted under strict legal safeguards.