CAPITAL PUNISHMENT AS A DETERRENT
Author – Janani A, Student at The Tamil Nadu Ambedkar law University.
ABSTRACT
Salmond considers the deterrent aspect of Punishment to be most important. He quoted that “punishment is before all things deterrent and the chief end of the law of crime is to make the evildoer an example and a warning to all that are like minded with him”. Locke also said that “ a bad bargain for the offender “. According to deterrent theory of punishment, the objective of this Punishment is not only to prevent the wrong doer but also to make an example to others who have the same criminal intention. The aim of this deterrent punishment is not to take Revenge rather than panic among the society and criminals. In views of Manu penalty keeps the people under control and penalty protects them so ,they regarded punishment as a source of righteousness. Some of the scholars Disclosed about deterrent are :
- Patron : “The deterrent theory emphasis the necessity of protecting society, by so treating the prisoners that others will be deterred from breaking the law”.
- Beccaria : “The more cruel punishments become, the more human minds hardened, adjusting themselves like fluids”.
Death or capital punishment is the highest penalty sanction given to the criminals.
II. CAPTIAL PUNISHMENT AS DETERRENT
In the history of punishment, capital punishment occupied a pre-dominant place in the Course of history and even now. In ancient times and middle ages , death sentence was very common Sanction were to given to small offences (i.e.) shoplifting, cattle- stealing, and even for cutting down of trees. Lord chancellor was opposed for abolition of death penalty for cutting down of trees, they can be punished for offence rather than death sentence. After that, death penalty was given only for heinous crime against human such as murder and treason. In the essay on capital punishment says that “no other punishment deters man so effectually from committing crimes as the punishment of death…The threat of instant death is the one to which resort has always been made when there was an absolute necessity of producing some results “. The death penalty was abolished in United Kingdom due to in favor of guilty- persons. The framers of Indian Penal code provided for capital Punishment but the same was to be resorted to sparingly. Under the new amended code of criminal procedure,1973 the court has to points out and to record reasons for awarding death penalty.
The recent trend in India is rightly towards the abolition of death sentence. In Raghubir singh v. state of Haryana, the supreme court held that the accused were guilty, death sentence was reduced to life imprisonment.[1]
In rajendra Prasad v. State of Uttar Pradesh, the appellant was sentenced to life imprisonment in previous case and released. He again committed a murder and was sentenced to death penalty by sessions judges and high court was also confirmed. However, the supreme court converted into life imprisonment. [2]
Death penalty should be imposed only if the supreme court considers that offender is a serious to society and it is the interest of the society to be eliminated or not.
III. DEATH SENTENCE UNDER DIFFERENT STATUTES
Indian Criminal jurisprudence is based on a combination of deterrent and reformative theories of punishment. While the punishments are to be imposed to create deter amongst the offenders, the offenders are also to be given opportunity for reformation. The courts while imposing death sentence has to record its special reasons as to why the court came to the conclusion.
- Capital Punishment is laid down as a penalty in several legislative Acts, such as:
- Indian Penal Code, 1860
- Army Act, 1950, the Air Force Act, 1950 and the Navy Act 1956
- The Commission of Sati (Prevention) Act, 1987
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989
The offender sentenced to death by the court of law for the criminal offence committed by him is known as death penalty or capital punishment. This capital punishment has been awarded only in the rarest of the rare cases or for the most grievous crimes against humanity. Death penalty differs from place to place and also differs from state to state and even from country to country.
IV. CONCLUSION
Opponents will continue that the death penalty is not the solution to reduce crime because they believe that the fact of a crime should not be solved with another crime. They advocate that sentencing criminals to life in prison is more socially accepted and a less expensive alternative to Reduce crime. The establishing certain laws to maintain the balance of human behavior could be seen as repressive. Supporters present that each execution can prevent between 5-25 crimes and save about 8 lives and therefore death penalty is deterrent of crime. Hence the death penalty plays an important role in criminal justice. It sets an example for the criminals not to commit offence. To reduce the crime rate in India death penalty is the only way. The 35th report of law commission has given reasons for the view of deterrent effect of capital punishment. Actually, every human beings are dreads to death. Death as a sanction stands differently from life imprisonment and even other punishments.
REFERENCE
V.D. Mahajan’s, Jurisprudence & legal theory, fifth edition.(122, 123), Eastern Book company under license from EBC publishing (P) Ltd.