IPC -( Death Punishment)
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Chapter -2 General Explanations
Indian Penal Code – Of Punishment ( Sec 53 – 75)
1. Death
Q. In which Sections death penalty can be given?
Death punishment is awarded for murder in rarest of the rare cases ( Bachan Singh v State of Punjab, 1980 CrLJ 636)
Death Penalty can be given as punishment for the following offences:- IPC -( Death Punishment)
- (Sec. 121). “Waging, or attempting to wage war, or abetting waging of war, against the Government of India.”
- (Sec. 132). “Abetment of mutiny, if mutiny is committed in consequence thereof.”
- (Sec. 194). “Giving or fabricating false evidence with intent to procure conviction of capital offence. if innocent person be thereby convicted and executed.”
- (Sec. 195A). “Threatening or inducing any person to give false evidence- if innocent person is convicted and sentenced in consequence of such false evidence, with death ( 195A- Part II)”
- (Sec. 302). “Punishment for murder.”
- (Sec. 305). “Abetment of suicide of child or insane person.”
- (Sec. 307). “Attempt to murder by life-convicts. Part –II”
- (Sec. 364A). “Kidnapping )for ransom, etc.”
- (Sec. 376A). “Punishment for causing death or resulting in persistent vegetative state of victim.”
- (Sec. – 376AB) “Punishment for rape on Woman under twelve years of age.” (Ins. By Act 22 of 2018, Sec. 5 ( w.r.e.f. 21-4-2018)
- (Sec. – 376DB). “Punishment for Gang rape on woman under twelve years of age.”( Ins. By Act 22 of 2018, Sec. 6 ( w.r.e.f. 21 April 2018)
- (Sec. 376E). “Punishment for repeat offenders”
- (Sec. 396. “Dacoity with murder.”
Sec. 303. “Punishment of murder by life convict” ( Now Repealed)
Mithu v State of Punjab
In this case it has been declared unconstitutional.
In adition to this, death penalty can be imposed by virtue of Section 34, 149, 109 and 120B of IPC
IPC -( Death Punishment)
