Tanveen Kaur, BA LLB (Hons), Christ (Deemed to be University) Lavasa, Pune
ABSTRACT
We live in a society where we hear about crimes unceasingly. Where ‘punishment’ becomes the only tool to deter crime. But not every crime and criminal can be punished with capital punishment. Crimes which are served with the punishment of death penalty are referred to as capital punishment. Our laws believe in the process of reformation or retribution. In earlier times the King believed in extreme tyranny, for even a mild crime the punishment was of severe nature. Death penalty was also a common punishment during the 1890’s. Section 368 of The Criminal Procedure Code of India grants the High Courts the authority to confirm a death sentence.
The Code of Criminal Procedure 1898 embodied in section 367 (5) that-
“If the accused is convicted of an offence punishable with death and the Court sentences him to any punishment other than death, the court shall in its judgement state the reason why sentence of death was not passed.”
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