Section 302 Indian Penal Code: A Breach Of Article 14, Article 21 And The Modern Conceptions

Section 302 Indian Penal Code: A Breach Of Article 14, Article 21 And The Modern Conceptions Of Human Rights

Raqib Mehraj, School of Law, University of Kashmir

“.....it is not necessarily only the dignity of the person to be executed which is invaded. Very arguably the dignity of all of us, in a caring civilization, must be compromised, by the act of repeating, systematically and deliberately, albeit for a wholly different objective, what we find to be so repugnant in the conduct of the offender in the first place....”

- Justice Ismail Mohammad (State vs Makawanyan 1995 (3) SA 3)

ABSTRACT

The purpose of the punishment is to reform, rehabilitate and reintegrate the offender in the society. The offender should be given an opportunity to reform and mend his behavior in accordance with the ideals of the community, which is the mandate of Reformative theory of Punishment. Highlighting Section 302 of Indian Penal Code which enumerates death penalty as the mode of punishment for murder is in essence the breach of modern ethos of Human rights and the evolving jurisprudence related to Article 21 of the Constitution of India. The act of death penalty under 302 Indian Penal Code violates Article 14 of the Constitution as well for being too arbitrary and discriminatory in nature. Section 302 of Indian Penal Code vests judges with unguided discretion which can be subjected to misuse by the judges while sentencing death penalty or life imprisonment to a person convicted under section 302 of Indian Penal Code. With developments in the concept of human rights all over the world, death penalty under the Criminal justice system in India needs to be expunged from the Criminal law statute.