Is capital punishment the solution to bring down the crime rate in the country? Substantiate
Answers
Answer:
ANSWER
Explanation:
Death or capital punishment is the highest penalty awardable to an accused. Courts have been granted a great deal of discretion in the award of the death penalty and it is not awarded except in extremely severe cases where murders have been committed in cold-blooded, pre-planned or barbaric fashion.
This discretion is not unbridled and has to be exercised judiciously in accordance with well recognized judicial principles keeping in view the aggravating or mitigating circumstances of any particular case. This is further subject to confirmation by the High Court. Sections 366 to 371 of the Cr. PC lay down rules for submission of death sentences for confirmation.
Prior to the Criminal Procedure (Amendment) Act of 1955, in our country, the death penalty was the rule and life imprisonment an exception in capital offences as per the provisions of the old Cr.PC (1898). Further, the courts were bound to give an explanation for awarding a lighter penalty than death for capital offences. After the amendment of 1955 courts were at liberty to grant either death or life imprisonment. Now as per Section 354 (3) of the Cr.PC, 1973 the situation has been reversed and a life sentence is the rule and death penalty an exception in capital offences. Further, the courts are required to state reasons in writing for awarding the maximum penalty.