skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 67207 Find in a Library
Title: CAPITAL PUNISHMENT IN INDIA
Journal: JOURNAL OF THE INDIAN LAW INSTITUTE  Volume:21  Issue:2  Dated:(APRIL-JUNE 1979)  Pages:137-226
Author(s): A R BLACKSHIELD
Date Published: 1979
Page Count: 89
Format: Article
Language: English
Country: India
Annotation: CONFLICTING PATTERNS IN THE IMPOSITION OF CAPITAL PUNISHMENT IN INDIA IN THE 1960'S AND 1970'S ARE REVIEWED; AND JUDICIAL DECISIONS IN 70 MURDER CASES FROM 1972-1974 ARE EXAMINED TO DETERMINE NEW TRENDS IN MURDER CASES.
Abstract: UNSUCCESSFUL ATTEMPTS TO CHANGE BY LEGISLATION THE PROVISION OF CAPITAL PUNISHMENT FOR MURDER UNDER SECTION 302 OF THE INDIAN PENAL CODE ARE REVIEWED FROM THE EARLY 1930'S TO 1971. INDIAN PROPONENTS OF THE ABOLITION OF CAPITAL PUNISHMENT NEXT DIRECTED THEIR EFFORTS PRIMARILY TOWARD THE SUPREME COURT OF INDIA, WHICH HOWEVER, REJECTED IN 1972 THE ABOLITIONISTS' ARGUMENTS. IN EFFECT, THE COURT REDUCED THE ISSUE TO ONE OF WHETHER THE LEGISLATIVE POLICY OF CAPITAL PUNISHMENT WAS REASONABLE IN ITS CONSIDERATION OF THE ARGUMENT THAT CAPITAL PUNISHMENT DEPRIVES INDIVIDUALS OF ESSENTIAL FREEDOMS. THE POSSIBILITY OF INVALIDATION OF CAPITAL PUNISHMENT THROUGH THE ROUTE OF THE LAWYER'S TECHNIQUE OF STATUTORY INTERPRETATION WAS EXEMPLIFIED IN THE CASE OF EDIGA ANAMMA V. STATE OF ANDHRA (1974), WHICH IS DISCUSSED AT LENGTH. FOUR DISTINCT LEGAL DEVICES USED IN JUSTIFYING LIFE IMPRISONMENT RATHER THAN CAPITAL PUNISHMENT FOR MURDER ARE DISCUSSED. IT IS NOTED THAT, ASIDE FROM THE ESTABLISHMENT OF A PRECEDENT IN A FEW CASES TO EQUALLY CONSIDER THE SENTENCES OF LIFE IMPRISONMENT AND CAPITAL PUNISHMENT FOR THE CRIME OF MURDER, NO CLEAR SUBSEQUENT PATTERNS HAVE EMERGED. HOWEVER, AN ANALYSIS OF 70 CASES FOLLOWING THE EDIGA ANAMMA CASE, WHICH ARE PRESENTED IN AN EXTENSIVE APPENDIX, INDICATE THAT TRIAL JUDGES--AND STATE HIGH COURTS--MAY BE OPTING MORE FREQUENTLY FOR LIFE IMPRISONMENT. AN APPENDIX, TABLES, AND FOOTNOTES ARE PROVIDED.
Index Term(s): Capital punishment; Cruel and unusual punishment; India; Laws and Statutes; Life sentences
Note: THIS PAPER WAS PRESENTED AT A SEMINAR ON SINGLE QUOTEMARK PROBLEMS OF LAW AND SOCIETY', CULTURE LEARNING INSTITUTE, EAST WEST CENTER, HONOLULU, AUGUST 1977
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67207

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.