Do you remember the famous dialogue from Sony CID’s ACP Pradyuman “Tumhein toh Faansi hogi…..Faansi !!” He would deter the criminal with those words, and those accused would end up in tears, all guilty for the act they committed. That’s the deterrent effect embraced through the death penalty or capital punishment in BNS. But do you know….Which crime is punishable by death in India? Can someone get a death sentence for theft? Is death penalty under Bharatiya Nyaya Sanhita the ultimate end for false promise of marriage or a person who caused death by negligence? Let us understand what happens in capital punishment, and what crimes are punishable by death under BNS.
What does Death Penalty or Capital Punishment mean?
The legal system in India does not restrict death penalty or capital punishment in Bharatiya Nyaya Sanhita or any other laws. Hence, for serious crimes, death can be the punishment. It is followed as a deterrent effect against committing crimes. What we can generally understand by capital punishment or death penalty is that a person who is convicted for committing a specific crime be killed as a kind of punishment in BNS. How it may be executed, is provided under Section 393 (5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Stating about the language and contents of judgment, the provision states that “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.” When finalised, a warrant of execution of a sentence of death under Form 43 is ordered by the Court concerned.
Which crime is punishable by death in India?
- Rape on woman under 12 years
Section 65(2) of BNS provides punishment for anyone who commits rape on a woman/girl below the age of 12 years. Considering the age of innocence and the heinous crime, the legislature makes the offence punishable with rigorous imprisonment of at least 20 years which may be extended to life imprisonment (remainder of natural life) with fine, or death penalty.
- Gang rape with woman below 18 years
For someone who commits gangrape on a woman, the offence is punishable with rigorous imprisonment of minimum 20 years extendable to life imprisonment. However, as per Section 70(2) of Bharatiya Nyaya Sanhita, 2023, when the victim is aged below 18 years, each one of the offenders are punishable with life imprisonment along with fine, or capital punishment, as the case may be.
- Rape causing death or resulting in persistent vegetative state of victim
While rape is in itself soul shaking act, when it results in the death of the victim, or persistent vegetative state wherein she is left unconscious or brain dead, not truly aware of whatever happens around them, the law makers have provided severe punishment. Section 66 makes the culprit punishable with rigorous imprisonment of not less than 20 years, extendable to life imprisonment, or death penalty under BNS.
- Repeat offenders of rape
Anyone who has been convicted for an offence punishable under Sections 64/65/66/70 and subsequently convicted for one of the said offenses is punishable with life imprisonment for remainder of life or capital punishment under BNS Section 71.
- Murder
While tit for tat is for kids, “A life for a life” has been considered the reason for punishing someone with death penalty for murder. Section 103 of BNS states the punishment for murder. Any person who commits murder under Section 101 is punishable with death penalty or life imprisonment along with fine.
- Mob Lynching
While the Indian Penal Code was silent about this, the Bharatiya Nyaya Sanhita, 2023 addresses the newly erupted menace of mob lynching in India. While sub-section (1) of Section 103 states the punishment for murder, sub-section (2) poses the punishment when murder is caused by 5 or more persons on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground. Each participant in the said offence is punishable with death penalty or imprisonment for life along with fine.
- Murder by Life Convict
When you are already serving severe punishment for an offence, it is better to watch over your conduct. If someone is already serving a sentence of life imprisonment and commits murder, he/she is punishable with capital punishment or imprisonment for the remainder of life.
- Abetment of suicide of child or person of unsound mind
Life is precious, and if someone takes his/her life due to someone else boosting or supporting the act, that other person has to bear the wrath for inhuman action. If a person who is a child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, and someone abets such a person to commit suicide, Section 107 punishes him/her with death penalty under Bharatiya Nyaya Sanhita, or life imprisonment along with fine.
- Attempt to murder by person serving Life Imprisonment
As per Section 109 of BNS, if someone already serving a severe sentence of imprisonment and attempts to commit murder has to face capital punishment in BNS for such intended action or imprisonment of 10 years along with fine.
- Organised Crime resulted in death of a person
Organised crime if the newly introduced offence in the New Criminal Laws. As per Section 111(2)(a) of BNS, if organised crime resulted in death of someone, the one who committed the offence has to face capital punishment under BNS 2023 or imprisonment for life along with minimum fine of Rs 10 lakhs.
- Terrorist act resulted in death of a person
Terrorism is a global issue, and the Indian Penal Code did not particularly deal with the problem, since there were other laws. However, the death penalty under Bharatiya Nyaya Sanhita has been provided for terrorist act when it results in death of a person, or with life imprisonment along with fine.
- Kidnapping/abduction to kill/for ransom
Section 137 of the BNS defines what kidnapping is, and Section 138 defines abduction. The Section 140 (2) punishes a person who kidnaps or abducts another or detains such detained/kidnapped person, and threatens to cause death or hurt to such person, or gives reasonable apprehension of putting to or actually causing death or hurt, just to compel the Government/foreign State/international inter-governmental organisation/ any other person to do or abstain from doing something or for paying ransom, with capital punishment in BNS, or imprisonment for life along with fine.
- Waging/attempting/abetting war against Government of India
As per Section 147 of Bharatiya Nyaya Sanhita, anyone who wages war, or attempts/abets such war against the Government of India is punishable with death penalty or imprisonment for life with fine.
- Abetment to commit mutiny
Mutiny means an open rebellion against the proper authorities. When someone abets mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India has to face capital punishment under BNS after conviction. The offence under Section 159 also includes attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, commonly termed as honey traps.
- Giving false evidence leading to conviction/execution of innocent person.
The Indian Legal System resonates around the theory that hundreds of culprits may be released, but one innocent fellow should not be convicted. But the system works based on evidence to decide guilt of accused persons. So, if someone gives convincing but false evidence, and an innocent person is convicted and thereby executed of a capital offence, i.e., for which death penalty under BNS has been provided, such a person who gave false evidence is punishable with capital punishment in BNS.
