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CAPITAL PUNISHMENT

Punishability depends on Degree of culpability of criminal act. Danger posed to society Depravity of offender

CAPITAL PUNISHMENT JUSTIFIED


In extreme cases High degree of culpability Grave danger to society Personal attributes Circumstances Gravity of offence

PUNISHMENT TO COMMENSURATE
With gravity of offenders act societal reaction to it

RETRIBUTIVE EFFECT OF DEATH PENALTY


Used as retributive justice To forfeit life of a person who takes away anothers life Motive for death penalty-vengeance It failed as measure of social protection Number of executions less than murders It is commented,pardoned

DETERRENT EFFECT OF CAPITAL PUNISHMENT


Fear of death Helps for reducing homicide Trend is to avoid death penalty It,s retentionfavoured to this day

MODE OF EXECUTION
Crucification,boiling,beheading injection, hanging in public wall They have fallen into disuse

ABOLITION OF DEATH SENTENCE


Ceylon abolished in 1956 Lombroso supported it for habitual Beccaria denounced it Garofalo opposed it France abolished it recently American penologists justify it

CAPITAL PUNISHMENT IN INDIA


Ramayana, Mahabharata-it was in practice Manu-death penalty necessary Mughal rule-it revived in crude form

RETENTION OF CAPITAL PUNISHMENT


HOW FAR JUSTIFIED During no period, it was discarded Penologists reacted differently Some supported, others against Retentionists- deterrent value Death of killer-requirement of justice Increase in homicide rate, despite capital punishment Law commission-it is to be retained Incidence of crime not fallen

NEITHER RETENTION,NOR ABOLITION


Desirability depends on nature of crime, circumstances

DESIRABILITY OF CAPITAL PUNISHMENT


Retention desirable for hardened criminals In India, due to racial,ethnical Sex labors are too strict Most murders impure-meditated Due to ill- will, emotion It serve no deterrent purpose Retention for protection of society Classification to be made on the basis of environment, personality of offenders Some murders kill men only for pleasure Death sentence for beastly offenders

RETENTION PREFERRED TO ABOLITION


Retention necessary for hardened criminals Government lenient in commuting death sentence to imprisonment General concensus is for retention
It may be used sparingly to rare cases

Object of punishment-to safeguard life ,property