Shankarrao Chavan Law College, Pune (Practical Research Methodology

1
Marathwada Mitra Mandal’s

Shankarrao Chavan Law College, Pune
(Practical Research Methodology)
Submission of Doctrinal Research
On
“CAPITAL PUNISHMENT IN INDIA’
Submitted To
Dr. Nalini Ambad Madam
(Asst. Professor)
Submitted by
Pradnya Rajendra Chavan
LL.M. 1st, Sem-II Roll No. 22
2022-2023
Savitribai Phule Pune University, Pune-411007

2
Index
Sr. No. Content Page No.

1. DICTIONARIES (ONLINE VERSION)
i) Britannica Dictionary
ii) Cambridge Dictionary
2. BOOKS
i) The Indian Penal Code by Ratanlal and Dhirajlal
ii) Indian Constitutional Law by M.P. Jain
iii) The Code of Criminal Procedure by Ratanlal and
Dhirajlal
iv) International Law and Human Rights by H.O. Agarwal
3. BARE ACTS
1. The Indian Penal Code,1860
2. The Constitution of India
3. The Criminal Procedure Code,1973
4. Air Force Act
5. Air Force Act, 1950 - Army Act, 1950 –
6. Navy Act, 1950 - Indo Taliban Border Police Force
Act, 1992
7. Schedule Caste and Schedule Tribe (Prevention of
Auto cities) Act 1989 –
8. Prevention of Terrorism Act, 1987
4. BLOGS
i) Abolition of Death Penalty In India by Sriya Singh
ii) Overview and analysis of capital punishment in india by
Arya Mishra
iii) Death Sentence In India by Rai Diva
5 JOURNALS AND ARTICLES (Print/Online Version)

3
i) Monica Sakhrani& Maharukh Adenwalla, “Death

Penalty” Economic & Political Weekly; Vol. 40;
Issue No. 11, 12 March, 2005
ii) Law commission of India, “Consultation paper on mode
of execution of death sentence and incidental
matters” (PDF)
iii) Ahmed, I.G. (2002). Death Sentence and Criminal
Justice in Human Right Perspective. Published in
University of Calcutta
iv) Michigan State University and Department of
Information Centre. (2007). Death Penalty When
Generates Death Legally. Michigan State
University Press. Retrieved December 29, 2013
v) Sapre, DP. and Karmarkar, MD (2012). Capital
Punishment. Journal of Sapre forensic, Medica
Karmarksl, Science and Law. Volume 2, Number 2.
pp 28 -36
vi) Bahati and Honorable Justice Anthony. (2005). The
death penalty debate. Amnesty International
Report. Retrived December 30, 2013 from
http://www.amnestyinternational.org
6 NEWSPAPER ARTICLES (Online Version)

i) Amit Anand Choudhary, SC admits mistake in awarding
death sentence, commutes it to life imprisonment,
THE TIMES OF INDIA (Jan. 20, 2020, 03:04 PM),
https://timesofindia.indiatimes.com/india/sc-
admits-mistake-inawarding-death-sentence-
commutes-it-to-life-
imprisonment/articleshow/71411563.cm.
ii) "Profiles: Who were the Delhi gang rape convicts?". BBC
News. 20March 2020. Retrieved 20 October 2020.
iii) Majumdar, Sanjay (4 August 2005). "India and Death
penalty". BBC News
4
7 CASES INVOLVED
i) Mithu Singh v. State of Punjab.
ii) Bacchan Singh v. State of Punjab
iii) Macchi Singh v. State of Punjab.
iv) Jagmohan Singh v. State of Uttar Pradesh
v) Rooper v. Simmons
vi) Vinay Sharma vs Union of India
vii) Shabnam Vs Union of India
viii) Surendra Koli Vs State of Uttar Pradesh
ix) Yakub Abdul Razak Memon vs State of
Maharashtra
8 Law Commission Report
5
Index
Sr. No. Particulars Page No.
1 CERTIFICATE BY GUIDE 6
2 DECLARATION BY STUDENT 7
3 ACKNOWLEDGEMNT 8
4 CHAPTER 1: - 9-13
INTRODUCTION
5 CHAPTER II: - 14-20

CRIMES PUNISHABLE BY DEATH PENALTY
6 CHAPTER III 21-23

PROCEDURE AFTER IMPOSING CAPITAL
PUNSHIMENT
7 CHAPTER IV 24- 26
EXEMPTION AND EXECUTION PROCEDURE
8 CHAPTER V 27-28
CONSTUTIONAL PERSPECTIVE
9 CHAPTER VI 29-31
LAW COMMSION REPORTS
10 CHAPTER VII 32-33

DOCTRINE OF RAREST OF RARE CASE AND
INTERNAL STANDS FOR DEATH PENALTY
11 CHAPTER VII 34-36

CASE LAWS
12 CHAPTER IX 37
CONCLUSION
6
Marathwada Mitra Mandal’s

Shankarrao Chavan Law College, Pune
(Legal Research Methodology)
(Affiliated to Savitribai Phule Pune University, Pune)
Ref. No. Date: 13/05/2023
CERTIFICATE
This is to certify that, Miss. Pradnya R. Chavan has worked

on Doctrinal Research titled “CAPITAL PUNSHMENT In
India”, under my guidance and supervision during LL.M.
(Two Years-Choice Based Credit Course) in the academic year
20-2019.
Research Guide
(Asst. Professor)
7
DECLARATION BY THE STUDENT
I Miss. Pradnya Rajendra Chavan hereby declare that the work

embodied in this Doctrinal Research titled “Capital Punishment In
India” is my own research carried out by me during LL.M. (Two Years-
Choice Based Credit Course) in academic year 2022-23, I would like to
confirm that wherever references have been made to the contribution of
others, it has been acknowledged and accordingly indicated in footnotes
and references.
I also declare that in case of any plagiarism, I alone will be responsible
for every loss or injury caused to my College or Research Guide and
therefore I will indemnify for the same.
Researcher Student Research Guide,

8
ACKNOWLEDGEMENT
I convey my heart full gratitude to Prof. Nalini Ambad, Department of law,

MMSCLC, Pune for her valuable guidance, constant encouragement
without which the present study would not have come to its present shape.
I am very thankful to all the other professors and teaching associates and
all the staff of library of MMSCLC, Pune who also guided me for doing
this work.
Finally, I wish to offer my gratitude to all my family members and friends,

for their kind support encouragement and help as and when required.
Date: Pradnya R. Chavan
Place: Pune Research Candidate

9
CHAPTER 1:- INTRODUCTION

10
11
MEANING OF CAPITAL PUNSHMENT / Dictionary

12
13
14
CHAPTER II
CRIMES PUNISHABLE BY DEATH PENALTY
15
16
17
THE NAVY ACT,1957
THE ARMY ACT,1950

18
THE AIR FORCE ACT, 1950

19
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT,1985

20
THE SATI PREVENTION ACT, 1987

21
CHAPTER III
PROCEDURE AFTER IMPOSING CAPITAL PUNSHIMENT

22
23
24
CHAPTER IV
Category Of Offenders Exempted from Capital Punishment
1) Pregnant Women
2) Minors
25
26
EXECUTION PROCEDURE IN INDIA:-
Hanging
27
CHAPTER V
Constitutional Validity of Capital Punishment
28
29
CHAPTER VI
Law Reports:-
30
31
32
CHAPTER VII
DOCTRINE OF RAREST OF RARE CASE :-
33
INTERNATIONAL STANDS FOR CAPITAL PUNISHMENT

34
CHAPTER VIII
CASE LAWS ON THE CAPITAL PUNSHMENT: -

35
36
37
CHAPTER iX
Conclusion:-

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1

Marathwada Mitra Mandal’s

Submission of Doctrinal Research

Savitribai Phule Pune University, Pune-411007

Sr. No. Content Page No.

5 JOURNALS AND ARTICLES (Print/Online Version)

i) Monica Sakhrani& Maharukh Adenwalla, “Death

6 NEWSPAPER ARTICLES (Online Version)

Sr. No. Particulars Page No.

5 CHAPTER II: - 14-20

6 CHAPTER III 21-23

10 CHAPTER VII 32-33

11 CHAPTER VII 34-36

Marathwada Mitra Mandal’s

Ref. No. Date: 13/05/2023

This is to certify that, Miss. Pradnya R. Chavan has worked

DECLARATION BY THE STUDENT

I Miss. Pradnya Rajendra Chavan hereby declare that the work

Researcher Student Research Guide,

I convey my heart full gratitude to Prof. Nalini Ambad, Department of law,

Finally, I wish to offer my gratitude to all my family members and friends,

Date: Pradnya R. Chavan

Place: Pune Research Candidate

CHAPTER 1:- INTRODUCTION

MEANING OF CAPITAL PUNSHMENT / Dictionary

THE NAVY ACT,1957

THE ARMY ACT,1950

THE AIR FORCE ACT, 1950

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT,1985

THE SATI PREVENTION ACT, 1987

PROCEDURE AFTER IMPOSING CAPITAL PUNSHIMENT

Category Of Offenders Exempted from Capital Punishment

EXECUTION PROCEDURE IN INDIA:-

INTERNATIONAL STANDS FOR CAPITAL PUNISHMENT

CASE LAWS ON THE CAPITAL PUNSHMENT: -

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