Capital punishment or death penalty is the most serious nature of punishment. Some countries abolished it. It is awarded in India in certain exceptional cases. The offenses which are punishable with the death sentence under Indian Penal Code, such offenses are...Murder,  waging war against the state,  abatement of mutiny, abetment of suicide committed by a child or insane, Attempt by life convict to murder, dacoity with murder, Kidnapping for ransom etc.


The offenses which are punishable with the death sentence under the Indian Penal Code -

     

1) Waging war against the government (Section 121) 


   
   According to Section 121 of the Indian Penal Code, whoever wages war against the Government of India or attempts to wage such war or abets the waging of such war shall be punished with death or imprisonment for life and shall also be liable to fine.

Illustration - 


     A joins an insurrection against the Government of India. A has committed the offence defined in this section.


2) Abetment of mutiny (Section 132) 


   Section 132 of the Indian Penal Code says that, whoever abets the committing of mutiny by an officer, soldier, sailor or airman , in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.


3) Giving or fabricating false evidence leading to procure one's conviction for capital offenses (Section 194)



        According to Section 194 of Indian Penal Code, whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; if innocent person be thereby convicted and executed, and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.


4) Murder (Section 302) 


      
Section 302 of the Indian Penal Code provides punishment for murder. According to Section 302 of the Indian Penal Code, whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.


See...Murder: When Culpable Homicide is not Murder. (Section 300 of the Indian Penal Code 1860)


5) Abetment of suicide committed by child or insane person (Section 305)

   
         According to Section 305 of the Indian Penal Code, If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.


6) Attempt to murder by a life convict, if hurt is caused (Section 307)


    According to Section 307 of the Indian Penal Code, whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine and if hurt is caused to any person by such act the offender shall be liable either to imprisonment for life or to such punishment as is hereinbefore mentioned. Attempts by life-convicts. Attempts by life-convicts - When any person offending under this section is under sentence of imprisonment for life, he may if hurt is caused, be punished with death.


Illustrations -


       (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued A would be guilty of murder. A is liable to punishment under this section.

      (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place A has committed the offense defined by this section, though the death of the child does not ensue.

      (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offense. A fires the gun at Z. He has committed the offense defined in this section and if by such firing he wounds Z he is liable to the punishment provided by the latter part of the first paragraph of this section.

      (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence in this section. A places the food on Z's table or delivers it to Z's servants to place it on Z's table. A has committed the offense defined in this section.


See...Attempt to murder: Offences affecting the Human Body (Section 307 of the Indian Penal Code, 1860)



7) Dacoity with murder (Section 396)


             If any one of five or more persons, who are conjointly committing dacoity commits murder in so committing dacoity every one of those persons shall be punished with death or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

See...Robbery: Offences against Property (Section 390 of the Indian Penal Code 1860)

8) Kidnapping for ransom etc (Section 364A) 



           Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person or by his conduct gives rise to a reasonable appreension that such person may be put to death or hurt or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.


See also...

Cruelty by Husband or Relatives of Husband (Section 498-A of the India Penal Code, 1860)

Offences Relating to Religion (Section 295 to Section 298 of the Indian Penal Code 1860)

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