Enumerate the offences Punished by a Sentence of Death.

Question: Enumerate the offences punished by a sentence of death.

Find the answer to the mains question of IPC only on Legal Bites. [Enumerate the offences punished by a sentence of death.]

Answer

The crimes and offences which are punishable by death are:

Aggravated murder

Aggravated murder is punishable by death in accordance with

Other offences resulting in death

In the Indian Penal Code, the death penalty is given to a person who commits murder during an armed robbery. The abduction of the victim for the money is punishable with the death penalty if the victim is killed. Organized crime involvement, if it leads to death, is punishable by death. Committing or helping to commit Sati to another person is also punishable by the death penalty.

Terrorism-related offences not resulting in death

The use of any special category of explosive to cause an explosion that could endanger life or cause serious damage to property is punishable by the death penalty.

Rape not resulting in death

A person who inflicts injury in a sexual assault that results in death or is left in a “persistent vegetative state” may be punished with death under the Criminal Law Act, 2013. Gang rapes are punishable by death penalties.

Kidnapping not resulting in death

According to Section 364A of the Indian Penal Code, 1860, kidnapping not resulting in death is an offence punishable by death. If any person detaining anybody and threatens to kill him or harm him during which the kidnapper’s act actually resulted in the death of the victim, will be liable under this section.

Drug Trafficking not resulting in the death

If a person convicted of a commission or attempt to commit, abet, or criminal conspiracy to commit any of a range of drug trafficking offences, or financing of certain types and amounts of narcotic and psychotropic substances, he or she can be sentenced to death.

Treason

The death penalty is given to any person who is waging or trying to wage war against the government and helping Navy, Army, or Air Force officers, soldiers, or members to commit a mutiny.

Military offences not resulting in death

Abetment of assault, mutiny or attempting to seduce an airman, soldier, the sailor from his duty and various other offences are punishable by death if committed by a member of the Army or Navy or Air Force.

The commutation of a sentence means the process of substituting the sentence provided by a competent with a lesser or lighter sentence. The head of the state has the supreme authority to exercise the executive power for granting pardon after taking into account several reasons and circumstances which may not be apposite for consideration before the courts.

Section 55 of the Indian Penal Code, 1860 provides for Commutation of a sentence of imprisonment for life. Whereas section 54 empowers the appropriate Government to commute the sentence of death this section empowers the same authority to commute the sentence of imprisonment for life.

Under this section also, like section 54, consent of the offender is not necessary for the commutation. The sentence of imprisonment for life may be commuted to imprisonment of either description not exceeding fourteen years. A similar provision exists in section 433(b) of the Code of Criminal Procedure, 1973. Since the power of commutation has been vested in the appropriate Government by this section and section 433(b) of the Code of Criminal Procedure, 1973, the Courts are not entitled to issue directions in this regard.

The 14-year limit is dealt with under this provision which particularly states that state governments can grant remission to (means reduce) the sentence awarded by the court. However, in such cases, the sentence can’t be reduced to anything less than 14 years.

However, section 55 talks about Imprisonment for life which means imprisonment for the remaining span of life of the convict and consequently a convict cannot claim as of right that his sentence of imprisonment for life should expire after fourteen years. However, these provisions are subject to Articles 72 and 161 of the Constitution wherein the President of India and Governor of a State respectively have been empowered to grant pardons etc. and suspend, remit or commute sentences in certain cases. Appropriate Government has been defined in section 55-A of the Indian Penal Code.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions