| Contents |
|
Volume I |
| Chapter I |
Preliminary |
| Topic Number 1 ot 5 |
Reference to the Law Commission |
|
Reference to the Law Commission |
| Chapter II |
Move for Abolition |
| Topic Number 6 |
History of the abolition move in India |
| Topic Number 7 |
History of abolition move in England |
| Topic Number 8 |
Abolition move in United States of America and Central and South America |
| Topic Number 9 |
Capital Punishment-Abolition in Europe, Australia and New Zealand |
| Topic Number 10 |
Abolition move in Canada |
| Topic Number 11 |
Abolition in Asia |
| Topic Number 12 |
Abolition move in United Nations |
| Chapter III |
Existing Law |
| Topic Number 13 |
Existing provisions of the Indian Penal Code regarding Capital offences |
|
Stages of approach in culpable homicide and murder |
| Topic Number 14 |
Vicarious or constructive liability |
|
Section 149, Indian Penal Code |
| Chapter IV |
Abolition or Retention |
| Topic Number 15 |
Major question of abolition or retention |
| Topic Number 16 |
Arguments for retention |
|
Proportionate to crime |
| Topic Number 17 |
Arguments for abolition |
| I to IV. |
General |
| V to VII. |
Irrevocable |
| VIII. |
Deterrent and other objects not achieved |
| A. |
Deterrent effect not achieved |
| B. |
Retributive object criticised |
| IX. |
Counter-arguments for abolition |
| X to XII. |
Experiment of abolition worth making |
| Topic Number 18 |
Abolition or retention-Replies to Question No. 1 |
|
To be dovetailed into main volume |
|
Arguments for abolition |
| Topic Number 19 |
Arguments for abolition considered |
| Topic Number 20 |
Irrevocability |
| Chapter 5 |
Objects of Capital Punishment |
| Topic Number 21 |
Objects of capital punishment |
| Topic Number 22 |
Objects of Capital Punishment-Answer to Question 2(a) |
| Topic Number 23 |
Conclusion regarding object-Deterrent object strongest justification-retributive object how relevant |
| Topic Number 24 |
Deterrent effect--Detailed discussion |
| I. |
Deterrent Effect-experience of countries where capital punishment abolished, or abolished and restored |
| II. |
Reasons for restoration in foreign countries |
| III. |
Comparison of figures of abolition and non-abolition States for the same period |
| IV. |
Specific illustrations of deterrent effect |
| V. |
Special position in India |
| VI. |
Punishment not the only deterrent |
| VII. |
Deterrent use unjustified-Wrong to punish A to deter B |
| VIII. |
Other arguments regarding deterrent effect |
| IX. |
Some important points |
| X. |
The basic argument |
| XI. |
Discussion in other Reports |
| XII. |
Abolition in Indian States |
| XIII. |
Result of U.N. Survey as to deterrent effect |
| Topic Number 25 |
Deterrent effect how far achieved-Replies to Question 2(b) summarised (1) |
|
Deterrent effect how far achieved-Replies to Question 2(b) summarised (2) |
| Topic Number 26 |
Conclusion regarding deterrent effect |
| Chapter VI |
Detailed Consideration of Offences |
| Topic Number 27 |
Replies to question No. 3(a) |
|
Section 132-Abetment of mutiny by a member of the armed forces |
| Topic Number 28 |
Retention or abolition for each offence considered |
| Topic Number 29 |
Whether other offences to be capital-Replies to Question 3(b) |
|
Black marketing |
|
Homicide by negligence |
| Topic Number 30 |
Other offences-whether to be made capital |
|
Kidnapping and abduction |
|
Negligence-homicide by |
|
English law relating to homicide by negligence-Murder |
|
Profiteering |
| Chapter VII |
Discretion of the Court |
| Topic Number 31(a) |
Replies to Question No. 4 (1) |
|
Replies to Question No. 4 (2) |
| Topic Number 31(b) |
How discretion exercised |
| Topic Number 31(c) |
Recommendation regarding discretion of the Court |
| Topic Number 31(d) |
Lesser sentence for offences under sections 302 and 303 |
| Topic Number 32(a) |
Considerations guiding the discretion of the court |
| Topic Number 32(b) |
Replies to Question No. 5 (1) |
|
Replies to Question No. 5 (2) |
| Topic Number 32(c) |
Conclusion regarding codification of considerations |
| Topic Number 33 |
Apprehension about discretion |
| Chapter VIII |
Categories of Murders |
| Topic Number 34(a) |
Division of murders-Introductory |
| Topic Number 34(b) |
Categories of murder-General discussion, and Homicide Act, 1957 |
|
Position in Canada |
| Topic Number 34(c) |
Replies to Question 6(a)(b) (1) |
|
Replies to Question 6(a)(b) (2) |
| Topic Number 34(d) |
Categories suggested in the various replies considered |
| Topic Number 35 |
Conclusion as to categories of murders |
| Topic Number 36 |
Premeditation |
| Topic Number 37 |
Scheme in the Burmese Code |
| Topic Number 38 |
Intent to kill |
| Chapter IX |
Normal Sentence |
| Topic Number 39(a) |
Replies to Question No. 7 |
|
Aggravating circumstances |
| Topic Number 39(b) |
Whether normal sentence should be imprisonment for life |
| Topic Number 40 |
Whether normal sentence should be death |
| Chapter X |
Reasons for Sentence |
| Topic Number 41 |
Replies to Question No. 8 |
| Topic Number 42 |
Conclusion, regarding necessity of provision requiring reasons for lesser sentence |
| Chapter XI |
Exemption in Particular Cases |
| Topic Number 43 |
Replies to Question 9 |
|
Pregnant women |
| Topic Number 44 |
Exemption on the ground of young age |
| Topic Number 45 |
Exemption to women generally |
| Topic Number 46 |
Exemption for pregnant women |
| Topic Number 47 |
Infanticide |
| Chapter XII |
Diminished Responsibility |
| Topic Number 48 |
Diminished Responsibility |
|
Negative Illustrations |
| Topic Number 49 |
Other exemptions considered |
| Chapter XIII |
Some Procedural Questions |
| Topic Number 50(a) |
Replies to question 10 |
| Topic Number 50(b) |
Scope of appeal in criminal cases where a sentence of death is in issue |
|
Cases not appealable at present without certificate etc |
| Topic Number 51 |
Plea of guilty |
| Topic Number 52 |
Medical Examination of the accused |
| Chapter XIV |
Mercy |
| Topic Number 53(a) |
Existing powers of commutation |
| Topic Number 54 |
Replies to question 11(a) |
| Topic Number 55 |
Dual prerogative |
| Topic Number 56 |
Need for retaining the Power |
| Topic Number 57(a) |
Principles and procedure for exercise of prerogative of mercy |
|
Procedure-replies regarding |
| Topic Number 57(b) |
Principles for mercy-whether codification desirable |
| Topic Number 57(c) |
Procedure for exercise of mercy-whether any provisions needed |
| Chapter XV |
Execution of Sentences |
| Topic Number 58(a) |
Method of execution of death sentence |
| Topic Number 58(b) |
Replies to question 12 |
| Topic Number 58(c) |
Conclusion as to method of execution |
| Topic Number 58(d) |
Execution in public, and publicity to be given to execution |
| Chapter XVI |
Miscellaneous |
| Topic Number 59 |
Other points made in the replies to Questionnaire |
| Topic Number 60 |
Interval to be allowed between death sentence and execution |
| Topic Number 61 |
Conduct of prisoners after release, and rules regarding remission |
| Topic Number 62 |
Legal aid to persons concerned in capital cases |
|
Summary of Main Conclusion and Recommendations |
| Appendix I |
Questionnaire Issued by the Law Commission on Capital Punishment |
|
Questionnaire Issued by the Law Commission on Capital Punishment |
| Appendix II |
Analysis of Certain Illustrative Cases in Relation to the Sentence Imposed for Murder |
|
Analysis of Certain Illustrative Cases in Relation to the Sentence Imposed for Murder |
|
Subject-Wise Index to Analysis of Cases |
| Case No. 1 to 5 |
Kashmira Singh v. State of Madhya Pradesh, AIR 1952 SC 159: 1952 SCR 526 |
| Case No. 6 to 10 |
Pran Das v. State, AIR 1954 SC 36 (Not in SCR) |
| Case No. 11 to 15 |
Sunder Singh v. State of Uttar Pradesh, AIR 1956 SC 411 (Not in SCR) |
| Case No. 16 to 20 |
Brij Bhukhan v. State of Uttar Pradesh: AIR 1957 SC 474 (Not in SCR) |
| Case No. 21 to 25 |
K. Subba Rao, Raghubar Dayal and J. R. Mudholkar Court 1787-(1962) 2 SCR 395 |
| Case No. 26 to 30 |
Piare Dusadh v. Emperor, AIR 1944 FC 1 (14): ILR 23 Pat 159: ILR 1944 Nag 300: (1944) 6 FCR 61 |
| Case No. 31 to 35 |
Kali v. Emperor, AIR 1923 All 474(2): ILR 45 All 143 |
| Case No. 36 to 40 |
Tola Ram v. Emperor, AIR 1937 Lah 674: ILR 8 Lah 684 |
| Case No. 41 to 45 |
Emperor v. Bhagwan Din, AIR 1931 Oudh 89(1) |
| Case No. 46 to 50 |
Kartar Singh v. Emperor, AIR 1932 Lah 259 (260) |
| Case No. 51 to 55 |
Rangappa Goundan (in re:), AIR 1935 Lah 337 |
| Case No. 56 to 60 |
Gurdev Singh v. Emperor, AIR 1948 Lah 58 |
| Case No. 61 to 65 |
Serajuddin v. State, AIR 1951 All 834 (836) |
| Case No. 66 to 70 |
Govindaswami (in re:), AIR 1953 Mad 372 |
| Case No. 71 to 75 |
Khan v. The State, AIR 1955 Cal 146 |
| Case No. 76 to 80 |
Munirathnam Reddy (in re:), AIR 1955 Andh 118 |
| Case No. 81 to 85 |
State of Bihar v. Ramautar Singh, AIR 1956 Pat 10 (15) |
| Case No. 86 to 90 |
State v. Basu Tanti, AIR 1957 Pat 462: ILR 34 Pat 462 |
| Case No. 91 to 95 |
Dasrath Paswan v. State of Bihar, AIR 1958 Pat 190 |
| Case No. 96 to 101 |
Balbir Singh v. State, AIR 1959 Punj 332: ILR 1959 Punj 1473 |
| Appendix III |
Table of Abolitionist Countries or States, with Date of Abolition |
|
Table of Abolitionist Countries or States, with Date of Abolition |
| Appendix IV |
Country-Wise Statement of Abolition or Retention1-3 |
|
Explanation of Symbols |
| Appendix V |
Capital Offences in Various Countries1-2 |
|
Offences against Life or Body |
| Appendix VI |
Position Regarding Appeals from Death Sentences in Certain Countries |
|
Position Regarding Appeals from Death Sentences in Certain Countries |
|
Considerations Governing Review on Certiorari |
| Appendix VII |
Provisions Regarding Pregnant Women and Death Sentence |
|
Pregnant Women |
| Appendix VIII |
Age and Capital Punishment-Position in Certain States of India and in Certain Other Countries Age |
|
Position in some States of India |
|
Position in some other countries |
| Appendix IX |
Capital Crimes in Some Countries of the British Commonwealth (Detailed Statement) |
|
Capital Crimes in Some Countries of the British Commonwealth |
| Appendix X |
Countries in Which Death Sentence is Mandatory1 for Certain Offences |
|
List of countries in which death sentence is mandatory for certain offences |
| Appendix XI |
Extracts from the Burmese Penal Code, and Analysis of the Burma Provisions |
|
Extracts from the Burmese Penal Code1 |
| Appendix XII |
Ceylon Acts Regarding Capital Punishment |
|
Suspension of Capital Punishment Act, (No. 20 of 1958) |
| Appendix XIII |
Extracts of Sections 194, 201 and 202 of the Canadian Criminal Code |
|
Extracts of Sections 194, 201 and 202 of the Canadian Criminal Code |
| Appendix XIV |
Canadian Act of 1961 |
|
Canadian Act of 1961 |
| Appendix XV |
Table Analysing Effect of Restoration |
|
Abolition Countries |
| Appendix XVI |
Table Analysing Effect of Non-Restoration- |
|
Table Analysing Effect of Non-Restoration- |
| Appendix XVII |
Cases of Cruel Murder |
|
Cases of Cruel Murder |
| Appendix XVIII |
Cases of Appeals Under Articles 134 and 136 of the Constitution Relevant to the Sentence of Death |
|
Cases of appeals to Supreme Court |
| Appendix XIX |
Summary of Capital Statutes in the 18th Century In England |
| 1 to 5 |
High Treason |
| 6 to 10 |
Riotous offences |
| 11 to 15 |
Smuggling |
| 16 to 20 |
Stabbing |
| 21 to 25 |
Shooting, etc., with intent to murder, etc |
| 26 to 30 |
Burglary |
| 31 to 38 |
Offences by Bankrupts |
| Appendix XX |
English Law of Treason |
|
English Law of Treason |
| Appendix XXI |
Death Penalty in Russia |
|
Death Penalty in Russia |
| Appendix XXII |
Provisions in French Penal Code Regarding Treason |
|
Provisions in French Penal Code Regarding Treason |
| Appendix XXIII |
Capital Punishment in Hindu Law |
| A. |
Chronology |
| B. |
Homicide in Hindu Law |
| C. |
Capital Punishment in Hindu Period |
| D. |
Principles of punishment |
| E. |
Classification of punishment in Hindu Law |
| F. |
Different kinds of punishment in Hindu Law |
| G. |
Arguments against capital punishment in Hindu Law |
| H. |
Capital punishment for various crimes in Hindu Law |
| I. |
References from Manu |
| J. |
Capital punishment and Buddhist rulers |
| K. |
Maratha period Impaling and Trampling under Feet by Elephants |
| Appendix XXIV |
Capital Punishment in India During the Muslim Period |
| I. |
Introductory |
| II. |
Muslim Law as in Force at the Advent of British Rule |
|
Detailed Analysis |
| A. |
Homicide |
| B. |
Types of illegal homicide under Muslim Law |
| C. |
Other Capital Offences under Muslim Law |
| Appendix XXV |
Capital Punishment Under the British Rule But Before the Enactment of the Indian Penal Code |
|
Capital Punishment under the British rule but before the enactment of the Indian Penal Code |
|
Regarding insane persons, Act 4 of 1849 provided as follows |
|
Sections 1 and 2 of Act 16 of 1857 may be quoted |
| Appendix XXVI |
List of Capital Offences Under Bombay Regulation XVI of 1827, and Provisions therein Regarding Offences which are now Capital |
|
List of Capital Offences Under Bombay Regulation XVI of 1827, and Provisions therein Regarding Offences which are now Capital |
| Appendix XXVII |
Recommendations of the Indian Law Commissioners |
|
Recommendations of the Indian Law Commissioners |
|
General view of criminal law as prevailing in 1837 |
| Appendix XXVIII |
Amendments Relevant to Capital Punishment, after the Passing of the Indian Penal Code, 1860 |
|
Amendments to Indian Penal Code after it was passed may be noted |
| Appendix XXIX and XXX |
India-Proportion of Murders to One Million Inhabitants |
|
India-No. of murders proportionate1 to one million inhabitants |
| Appendix XXXI |
Supreme Court Statement of Criminal Appeals and Special Leave Petitions Involving Capital Sentences (1957 to 30th September, 1963) |
|
Supreme Court Statement of Criminal Appeals and Special Leave Petitions Involving Capital Sentences |
| Appendix XXXII |
High Courts-Statements Relating to Cases Involving Capital Punishment (1957 to 1962) |
|
Index to High Court Figures |
|
Andhra Pradesh |
|
Assam High Court |
|
Calcutta High Court |
|
Gujarat High Court |
|
Kerala High Court |
|
Madras High Court |
|
Capital Punishment |
|
Madhya Pradesh |
|
Mysore High Court |
|
Orissa High Court |
|
Patna High Court |
|
Punjab High Court |
|
Rajasthan High Court |
| Appendix XXXIII |
India-Number of Murder Cases (1953-1962) Reported to the Police |
|
India Number of murder cases reported to police |
| Appendix XXXIV |
India-State-Wise Figures of Homicide Cases (With Figures of two Notoriously Criminal Districts) (1953 to 1962) |
|
Index to State Governments and Administrations' Figures |
|
Andamans |
|
Particulars regarding murder cases during last ten years |
|
Andhra Pradesh |
|
Statistics of cases of murders for the last 10 years (i.e., from 1953 to 1962) in Andhra Pradesh State |
|
Bihar |
|
Statement regarding capital punishment in murder cases in Bihar State |
|
Gujarat |
|
Statement showing the information of figures of murders in Baroda District (Gujarat State) from 1954 to 1963 |
|
Himachal Pradesh |
|
Statement showing the Figures of murder cases in Himachal Pradesh for the last 10 years |
|
Kerala |
|
Statement of murder cases-Capital Punishment for the year from 1954 to 1963 for Kerala |
|
Madhya Pradesh |
|
Statement showing the figures of murder in the District of Bastar |
|
Madras |
|
Statement showing particuars regarding cases of Murders in Madras State |
|
Maharashtra |
|
Statement showing the figures of murders for the State of Maharashtra for the last ten years |
|
Manipur |
|
Murder cases reported in the last 10 years |
|
Mysore |
|
Details of Murder cases for last ten years |
|
Orissa and Punjab |
|
Figures of Murder from 1954 to 1963 |
|
Tripura and Uttar Pradesh |
|
Statement of Capital Cases from 1954 to 1963 |
|
West Bengal |
|
Statement of murder case of West Bengal for the years from 1954 to 1963 |
| Appendix XXXV |
India-Table Showing Noticeable Increase in the Crime of Murder in Certain States and Cities (1958-1962) |
|
India-Table Showing Noticeable Increase in the Crime of Murder in Certain States and Cities |
| Appendix XXXVI |
India-Graph of Murder Cases (1953 to 1962) (Cases reported to the Police)1 |
|
India-Graph of Murder Cases (1953 to 1962) |
| Appendix XXXVII |
India-Detailed Analysis of Murders in India (1951-1961) |
|
Murders In India In 1951 and 1952 |
|
Murders In India In 1953 and 1954 |
|
Murders In India In 1955 and 1956 |
|
Murders In India In 1957 and 1958 |
|
Murders In India In 1959 and 1961 |
|
Murders |
|
Murders In India In 1951 and 1952 |
|
Murders In India In 1953 and 1954 |
|
Murders In India In 1955 and 1956 |
|
Murders In India In 1957 and 1958 |
|
Murders In India In 1959 and 1961 |
| Appendix XXXVIII |
India-Number of Kidnapping and Abduction Cases (1953-1962)1 |
|
India-Number of Kidnapping and Abduction Cases (1953-1962)1 |
| Appendix XL |
India-Number of Juvenile Offenders Apprehended for Murders, etc. (1958 to 1962) |
|
Number of Juvenile Offenders apprehended for murder etc. under Age Groups |
| Appendix XLI |
Abolitionist and Retentionist Countries, and Rates of Homicide, 1962 (Alphabetically Arranged) |
|
Abolitionist and retentionist1 countries, and homicide rates 1962 |
| Appendix XLII |
Country-Wise Rates of Homicide, 19621 (Countries Arranged Continent-Wise) |
|
Country-Wise Rates of Homicide, 19621 |
| Appendix XLIII |
India-Analysis of Sentences Passed by Sessions Judges in Capital Cases (In Certain States) (Based on Selected Decisions) |
|
India-Analysis of Sentences Passed by Sessions Judges in Capital Cases |
|
Detailed Analysis |
| Appendix XLIV |
Recommendations for Amendments in Certain Central Acts |
|
Recommendations for Amendments in Certain Central Acts |
