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Report No. 35

Capital Punishment

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


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