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Report No. 262

E. Laws on the death penalty in India

2.5.1 Under the IPC, the death sentence may be imposed for several offences, including:

Table 2.1: Capital offences in IPC

S. No.

Section Number

Description

1.

Section 121 Treason, for waging war against the Government of India

2.

Section 132 Abetment of mutiny actually committed

3.

Section 194 Perjury resulting in the conviction and death of an innocent person

4.

Section 195A Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person

5.

Section 302 Murder

6.

Section 305 Abetment of a suicide by a minor, insane person or intoxicated person

7.

Section 307(2) Attempted murder by a serving life convict

8.

Section 364A Kidnapping for ransom

9.

Section 376A Rape and injury which causes death or leaves the woman in a persistent vegetative state

10.

Section 376E Certain repeat offenders in the context of rape

11.

Section 396 Dacoity with murder

2.5.2 The death penalty may also be imposed if someone is found guilty of a criminal conspiracy to commit any of these offences.112

112 Section 120B, Indian Penal Code, 1860.

2.5.3 Besides the IPC, several laws prescribe the death penalty as a possible punishment in India. These include:



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