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:
