Report No. 202

2.5. Sections in I.P.C which prescribe Capital Punishment:

Following are the Sections in the Indian Penal Code which prescribes for the capital punishment:-

(1) Section 121 - waging or attempting to wage war, or abetting the waging of war, against Government of India;

(2) Section 132 - Abetment of Mutiny, if Mutiny is committed in consequence thereof.

(3) Section 194 - Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence provided if innocent person be thereby convicted and executed.

(4) Section 302 - Murder.

(5) Section 303 - Murder by a person under sentence for imprisonment for life (this section has been struck down by the Hon'ble Supreme Court as it has been held to be violative of article 21 of the Constitution of India)

(6) Section 305 - Abetment of suicide committed by child or insane or delirious person or an idiot or a person intoxicated.

(7) Section 307 - Attempt by life convict to murder, if hurt is caused.

(8) Section 364A - Kidnapping for ransom, etc.

(9) Section 396 - Murder in dacoity.