"There has always been a long debate regarding whether the death penalty should be abolished from the books of law" says Koushik Mondal who is a senior lawyer associated with the profession of legal process outsourcing, and those in favor opine that man has got no power to take the life of a fellow person.
However, those against this motion are of the view that death
penalties are given in the rarest of the rare case where the offense of
the accused is such brutal and heinous that it cannot be pardoned from
any angle. In the previous eras when India was ruled by various
emperors, death sentence was quite a common punishment. There are
various methods in which these punishments were executed. Some of the
common methods included crushing the head by elephant, throwing the
person into burning and boiling oil, throwing him in front of a hungry
lion or even beheading him. However, these were very cruel methods which
stopped later on. A number of Indian revolutionaries were hanged to
death during the British regime and there no mercy plea.
However, after India got the Independence and the framing of the constitution, the death penalty was legalized, but in the extreme cases. According to a lawyer providing legal process outsourcing at Kolkata, the person who has been sentenced to death can give a petition for re-appealing in the court of law against the pronounced verdict. He can also appeal in the higher court where his case would be reopened and debated. Section 302 of the Indian Penal Code states about the provisions of death sentence. A person is only given a death sentence in case he has committed any gruesome crime such as murder of any other person intentionally. The death penalty may also be given if the person is found to be guilty of treason. This means that he has done something unlawful that led to the breaking of violence which was dangerous for the internal and external security of the country.
Even in case where the women is treacherously raped which leads to the damage of her certain organs the person can be given life imprisonment. The Parliament has made the punishments even more stricter by introducing Section 376E of the IPC where the person found guilty of committing the rape twice is liable to get hanged. He can move his petition into the High Court through a lawyer who is ready to take his case. In case, his petition gets rejected he can move on the Supreme Court which is the apex court of the country. In case the Supreme Court too upholds the same verdict of the other court, he has yet another option. He can write a letter to the President of India seeking a mercy plea and requesting him to reduce the punishment or convert the judgement into life imprisonment. It is up to the President whether or not he will agree to his mercy petition. Well, according to the legal process outsourcing at Kolkata, the President also has to consult the law ministry regarding the case of the person, before he can give his verdict.
Abstracts: Legal Process Outsourcing
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