The uproar over the Kolkata rape and murder case is not over yet. Students, political parties, doctors are protesting for the punishment of the culprits in the rape case. At the same time, the West Bengal government is going to introduce a bill to give capital punishment to rapists. West Bengal Chief Minister Mamata Banerjee says that if the Governor delays in approving the amended bill, she will sit on a dharna outside the Raj Bhavan. In such a situation, the question is what are the provisions of punishment in capital punishment and is it different from life imprisonment or death penalty?
What is capital punishment?
If we talk about capital punishment, then death penalty is called capital punishment. It means that the guilty person is given death sentence. It is the harshest punishment given by the court to any criminal. It is usually given in cases of murder, rape, treason, criminal conspiracy etc. However, this punishment is also opposed a lot and is opposed on the basis of human rights. There has been a demand to abolish death penalty in India for a long time.
The Law Commission of India also recommended abolition of death penalty for all crimes except waging war against the nation and terrorism. But, many people have been sentenced to death. As of December 31, 2022, there were 539 prisoners sentenced to death in India. In the new justice system BNS, the punishment for all types of gang rape is 20 years imprisonment or life imprisonment. Rape of a minor can be punishable by death.
There is a provision for death penalty in Army Act, Assam Rifles Act, Border Security Force Act, Coast Guard Act, Defence of India Act. But, many countries have abolished it and many countries are continuously joining this list.
What is life imprisonment?
First of all, let us tell you that life imprisonment and life imprisonment are the same thing and there is no difference between them. Both mean that the convict will have to stay in jail for life. However, on the basis of the good behavior of the prisoner, he can be released even after completing 14 years of sentence. There is also a provision to reduce this sentence, but it depends on many things, including the behavior of the prisoner etc. He keeps getting parole, furlough etc. during the sentence, but he will always have to stay in jail.
What is hanging?
If we talk about hanging, then it is a method of capital punishment i.e. death penalty. That is, death penalty is given through hanging and this method is used the most. In this, there is a provision of hanging till death i.e. there is a provision to hang someone till his death. 20 March 2020 was the date when someone was hanged for the last time in India.
