Crimes that are subject to the death penalty encompass a range of serious offences, typically including heinous acts such as murder, particularly in cases of aggravated or premeditated killing, as well as crimes involving extreme violence or cruelty, such as terrorism or high treason. In many jurisdictions, certain forms of sexual offences, such as child molestation or rape resulting in death, can also warrant capital punishment. Additionally, the death penalty may apply to circumstances where the crime threatens national security or results in mass casualties, emphasizing the severity and moral outrage associated with these acts.

The application of the death penalty varies widely across different legal systems and cultures, reflecting deep societal debates about justice, punishment, and the value of human life. Ultimately, the imposition of death as a penalty signifies a legal and ethical stance on the most egregious forms of criminal behaviour, raising questions about deterrence, retribution, and the evolving standards of human rights.

Crimes that may result in the death penalty under the Bharatiya Nyaya Sanhita, 2023 (BNS) are mentioned below:

1. Punishment for rape that leads to the victim's death or results in a persistent vegetative state (Section 66 BNS): Section 66 BNS - Any individual found guilty of an offence punishable under sub-section (1) or sub-section (2) of section 64, and who, while committing such an offence, inflicts an injury that results in the death of a woman or causes her to enter a persistent vegetative state, shall face a sentence of rigorous imprisonment for a minimum of twenty years. This sentence may extend to life imprisonment, signifying incarceration for the entirety of the individual's natural life, or may result in the death penalty.
   
2. Gang Rape (Section 70(2) BNS): Section 70(2) BNS: If a woman under the age of eighteen is raped by one or more individuals acting as a group or in pursuit of a shared goal, each individual involved will be considered to have committed the crime of rape and shall face punishment of life imprisonment, defined as imprisonment for the rest of that individual's natural life, along with a possible fine or the death penalty. Additionally, the fine shall be fair and adequate to cover the medical expenses and rehabilitation needs of the victim. Furthermore, any fine levied under this subsection must be paid directly to the victim.
    
3. Punishment for serial offenders convicted of rape (Section 71 BNS): Section 71 BNS- Any individual who has previously been found guilty of an offence punishable under section 64, section 65, section 66, or section 70, and is later convicted of another offence under any of these sections, shall face punishment of life imprisonment, defined as incarceration for the entirety of that person's natural life, or the death penalty.
    
4. Murder (Section 103 BNS): Section 103 BNS- (1) Any individual found guilty of murder will face a punishment of either the death penalty or life imprisonment, in addition to being subject to a fine. (2) In cases where a group of five or more individuals collaboratively commits murder based on factors such as race, caste, community, sex, place of birth, language, personal beliefs, or similar criteria, each member of the group will be subjected to the death penalty or life imprisonment, along with potential fines.
    
5. Punishment for murder committed by a life convict (Section 104 BNS): Section 104 BNS - Any individual who is serving a sentence of life imprisonment and commits murder shall face the penalty of death or a life sentence, which will constitute the rest of that person's natural life. In the case of Mithu v. State of Punjab (AIR 1983 SC 473), the Supreme Court ruled that the mandatory death penalty is unconstitutional and void.
6. Abetting the suicide of a minor, an insane person, or someone under the influence of drugs (Section 107 BNS): Section 107 BNS - Any individual who is serving a sentence of life imprisonment and commits murder shall face the penalty of death or a life sentence, which will constitute the rest of that person's natural life.
    
7. Attempted murder by an individual serving a life sentence if they cause injury (Section 109(2) BNS): Section 109 BNS – (2) In cases where an individual described in subsection (1) is serving a life sentence, should their actions cause harm, they may be subject to the death penalty or a life sentence, which will encompass the entirety of their natural life. 109 BNS – (1) Any individual who engages in an act with the intention or awareness that it could lead to death, thereby making them liable for murder, will face imprisonment of any type for a period that may reach up to ten years, and may also incur a fine. If this act results in harm to another person, the perpetrator may incur either a life sentence or other penalties as previously described.
    
8. Terrorist activities (Section 113(2)(a) BNS): Section 113 (2) BNS - Any individual who carries out a terrorist act shall be punished as follows: (a) If this offence leads to the death of someone, the perpetrator shall face the death penalty or life imprisonment and will also be subject to a financial penalty.
    
9. Kidnapping or abduction with the intent to murder or for ransom, among other reasons (Section 140(2) BNS): Section 140(2) BNS - Any individual who kidnaps or abducts another person, or unlawfully detains someone following such actions, and then threatens to inflict death or injury upon that person, or behaves in a manner that creates a reasonable fear of such outcomes, or actually causes harm or death to that person in an attempt to coerce the Government, a foreign state, an international inter-governmental organization, or any other individual to take or refrain from taking a certain action, or to pay a ransom, shall face punishment of death or life imprisonment, along with the possibility of a monetary fine.
    
10. Waging, attempting to wage, or encouraging war against the Government of India (Section 147 BNS): Section 147 BNS - Anyone who declares war on the Government of India, makes an effort to instigate such a war, or supports the act of waging war shall face the penalty of death or life imprisonment, and may also incur a fine.
     
11. Abetting a mutiny that has been carried out (Section 160 BNS): Section 160 BNS - Anyone who encourages or assists in the mutiny of an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India will face severe penalties, including death or life imprisonment, or imprisonment of up to ten years, should a mutiny occur due to that encouragement or assistance. Additionally, they may also be subject to a monetary fine.
     
12. Providing or fabricating false evidence that results in an innocent person's death (Section 230(2) BNS): Section 230(2) BNS - If an innocent individual is convicted and executed due to the false evidence mentioned in sub-section (1), the person who provided that false evidence shall face punishment, which may include death or the penalty outlined in sub-section (1).
     
13. Dacoity resulting in murder (Section 310(3) BNS): Section 310(3) BNS - If any one of five or more individuals involved in a joint dacoity commits murder while carrying out the crime, each of those individuals will face punishment of death, life imprisonment, or rigorous imprisonment for a minimum of ten years, and they will also be subject to a fine.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565