March,22,2017:
In its 262nd Report, Law Commission had argued that capital punishment does not fulfill the goal of deterring crimes.
Law Commission has recommended that death penalty be abolished for all the crimes except those related to terrorism; Rajya Sabha was informed on Wednesday.
Minister of State for Home, Hansraj Ahir said the Law Commission in its 262nd report has recommended that death penalty should be abolished for all the crimes other than terrorism related offences & waging war.
He said replying a written question that, as Criminal Procedure and Criminal Law are in concurrent list of the 7th Schedule of the Indian Constitution, this report has been circulated to all the state govts. & UTs for seeking their views.
In contrast, Bihar Assembly last year had passed Bihar Excise (Amendment) Act, 2016, which says that mixing any poisonous substance with liquor can be punishable by death in the cases where it leads to loss of life.
In May 2016, the Parliament had notified Anti-Hijacking Act, 2016, which allows capital punishment in the cases of hijacking that have resulted in deaths of hostages, security personnel or any other person not involved in the offence.
Moreover, in November 2016, India had voted against a draft United Nations resolution calling for a moratorium on death penalty.
India’s UN representative Mayank Joshi had said that in India, death penalty is exercised in rarest of rare cases, where crime committed is so heinous that it shocks conscience of the society, adding that the resolution aimed at abolishing the death penalty eventually.
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