Section 354(4) of the Criminal Procedure Code sanctions the state to ‘perform’ the death penalty, and stipulates that the person “be hanged by the neck till the person is dead”. Its potential as a deterrent in particular, a popular claim that imagines the state as an imposing executioner, is yet to be demonstrated, especially for crimes against women. India is one of 56 countries around the world that retain the death penalty in its particular case, the punishment of hanging by death is reserved for what its Supreme Court has called the ‘rarest of rare’ cases, alluding to particularly heinous crimes and their perpetrators.īut for the drama of execution as well as the state’s decision to kill its subjects – eliminating them, as it were, from its purview by invoking one of its highest powers – the effect of the death penalty on the rate at which heinous crimes are committed has been unclear, at best.
They were to be hung by the neck until dead, and which postmortems are expected to confirm. At 5:30 am on March 20, four men were executed simultaneously at Tihar jail near New Delhi for the gang-rape and murder seven years ago of a 23-year-old woman who has come to be known as ‘Nirbhaya’ (Hindi for ‘fearless’).
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