Delay in Death Execution
Satish Ravindrakumar Avhad
(Querist) 25 April 2011
This query is : Resolved
Hi,
Queries are:
1. What happens when the Death Execution is delayed?
2. What is the revised decision in such case?
3. Should it be reduced to Life Imprisonment?
Thanks a lot in advance! :)
Dr V. Nageswara Rao
(Expert) 26 April 2011
1. The delay can occur because the accused himself might have filed repeated petitions before the Supreme Court in the exercise of his rights.He can say (a) his conviction should be set aside; (b) that S. 302, IPC is unconstitutional as there are no guidelines as to when death or life sentences should be given; (c) that hanging is cruel and unusual punishment; (d)After losing on all counts, he can file mercy petition to the President of India, which can take years to dispose off, (e) after the mercy petition is rejected, he can go to Supreme Court again arguing that the mercy power itself is unconstitutional s there are no guidelines as to when it should be rejected.
(2)Supreme Court has laid down in Triveni Ben's case that inordinate delay by the executive in the execution of death sentence will entitle the convict to cliam that it should be commuted to life sentence. The earlier ruling By Justice Chinnapa Reddy in Vatheeswaran case is no more good law. That case decided that two years delay justifies commutation to life sentence.
