01 January 1999 :

The death penalty is provided for by the Penal Code and by Art. 21 of the Constitution which states: "No person may be deprived of their life or personal freedom except in cases established by law." Death-qualifiable offenses are conspiracy against the Indian Government; desertion or attempted desertion; murder or attempted murder; inducement to suicide of a minor or a mentally-retarded person. The death penalty is not mandatory for these crimes. Section 303 of the Indian Penal Code (IPC) prescribes the death penalty alone with no alternative in cases where a convict, serving a life sentence commits murder. The court under this section cannot exercise its discretion and award a lesser sentence. In an attempt to limit the use of the death penalty, Art. 354 of the criminal procedure law establishes that: "The sentences must be motivated and the death sentences must illustrate the particular reasons that led to the decision."