The death penalty is provided for by the Penal Code...

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." The Constitution Bench of the Supreme Court, in Bachan Singh v State of Punjab, held that the death sentence as a punishment should be awarded only in the "rarest of rare" cases. The arguments of Justice Chandrachud in Mithu v State of Punjab (1983 SCC (Cr) 404) on the constitutional validity of Section 303 are extremely relevant. Citing several decisions by the Supreme Court which expanded the meaning and scope of Arts. 14 (Right to Equality) and 21 (Right to Life and Personal Liberty), he argued that Art. 21 could now be read as "No person shall be deprived of his right to life or personal liberty except according to fair, just and reasonable procedure established by valid law." He further said: "The last word on the question of justness or fairness does not rest with the legislature... It is for the courts to decide whether the procedure prescribed by a law for depriving a person of his life or liberty is fair, just and reasonable." This decision unequivocally advocates the striking down of Section 303 as unconstitutional.