meaning of capital crime/punishment?
Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
sir i recently somewhere read that there is a capital crime/punishment- what is it?
is it applicable in matrimonial cases?
adv. rajeev ( rajoo )
(Expert) 12 November 2010
Matrimonial cases are civil in nature they are not criminal case.
R.Ramachandran
(Expert) 12 November 2010
Dear Anonymous,
Capital punishment means punishment of death.
Such punishments are not applicable in normal matrimonial cases. When somebody says matrimonial cases it relates to Restitution of Conjugal rights, divorce on any grounds provided under Hindu Marriage Act, divorce by mutual consent, dowry demands, etc.
However, if due to dowry demand etc., some one is either killed or commits suicide etc., then the nature of the case will not remain matrimonial case but a criminal case and in criminal cases capital punishment is possible in rarest of rare matters.
Parthasarathi Loganathan
(Expert) 13 November 2010
I wish to further add that, in India, capital punishment is granted for different crimes, counting murder, initiating a child’s suicide, instigating war against the government, acts of terrorism, or a second evidence for drug trafficking.
Death penalty is officially permitted though it is to be used in the ‘rarest of rare’ cases as per the judgement of Supreme Court of India. Amongst the retentionist countries around the world, India has the lowest execution rate with just 55 people executed since independence in 1947.
Since the condition of the ‘rarest of rare’ is not exactly defined, sometimes even less horrific murders have been awarded capital punishment owing to poor justification by lawyers. Since 1992, there are about 40 mercy petitions pending before the president.
Advocate. Arunagiri
(Expert) 13 November 2010
Mr.Parthasarathy had elaborated regarding the capital punishment and its execution. I agree with him.
But, Mr.Rajoo says matrimonial cases are civil in nature and not a criminal cases. I differ in this point, please see the Hindu Marriage act 1955 S.17 and 18, as per these two sections violation of the sections are criminal offenses.
THE HINDU MARRIAGE ACT, 1955
17. Punishment of bigamy. —Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.
18. Punishment for contravention of certain other conditions for Hindu marriage .— Every person who procures a marriage of himself or herself to be solemnised under this Act in contravention of the conditions specified in clauses (iii), (iv), 1[and (v)] of section 5 shall be punishable—
2[(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both;]
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; 3[***]
