Question

Who can pardon a sentence of death?

Answer 1

Hint: Hanging by the neck till death is the ancient mode of execution which was followed in Roman culture. The sentence of death is considered as capital punishment in the Indian constitution, it is given to the rarest cases.

Complete answer:
The sentence of death is a punishment that is approved by the state. In the death penalty, the person is killed for committing an offense or crime. This process is named execution in the Indian constitution.
The death penalty comes under section 235(2), it also had controversy that the death penalty is not only the solution. Recently the execution of the death penalty in India happened in March 2020 for gang-raping and murdering two young women. The president of India has the power to sanction pardon. Article 72 gives the power in the hands of the president to pardon a sentence of death.

Although the Code of Criminal Procedure (CrPC) demands a special reason for hanging by neck till death, before giving a death penalty Code of Criminal Procedure needs a justification that instead of other punishments why a death penalty must be given.The court must wait for the judicial process and administrative process, if the court didn’t follow the procedure then it would be a serious violation of law in the Indian constitution.

Note:In 1973, the Code of Criminal Procedure (CrPC) implemented section 354(3) which demands a judge a special reason for hanging a person by the neck until death. In the case of anti-social crime or offense, public opinion is taken as the first preference.