23.
Chapter -VII of Report No. 262 contains the Conclusions
and
Recommendations. To quote :“A. Conclusions
7.1.1
The death penalty does not serve the
penological goal of deterrence any more than life
imprisonment. Further, life imprisonment under Indian law
means imprisonment for the whole of life subject to just
remissions which, in many states in cases of serious crimes,
are granted only after many years of imprisonment which
range from 30-60 years.
7.1.2
Retribution has an important role to play in
punishment. However, it cannot be reduced to vengeance.
The notion of “an eye for an eye, tooth for a tooth” has no
place in our constitutionally mediated criminal justice
system. Capital punishment fails to achieve any
constitutionally valid penological goals.
7.1.3
In focusing on death penalty as the ultimate
measure of justice to victims, the restorative and
rehabilitative aspects of justice are lost sight of. Reliance on
the death penalty diverts attention from other problems
ailing the criminal justice system such as poor
investigation, crime prevention and rights of victims of
crime. It is essential that the State establish effective victim
compensation schemes to rehabilitate victims of crime. At
the same time, it is also essential that courts use the power
granted to them under the Code of Criminal Procedure,
1973 to grant appropriate compensation to victims in
suitable cases. The voices of victims and witnesses are
often silenced by threats and other coercive techniques
employed by powerful accused persons. Hence it is
essential that a witness protection scheme also be
established. The need for police reforms for better and
more effective investigation and prosecution has also been
universally felt for some time now and measures regarding
the same need to be taken on a priority basis.
7.1.4
In the last decade, the Supreme Court has
on numerous occasions expressed concern about arbitrary
sentencing in death penalty cases. The Court has noted
24
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