Why the court's order uses the laguage- `Hang till death` for punishing a criminal with death sentence (hanging)?
2007-06-18 05:07:47 · 16 answers · asked by aditya 2 in Politics & Government ➔ Law & Ethics
Actually, 'till death' had been inserted after, in a case where a freedom fighter (pre independence war against British) was ordered to be hanged by the British Judiciary and immediately after 'hanging' the rope had to be removed from his neck (and he survived !). The lawyer for the victim was Barrister Chittaranjan Das who had pleaded that the Order was 'to be hanged' and that had been complied.This argument could not be overruled. A subsequent amendment to the law for capital punishment had inserted those words 'till death'.
2007-06-19 06:06:38 · answer #1 · answered by Gauranga B 2 · 3⤊ 1⤋
Hang To Death
2016-11-06 21:26:22 · answer #2 · answered by hollman 4 · 0⤊ 0⤋
Have you not heard the case in Shakespeare's novel where the lawyer won the case 'the person can take flesh from him without shetting blood' like that hundreds of holes are being created by the lawyers and Lords in the Criminal procedure code.It is not the law taking the coarse of action,it is the interpretation.So,if the person escaped in the first instance ,he cannot be putin once again, and there will be if's and but's.So the order is very clear,he should be punished till his death means it is everything.In law always it must be very clear,if it is not so,the clever lawyer will play their roleIn most of the cases,hundreds of culprits are getting scot free because either the investigation is poor or the witness could not able to stand before the clever lawyers oneway question..
2007-06-18 05:49:27 · answer #3 · answered by panneerselvam s 5 · 1⤊ 0⤋
This provision & the language to be hanged till dead was used after a historical case long back when such provision was not there & it was sentenced ‘to be hanged’, it so happened that using these words to be hanged the lawyer made a convict escape the complete hanging as when this convict was hanged he asked the authorities to stop because the process of hanging was complete immediately as the convict was hanged but it is struggle for some time for such a person to die while hanging, those few moments are the crucial & this was used by this lawyer of this convict for saving his struggle to death, when it was challenged his arguments that the sentence spoke as that the convict to be hanged & the sentence is complete as soon the person is left with the rope around his neck & he just starts to hang , this argument was taken note of & the sentence that was ‘to be hanged’ was modified for future cases as ‘to be hanged till dead’. Hope you find this small story interesting but sometimes facts are more interesting then fictions.
2007-06-18 05:42:51 · answer #4 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Two part answer:
1. To ensure that an interruption in the hanging doesn't vacate the death sentence.
2. To differentiate between the order to "hang by the neck until half-dead" used as part of the punishment for treason at one time in England.
2007-06-18 05:40:39 · answer #5 · answered by wcslaw1 2 · 1⤊ 0⤋
Because it could be highly possible to hang someone and not snap their neck(which results in instantanious death) in which case you could cut them down and they could live.
Hanged by the neck until dead means just that. So if you are to be hung, you want a good hangman. Otherwise you are left hanging until you suffocate or die from some other means.
There have been times when because of mistakes the head popped right off.
2007-06-18 05:19:10 · answer #6 · answered by namsaev 6 · 1⤊ 0⤋
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Eye for eye tooth for tooth, i have no problem with people being sentenced to death for killing another human being unless it is proven to be accidental or self defense, I truly believe that if the death sentence was used correctly it would deter alot of these idiots. If you are sentenced to death they shouldnt wait 10 years to do it they should do it the day of or the day after the trial.
2016-04-03 10:43:37 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Kill 'em. Kill 'em ALL! JK. We need the death penalty. despite what people say it IS a good deterrent. Would YOU do something if doing it meant you would be put to death? Putting someone in jail for the rest of their life for raping and killing an 8 year old girl isn't a strong enough punishment. They need to pay with their life.
2016-03-19 03:50:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Not all people die right away when they are hung. Some kick for quite awhile. If that's the case, their lawyer can say that the sentence has been carried out, and the person could continue to live.
2007-06-18 05:13:09 · answer #9 · answered by markmccloud_1 4 · 2⤊ 0⤋
in order to execute the order of death sentence
2007-06-18 07:55:35 · answer #10 · answered by mddhruva2002 1 · 0⤊ 0⤋