Indian Penal Code
Section 120 B (1)-

Being party to a criminal conspiracy to commit an offence punishable with death

Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

Section 121-

Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Section 132-

Abetment of mutiny, if mutiny is committed in consequence thereof

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 194-

Giving or fabricating false evidence with intent to procure conviction of capital offence

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the laws for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; If innocent person be thereby convicted and executed. If innocent person be thereby convicted and executed.-- and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Section 302-

Punishment for Murder

Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Section 305-

Abetment of suicide of child or insane person

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Section 307-

Attempt to murder

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
Attempts by life-convicts-When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Section 376A-

Punishment for causing death or resulting in persistent vegetative state of the victim

Whoever, commits an offence punishable under sub section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with a term which included rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Section 376E-

Punishment for repeat offenders

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall be mean imprisonment for the remainder of that person’s natural life, or with death.

Section 396-

Dacoity with murder

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine

Section 364A-

Kidnapping for ransom, etc.

Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter- governmental organization or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.

Explosive Substances Act
Section 3(b) -

Punishment for causing explosion likely to endanger life or property

Any person who unlawfully and maliciously causes by(b) any special category explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to fine.

Air Force Act
Section 34 -

Offences in relation to the enemy and punishable with death

Any person subject to this Act who commits any of the following offences, that is to say,

  1. Shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or
  2. Intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy ;or
  3. In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union ; or
  5. Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies ;
  6. Treacherously or through cowardice sends a flag of truce to the enemy ;or
  7. In time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency; or
  8. In time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave ; or
  9. Having been made a prisoner of war, voluntarily serves with or aids the enemy ; or
  10. Knowingly harbours or protects an enemy not being a prisoner ; or
  11. Being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or
  12. Knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; or
  13. Treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Forces; or
  14. Treacherously uses any false air signal or alters or interferes with any air signal; or
  15. When ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

Section 37-

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say,

  1. Begins, incites, causes, or conspires with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating there with
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer
  5. Endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned
Section 38(1) -

Desertion and aiding desertion

Any person subject to this Act who commits any of the following offences, that is to say,

  1. Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Army Act
Section 34 -

Offences in relation to the enemy and punishable with death

Any person subject to this Act who commits any of the following offences, that is to say,-

  1. Shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or
  2. Intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy
  3. In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
  5. Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies
  6. Treacherously or through cowardice sends a flag of truce to the enemy
  7. In time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency
  8. In time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave
  9. Having been made a prisoner of war, voluntarily serves with or aids the enemy
  10. Knowingly harbours or protects an enemy not being a prisoner
  11. Being a sentry in time of war or alarm, sleeps upon his post or is intoxicated;
  12. Knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces
  13. Treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Forces
  14. Treacherously uses any false air signal or alters or interferes with any air signal
  15. When ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.
Section 37-

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say,-

  1. Begins, incites, causes, or conspires with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer
  5. endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union;shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.
Section 38 -

Desertion and aiding desertion

  1. Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Navy Act
Section 34 -

Misconduct by officers or persons in command

Every flag officer, caption of or other person subject to Naval law who, being in command on ship, vessel or aircraft of the Indian Navy or any Naval establishment

  1. Fails to use his utmost exertions to bring into Action any such ship, vessel or aircraft which it is his duty to bring into Action
  2. Surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed
  3. Fails to pursue the enemy whom it is his duty to pursue or to assist to the utmost of his ability any friend whom it is his duty to assist
  4. In the course of any Action by or against the enemy improperly withdraws from the Action or from his station or fails in his own person and according his rank to encourage the persons under the command to fight courageously
  5. Surrenders any such Naval establishment or any part of such an establishment to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed.

Shall,

  1. If such Act is committed with the intend to assist the enemy or from cowardice, be punished with death or such other punishment as is hereinafter mentioned; and
  2. In any other case, be punished with imprisonment for a term, which may extend up to seven years or such other punishment as is hereinafter mentioned
Section 35 -

Misconduct by persons other than those in command

Every person subject to naval law who, not being in command of any naval establishment or any ship, vessel or aircraft of the Indian Navy, fails when ordered to prepare for action by or against the enemy, or during any such action to use his utmost exertions to carry the lawful orders of his superior officers into executions shall,-

  1. if such act is committed with the intent to assist the enemy, be punished with death or such other punishment as is here in after mentioned
  2. In any other case, be punished with imprisonment for a term which may be extended to seven years or such other punishment as is hereinafter mentioned.

Section 36 -

Delaying or discouraging action or service commanded

Every person subject to naval law who wilfully delays or discourages upon any pretext whatsoever; any action or service which has been commanded on the part of the Navy, regular army, or Air Force or any forces co-operating therewith shall-

  1. If such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and
  2. In any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned.

Section 37 -

Penalty for disobedience in action

Every person subject to Naval law who, being in the presence or vicinity of the enemy or having been ordered to be prepared for action by or against the enemy-

  1. Deserts his post
  2. Sleeps upon his watch,

Shall be punished with death or such other punishment as is hereinafter mentioned.


Section 38 -

Penalty for spying

Every person not otherwise subject to naval law who is or acts as a spy for the enemy shall be punished under this act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.


Section 39 -

Correspondence, etc., with the enemy

Every person subject to naval law, who -

  1. Traitorously holds correspondence with the enemy or gives intelligence to the enemy
  2. Fails to make known to the proper authorities any information he may have received from the enemy
  3. Assists the enemy with any supplies
  4. Having been made a prisoner of war, voluntarily serves with or aids to enemy

Shall be punished with death or such other punishment as is hereinafter mentioned.


Section 43 -

Punishment for mutiny

Every person subject to Naval law, who,-

  1. Joins in a mutiny
  2. Begins, incites, causes or conspires with any other persons to cause a mutiny
  3. Endeavors to incite any person to join in a mutiny or to commit an act of mutiny
  4. Endeavors to seduce any person in the regular Army, Navy or Air Force from his allegiance to the constitutions or loyalty to the state or duty to his superior officers or uses any means to compel or induce any such person to abstain from acting against the enemy or discourages such person from acting against the enemy
  5. Does not use his utmost exertions to suppress or prevent a mutiny
  6. Willfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the state
  7. Knowing or having reason to believe in the existence of any mutiny or of any intention to mutiny does not without delay give information thereof to the commanding officer of his ship or other superior officer
  8. Utters words of sedition or mutiny
  9. Shall be punished with death or such other punishment as is hereinafter mentioned.


Section 44 -

Persons on board ships or aircraft seducing naval personnel from allegiance

Every person not otherwise subject to naval law who being on board any ship or aircraft of the Indian Navy or on board any ship in the service of the Government endeavors to seduce from his allegiance to the constitution or loyalty to the state or duty to superior officers any person subject to naval law shall be punished under this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.


Section 49(2) -

Desertion

  1. Every person who deserts shall
    1. If he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned
    2. If he deserts under any other circumstance , be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned and in every such case he shall forfeit all pay, head money, bounty salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all cloths and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the Central Government or the Chief of the Naval Staff, otherwise directs.

Section 49(2) -

Desertion

  1. Every person who deserts shall
    1. If he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned
    2. If he deserts under any other circumstance , be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned and in every such case he shall forfeit all pay, head money, bounty salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all cloths and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the Central Government or the Chief of the Naval Staff, otherwise directs.

Section 56(2) -

Offences by officers in change of convoy

  1. Every such officer subject to naval law, who,-
    1. Does not defend the ships and goods under his convey without deviation to any other objects
    2. Refuses to fight their defense if they are assailed
    3. Cowardly abandons and exposes the ships in his convoy to hazard
    4. Demands or extracts any money or other reward from any merchant or master for conveying any ships or vessels entrusted to his care
    5. Misuses the masters or mariners thereof

Shall be punished with death or such other punishment as is hereinafter mentioned, and shall also make such reparation in damages to the merchants owners and others as a civil Court of competent jurisdiction may adjudge


Section 59 -

Arson

Every person subject to naval law who unlawfully sets fire to any dockyard, victualling yard or steam factory yard arsenal, magazine, building stores or to any ship, vessel, holy, barge, boat, aircraft, or other craft or furniture thereunto belong, not being the property of an enemy, shall be punished with death or such other punishment as is hereinafter mentioned.

The Geneva Conventions Act
Section 3 -

Punishment of grave breaches of Conventions

  1. If any person within or without India commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the Conventions he shall be punished -
    1. Where the offence involves the wilful killing of a person protected by any of the Conventions, with death or with imprisonment for life
    2. In any other case, with imprisonment for a term which may extend to fourteen years.
  2. Sub- section (1) applies to persons regardless of their nationality or citizenship
  3. For the purposes of this section -
    1. A grave breach of the First Convention is a breach of that Convention involving an act referred to in article 50 of that Convention committed against persons or property protected by that Convention
    2. A grave breach of the Second Convention is a breach of that Convention involving an act referred to in Article 51 of that Convention committed against persons or property protected by that Convention
    3. A grave breach of the Third Convention is a breach of that Convention involving an act referred to in article 130 of that Convention committed against persons or property protected by that Convention
    4. A grave breach of the fourth Convention is a breach of that Convention involving an act referred to in article 147 of that Convention committed against persons or property protected by that Convention
Petroleum and Minerals Pipelines (Acquisition of right of user in land) Act
Section 15(4) -

Penalty

Whoever, with the intent to cause or knowing that he is likely to cause damage to or destruction of any pipeline laid under section 7, causes by fire, explosive substance or otherwise damage to the pipeline being used for transportation of petroleum products, crude oil or gas with the intent to commit sabotage or with the knowledge that such act is so imminently dangerous that it may in all probability cause death of any person or such bodily injury likely to cause death of any person, shall be punishable with rigorous imprisonment which shall not be less than ten years but may extend to imprisonment for life or death.

Unlawful Activities (Prevention) Act
Section 10 (b) (i) -

Penalty for being member of an unlawful association etc.

Where an association is declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, (b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property, (i) and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine.

Section 16 (1) (a)-

Punishment for terrorist act

(1) Whoever commits a terrorist act shall (a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;

Border Security Force Act
Section 14 -

Offences in relation to the enemy and punishable by death

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
  2. Intentionally uses any means to compel or induce any person subject to this Act or to military, naval or air force law to abstain from acting against the enemy or to discourage such person from acting against the enemy
  3. In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
  5. Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
  6. In time of active operation against the enemy, intentionally occasions a false alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency
  7. In time of action leaves his Commandant or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave
  8. Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy
  9. Knowingly harbours or protects an enemy not being a prisoner
  10. Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
  11. Knowingly does any act calculated to imperil the success of the Force or the military, naval or air forces of India or any forces co-operating therewith or any part of such forces

Shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.


Section 17 -

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the military, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commandant or other superior officer
  5. Endeavours to seduce any person in the Force or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.

Shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.


Section 18 -

Desertion and aiding desertion

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Security Force Court,-
    1. if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned
Section 46 -

Civil offences

Subject to the provisions of section 47, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Security Force Court and, on conviction, be punishable as follows, that is to say -

  1. if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned
Defence of Indian Act
Section 5 -

Enhanced Penalties

  1. If any person contravenes, with intent to wage war against India or to assist any country committing external aggression against India, any provision of the rules made under section 3 or any order issued under any such rule, he shall be punishable with death or imprisonment for life, or imprisonment for a term which may extend to ten years and shall also be liable to fine.
  2. If any person,
    1. Contravenes any such provision of, or any such rule or order made under, the Aircraft Act, 1934 (22 of 1934), as may be notified in this behalf by the Central Government, or
    2. in any area notified in this behalf by a State Government, contravenes any such provision of, or any such rule made under, the Arms Act, 1959 (54 of 1959), the Indian Explosives Act, 1884 (4 of 1884), the Explosive Substances Act, 1908 (6 of 1908), or the Inflammable Substances Act, 1952 (20 of 1952), as may be notified in this behalf by the State Government, he shall, notwithstanding anything contained in any of the aforesaid Acts or rules made thereunder, be punishable with imprisonment for a term which may extend to five years, or, if his intention is to assist any country committing external aggression against India, or, to wage war against India, with death or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine.
  3. For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any preparatory to, a contravention of any provisions of any law, rule or order shall be deemed to have contravened that provision.
Coast Guard Act
Section 17 -

Mutiny

Any person subject to this Act who commits any of the following offences that is to say, -

  1. Begins, incites, causes or conspires with any other to cause any mutiny in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commanding Officer or other superior officer
  5. Endeavours to seduce any such person in the Coast guard, or in the military, naval or air forces of India or any forces co-operating there with from his duty or allegiance to the Union

Shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as in this Act mentioned:Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government

Section 49 -

Civil Offences

Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Coast Guard Court, and on conviction, be punishable as follows, that is to say -

  1. If the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law or such less punishment as in this Act mentioned
Narcotic Drugs and Psychotropic Substances
Section 31(A) -

Death penalty for certain offences after previous conviction

  1. Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of , or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under section 15 to section 25 (both inclusive) or section 27A, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to -
    1. Engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column
      1. Of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column
      2. of the said Table
  2. Financing, directly or indirectly, any of the activities specified in clause
  3. Shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death.
 
S.No.
Particulars of narcotic drugs/psychotropic substances
Quantity
(i)
Opium
10Kgs.
(ii)
Morphine
1Kgs.
(iii)
Heroin
1Kgs.
(iv)
Codeine
1Kgs.
(v)
Thebaine
1Kgs.
(vi)
Cocaine
500grams.
(vii)
Hashish
20Kgs.
(viii)
Any mixture with or without any natural material of any of the above drugs
3[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture.]
(ix)
LSD, LSD-25(+)-N, N Diethyllysergamide (d-lysergic acid diethylamide)
500grams.
(x)
THC (Tetrahydrocannabinols, the following Isomers : 6a (10a) 6a (7) 7, 8, 9, 10, 9 (11) and their stereochemical variants)
500grams.
(xi)
Methamphetamine (+)-2- Methylamine-1 –Phenylpropane
1,500 grams.
(xii)
Methaqualone (2-Methyl-3-0- tolyl-4-(3h)-quinazolinone)
1,500 grams
(xiii)
Amphetamine (+)-2-amino-1-phenylporpane
1,500 grams
(xiv)
Salts and preparations of the psychotropic substances mentioned in (ix) to (xii)
1,500 grams
The Narcotic Drugs and Psychotropic Substances Act, 1985 prescribed a mandatory death sentence under section 31A for repeat offenders. The Maharashtra High Court (in Indian Harm Reduction Network v. Union of India) declared the punishment under this section was unconstitutional and that the court had discretion in sentencing. Finally an amendment to the Act was enacted and passed in 2014, which prescribes a minimum sentence (as prescribed under section 31) and hence death sentence is no longer mandatory.
Commission of Sati (Prevention) Act
Section 4 -

Abetment of Sati

  1. Notwithstanding anything contained in the Indian Penal Code (45 of 1860) , if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
Section 3 -

Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

  1. Gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death.
Indo-Tibetan Border Police Force Act
Section 16 -

Offences in relation to the enemy or terrorist and punishable with death

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
  2. Intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy
  3. In the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy. terrorist or any person in arms against the Union
  5. Directly or indirectly assists the enemy or terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever
  6. In time of-active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency
  7. In time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave
  8. Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy
  9. Knowingly harbours or protects an enemy, not being a prisoner;
  10. Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
  11. Knowingly does any act calculated to imperil the success of the Force or the military naval or air force of India or any forces, co-operating therewith or any part of such forces

shall, on conviction by a Force Court, be liable to suffer death of such less punishment as is in this Act mentioned.

Section 19 -

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Begins, incites, causes, or conspires with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer
  5. Endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union

Shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

Section 20 -

Desertion and aiding desertion

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Force Court -
    1. if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned
Section 49 -

Civil offences

Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on conviction, be punishable as follows, that is to say -

  1. if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned
Maharashtra Control of Organised Crime Act
Section 3 (1) (i)-

Punishment for organised crime

  1. Whoever commits an offence of organized crime shall,(i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lac.
Karnataka Control Of Organised Crime Act
Section 3 (1) (i)-

Punishment for organised crime

  1. Whoever commits an offence of organized crime shall,(i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lac.
Andhra Pradesh Control of Organised Crime Act
Section 3 (1) (i)-

Punishment for organised crime

  1. Whoever commits an offence of organised crime shall,(i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lakh.
Assam Rifles Act
Section 21 -

Offences in relation to the enemy and punishable with death

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
  2. Intentionally uses any means to compel or induce any person subject to this Act or to army, naval, air force law or any member of other armed forces to abstain from acting against the enemy or to discourage such person from acting against the enemy
  3. In the presence of enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
  5. Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
  6. In time of active operation against the enemy intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency
  7. In time of action leaves his Commandant or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave
  8. Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy
  9. Knowingly harbours or protects an enemy not being a prisoner
  10. Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
  11. Knowingly does any act calculated to imperil the success of the Force or the army, naval, air forces of India or any other armed forces of the Central Government co-operating therewith or any part of such forces
  12. Shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in this Act mentioned.

Section 24 -

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the army, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commandant or other superior officer
  5. Endeavours to seduce any person in the Force or in the army, naval or air forces of India or any forces cooperating therewith from his duty or allegiance to the Union
  6. shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in this Act mentioned

Section 25(1)(a) -

Desertion and aiding desertion

  1. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by an Assam Rifles Court -
    1. If he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned
Section 55 -

Committing a civil offence

Subject to the provisions of section 56, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by an Assam Rifles Court and, on conviction, be punishable as follows, that is to say -

  1. If the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned
Sashastra Seema Bal Act
Section 16 -

Any person subject to this Act who commits any of the following offences, namely -

  1. Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend;
  2. Intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy
  3. In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
  4. Treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union
  5. Directly or indirectly assists the enemy or terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever
  6. In time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency
  7. In time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave
  8. Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy
  9. Knowingly harbours or protects an enemy, not being a prisoner
  10. Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
  11. Knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces

Shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned

Section 19 -

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -

  1. Begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the army, naval or air forces of India or any forces co-operating therewith
  2. Joins in any such mutiny
  3. Being present at any such mutiny, does not use his utmost endeavours to suppress the same
  4. Knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commandant or other superior officer
  5. Endeavours to seduce any person in the Force or in the army, naval or air forces of India or any forces cooperating therewith from his duty or allegiance to the Union
  6. shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in this Act mentioned

Section 20(1)(a) -

Desertion and aiding desertion

  1. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by an Assam Rifles Court -
    1. If he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned
Section 49 -

Civil offences

Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on conviction, be punishable as follows, namely —

  1. if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned
Note: Section 163 of the Air Force Act, Section 166 of the Army Act, Section 147 of the Navy Act, Section 119 of the Border Security Force Act, Section 96 of the Indian Coast Guard Act, Section 133 of the Indo-Tibetan Border Police Force Act, Section 141 of the Assam Rifles Act and Section 133 of the Sashastra Seema Bal Act provide that in executing a death sentence the offender may be either hanged by the neck till death or be shot to death.
The Bombay Prohibition (Gujarat Amendment) Act
Section 65A (2) -

Punishment for laththa

When there has been death of any person by the consumption of the said laththa mentioned in sub-section

  1. Above, the person who has manufactured, kept, sold or arranged to make it drink or distributed laththa shall, on conviction, be punished with death or imprisonment for life and shall also be liable to fine
Bihar Excise (Amendment) Act
Section 50 -

Penalty for mixing noxious substance with liquor

Whoever mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to human beings, shall be punishable -

  1. If as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine, which shall not be less than five lakh rupees but which may extend to ten lakh rupees.
The Anti Hijacking Act
Section 4 -

Punishment for Hijacking

Whoever commits the offence of hijacking shall be punished -

  1. With death where such offence results in the death of a hostage or of a security personnel or of any person not involved in the offence, as a direct consequence of the offence of hijacking
  2. With imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine, and the movable and immovable property of such person shall also be liable to be confiscated

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