The four convicts in the Nirbhaya case were finally executed a few days ago. The execution took place 6 years after the fast track court awarded the death sentence. But what are the reasons for such a delay in the execution of death sentence? Here is a detailed explainer. After more than seven years since the barbaric gang rape of a23-year-old paramedic student, the four convicts were executed in the earlyhours of 20 March 2020 at Tihar Jail. They had left no stone unturned to savethemselves from execution. Though theywere awarded death sentence by a fast track court in September 2013, it tookmore than 6 years for the death sentence to be executed. But what are the reasons for such a longdelay in the execution of death sentence? Here is a detailed explainer. ` Capital punishment has always been a controversial issue in India andother countries as well. Generally, capital punishment is awarded in the rarestof rare cases related to rape, murder, terrorism, and atrocities towardsScheduled Castes and Scheduled Tribes in India. According to National Law University’s annual report published in 2016, there are 59sections in 18 central legislations which cite death penalty as a possiblepunishment. 12 of these sections are covered under the Indian Penal Code. Inthe Law Commission of India’s report on Death Penalty in 2015, it was stated thatthere were 12 crimes under IPC and 22 other laws which prescribed deathpenalty. Later, in 2019, the NDA government amended the POCSO Act in order to grant death penalty to those who indulge in aggravatedsexual assault against children. High Court’s confirmation is mandatory for execution of death sentence Usually, the trials of these rarest of rare cases take place in theSessions Court or Trial Court or a designate fast track court or a specialcourt where, based on the severity of the offence, the court can pronouncedeath penalty to the convict. It is mandatory under Section 366 (1) of Code of Criminal Procedure (CrPC) that the High Court confirms the sentencebefore issuing a death warrant. This is not applicable to those centrallegislations such as the Air Force Act 1950, Army Act 1950, Assam Rifles Act2006, ITBF Act, 1992, etc. which are excluded from the CrPC. The Constitution gives convicts the option to approach SC challenging HC’s decisions The convict who is awarded the death sentence has the option to approachthe Supreme Court challenging the High Court’s decision as per Articles 132,134 and 136 of Indian Constitution. Following the Supreme Court’s decision, the convictcan file review petition under Article 137. If the review petition is dismissedby the Court, then they can file a curative petition to reconsider thedecision. Mercy Petition can be filed with the President or State Governor for commutation Once capital punishment has been finalized by either of the courts, theconvict can file a request for pardon or mercy petition with the President ofIndia (Article 72) or the Governor of the state (Article 161) stating reasonssuch as age, health, and law. The President or Governor disposes of thepetition based on the recommendations of state government and sanction of theHome Ministry. Both the President and Governor can grant pardon, reprieve,respite or remission of punishment or suspend, remit or commute the convict.However, both of them must reject the mercy petition for the execution to takeplace. Further, the convict can file a petition with the Supreme Courtquestioning the President’s decision in the case of mercy petition. Once thispetition is disposed, death sentence is executed. Convicts can file up to four petitions A convict can, therefore, file up to four petitions. This provision hasbeen granted to convicts in order to ensure that the decision made is nothasty. The procedure gives enough checks and balances in the course of trial sothat no innocent person should be convicted. Capital punishment is to be awarded only in the rarest of rare cases In Bachan Singh Vs State of Punjab 1982, the Supreme Court stated that capitalpunishment was to be given in only ‘rarest of rare’ cases. Supreme Court upheldthe constitutionality of death penalty in this case. The need for this doctrinewas to reduce the ambiguity in the kind of cases in which death penalty was tobe awarded. In this case, it was further stated that both aggravatingcircumstances (why should the punishment be severe) and mitigatingcircumstances (why should punishment be lessened) were to be considered by thecourt before arriving at the final decision. Execution in the Nirbhaya case took place 6 years after the judgment On 16 December 2012, a 23-year-old girl who was returning from a moviewith her friend was brutally gang-raped in a bus in the national capital. Herfriend was also attacked.