Crimes Punishable by death

 
 

Indian Penal Code
1860

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.


Army Act
1950

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 Being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or
11. 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
12. Treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Forces; or
13. Treacherously uses any false air signal or alters or interferes with any air signal; or
14. 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, 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.



Defence of Indian Act
1971

Section 3(b)

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,
a. 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
b. 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.




Assam Rifles Act
2006

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 - Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
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
In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
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
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
Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy Knowingly harbours or protects an enemy not being a prisoner
Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
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 -
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
Joins in any such mutiny
Being present at any such mutiny, does not use his utmost endeavours to suppress the same
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
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

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,- a) 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

Committing a 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




Navy Act
1957

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 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
Surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed
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
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
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,
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
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,- 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
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- If such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and
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- Deserts his post
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 - Traitorously holds correspondence with the enemy or gives intelligence to the enemy
Fails to make known to the proper authorities any information he may have received from the enemy
Assists the enemy with any supplies
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.

SSection 43

Punishment for mutiny

Every person subject to Naval law, who,- Joins in a mutiny
Begins, incites, causes or conspires with any other persons to cause a mutiny
Endeavors to incite any person to join in a mutiny or to commit an act of mutiny
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
Does not use his utmost exertions to suppress or prevent a mutiny
Willfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the state
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
Utters words of sedition or mutiny
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

Every person who deserts shall
If he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned
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

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



Coast Guard Act
1978

Section 17

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -
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
Joins in any such mutiny
Being present at any such mutiny, does not use his utmost endeavours to suppress the same
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
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 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




Sashastra Seema Bal Act
2007

Section 16

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 - Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
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
In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
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
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
Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy Knowingly harbours or protects an enemy not being a prisoner
Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
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 19

Mutiny

Any person subject to this Act who commits any of the following offences, that is to say -
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
Joins in any such mutiny
Being present at any such mutiny, does not use his utmost endeavours to suppress the same
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
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 20(1)(a)

Desertion and aiding desertion

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,- a) 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 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



Air Force Act
1950

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 Being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or
11. 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
12. Treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Forces; or
13. Treacherously uses any false air signal or alters or interferes with any air signal; or
14. 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, 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.



Border Security Force Act
1968

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 - Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
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
In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
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
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
Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy Knowingly harbours or protects an enemy not being a prisoner
Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
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 -
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
Joins in any such mutiny
Being present at any such mutiny, does not use his utmost endeavours to suppress the same
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
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

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,- a) 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


Narcotic Drugs and Psychotropic Substances 1985

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 -
a. 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 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 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
(1) Opium 10Kgs.
(2) Morphine 1Kgs.
(3) Heroin 1Kgs.
(4) Codeine 1Kgs.
(5) Thebaine 1Kgs.
(6) Cocaine 500 grams
(7) Hashish 20Kgs.
(8) 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.]
(9) LSD, LSD-25(+)-N, N Diethyllysergamide (d-lysergic acid diethylamide) 500 grams.
(10) THC (Tetrahydrocannabinols, the following Isomers : 6a (10a) 6a (7) 7, 8, 9, 10, 9 (11) and their stereochemical variants) 500 grams.
(11) Methamphetamine (+)-2- Methylamine-1 –Phenylpropane 1500 grams.
(12) Methaqualone (2-Methyl-3-0- tolyl-4-(3h)-quinazolinone) 1500 grams
(13) Amphetamine (+)-2-amino-1-phenylporpane 1500 grams.
(14) Salts and preparations of the psychotropic substances mentioned in (ix) to (xii) 1500 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.


Indo-Tibetan Border Police Force Act 1992

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 - Shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend
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
In the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice
Treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union
Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever
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
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
Having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy Knowingly harbours or protects an enemy not being a prisoner
Being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated
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 -
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
Joins in any such mutiny
Being present at any such mutiny, does not use his utmost endeavours to suppress the same
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
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

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,- a) 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