I think that with the growth of consciousness, with the development of society, the State should revise a punishment of this nature but the proper place of doing such a thing is not the Constitution. We can do it by amending the Indian Penal Code where such penalty is prescribed for different offences. We are now passing through a transitional period, serious problems are confronting us, different sorts of situations are arising every day, and so it is quite possible that at times the State may require imposition of such grave penalties for offences which may endanger it and the society. Therefore, Sir, on principle I agree that the capital punishment should be abolished, but the proper place for doing such a thing is not to provide a clause to that effect in the Constitution and tie the hands of the State, but it should be done by amending the Indian Penal Code or such other laws which impose such penalty. As I have already stated, the State may require the imposition of such penalties from the exigencies of circumstances and if such a clause is provided in the Constitution, the State will be unable to prescribe such a punishment without amending the constitution, which is a difficult matter.
