People are only just finding out why judges break their pen after giving death sentence

There's several reasons behind why judges traditionally break their pens after doling out a death sentence.

Should you should ever find yourself handed the death sentence and see the judge break their pen soon after the announcement and wonder what on earth is going on, then you've come to the right place.

Or more likely - and hopefully - you've just read about it online somewhere and fancied some light education while hungover in bed after a slightly too heavy Saturday night.

Some judges take part in a pen-breaking tradition after handing out the death penalty (Pexels/ KATRIN BOLOVTSOVA)

The tradition can be traced back to the early 16th to the mid-18th century and a period of time known as the Mughal Empire in India.

The Mughal Emperor first started the practice, before it was later adopted by British judges in colonial India and then it continued long after India's independence from the UK.

And there's several specific symbolic reasons why judges tend to break pen nibs when they've just signed off a death sentence opposed to any other ruling.

There are three main symbolic reasons behind the act, according to Subhash Ahlawat.

The first is the breaking of the pen representing the severity of the sentence and the judge's 'heavy heart' due to the 'immense responsibility and emotional burden associated with deciding someone's fate'.

The second is how by breaking the nib from the pen, the pen can no longer be used to write, symbolizing the finality of a death sentence and how the judge themselves cannot suddenly choose to reverse it.

And third, the breaking of the pen and it no longer fulfilling its purpose symbolizes how rare a death sentence is and how if a pen has been used to take away someone's life, it should never be used again for other purposes.

BNB Legal notes there is no requirement for judges to break their pen after passing such a sentence - it's just a tradition some uphold.

And it's also worth remembering the death penalty was abolished in the UK in 1998.

There are three main symbolic reasons behind the practice (Pexels/ KATRIN BOLOVTSOVA)

However, there are still multiple across the globe - 55 countries reported by Amnesty International in 2022 - which uphold the death penalty and subsequently many judges may still take part in the pen-breaking tradition too, despite many people not having even heard of it before.

And it's not just me who's only hearing about it for the first time either.

One X user said: "I'm hearing this for the first time."

"I wasn’t aware of this but I have been educated," another added, while a third commented: "Am just hearing it for the first time."

And a fourth wrote: "Interesting."

Well, learn something new every day eh?

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