Three Reasons Judges Break Their Pen After A Death Sentence

The ritual of breaking a pen after a death sentence among judges around the world has profound symbolic and historical significance.

Most judges write down their decisions and sentences before reading them aloud, but when a judge imposes a death sentence on an accused individual, he breaks his pen. Why?

The tradition of breaking the nib after passing a death sentence originated with India's Mughal monarchy. Around this period, the Mughal Emperor broke the quill used for signing death sentences.

This approach was eventually adopted by British courts in colonial India and expanded after India's independence.

There are three symbolic reasons why a judge might break a pen after passing a sentence: It should be noted that this practice is not codified by law, yet many judges do it voluntarily.

1. Special circumstances of use
The pen is broken to mean it has served its purpose. The pen was used to take a life and can’t be used for any other purpose. Death sentences are special because they aren't given out every day.

2. A heavy heart

It means the judge feels sombre about passing a death sentence. This is a symbolic act that emphasises the judge's emotional weight and responsibility in deciding someone's fate.

3. Irrevocability of his actions
When judges do it, it conveys the finality and irrevocability of a death sentence, which cannot be reversed once imposed.

Although most countries have revoked death penalties as punishment for crimes, 55 countries still enforce them.