Abstract

India, a developing country, grapples with a rising crime rate despite having a plethora of laws to combat it. The inadequacy of punishments has been a key factor contributing to this issue. Discipline and punishment are essential to hold wrongdoers accountable and dissuade potential offenders through fear of consequences. In India, the most severe form of punishment is the death penalty, seen as a necessary legal measure. This research paper delves into the history of the death penalty in India, covering its historical context, attempts to abolish it, and the reasons behind its continued use. It also explores the mercy powers granted to the President and Governor. The paper scrutinizes whether the "rarest of rare" cases affect the constitutionality of Article 21 of the Indian Constitution, which pertains to the right to life and personal liberty. It argues for the benefits of employing the death penalty in cases involving heinous criminals and advocates for its more frequent utilization as a deterrent. In summary, this paper seeks to present arguments in favor of using the death penalty and promoting its application in cases involving extreme offenders in Indian society.

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