Capital punishment is highly altercated around the world and not only in India. The Indian legislation has made it a law by putting emphasis on it by various judgments and is even prescribed in the Indian Penal Code and various other statutes however whenever it is imposed,  wave of discernment follows. Where on one hand the retentionists favor the punishment, the abolitionists probe through it. This disciplinary punishment is ought to be the most serious punishment ever known to the mankind to diminish the crime percentages and depends upon the malfeasance done by the miscreants. Despite the tsunami of crime rates in India, capital punishment is one of last punishment prescribed to the perpetrators. Is it because of the Constitutional guarantees under Article 14, 19 and 21 or is it unjustified to punish the criminal just to dissuade future criminality? There is no direct mention of capital punishment being held as unconventional under the Indian Constitution however it is at times said to be unconstitutional. Through this research paper, we will discuss about the current status of capital punishment around the country as well as in other nations. Furthermore the paper will characterize the idea of capital punishment i.e death penalty with human rights and the constitution too. This paper will aim to mention the alternative methods of punishments and whether the Indian judiciary has encompassed adequate convictions and acquittals in place of death penalty. The paper will conclude with the observation of various cases and will endeavor to resolve the question that ‘Is death penalty a cruel and inefficacious exercise?’

This research paper is our effort towards the nitty-gritty view about capital punishment, its history, relevance and significant strategies for execution in India.

Keywords: death penalty, punishment