Constitutional Validity of Death Penalty

Mimansa Pareek
REVA University, Bangalore, India

Volume III, Issue II, 2020

Capital punishment or commonly known as ‘death penalty or death sentence’ is awarded for capital offences like murder or multiple murders, rape or for any other offence where there is provision of death sentence prescribed in the law. The basic argument for awarding death penalty is the theory of retributive justice. This theory embarks upon that the person who has committed such a grave offence he must also suffer the same fate. Death penalty is awarded to create a deterrent effect on society so that the people fear the consequences of the offence. In this research paper the author will discuss about the constitutional validity of death penalty and the recent trends about death penalty through various case laws and the opinions of eminent jurists and Hon’ble Judges and in the end would like to conclude with recommendations about constitutional validity of death penalty.

Keywords: Death Penalty, Constitutional Validity, Capital Punishment, Deterrent Effect, Retributive Justice


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