A Study of Capital Punishment in India

  • Shruti Jha
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  • Shruti Jha

    Student at Amity University, Jharkhand, India

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In the world we live in today, crime rates are steadily rising. There have been more homicides, kidnappings, rapes, terrorist attacks, and incidents involving child abuse. Because the Nirbhaya Rape Case belonged to the category of the rarest of the rare crimes in India, the court imposed the death penalty for the most severe or heinous crimes, capital punishment. Executions for these offences typically include hanging. However, it's crucial to note that it's a rather rare phenomena in India. Both the Indian Penal Code and the Code of Criminal Procedure address the death punishment. Since its inception, the death penalty has been used in India, albeit less frequently currently. Execution, sometimes known as capital punishment, is "the state's sanctioned death penalty for certain crimes," according to one definition. The arguments in favor and against have not substantially altered over time. The type of crime and the method of punishment are related to the culture and civilisation from which they originate. The methods of capital punishment have undergone tremendous humanization as civilization has advanced. However, there hasn't been much discussion in India about the method used to carry out death sentences. This paper explains the modes of capital punishment in India and talks about the rarest of the rare cases. The main focus of this paper is on capital punishment-related substantive and procedural laws. It is also suggested to talk about the executive's ability to commute a death sentence to life in prison, as permitted by the Indian Constitution.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 392 - 406

DOI: https://doij.org/10.10000/IJLMH.114856

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