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Research Paper Volume 8 Issue 3 2061 - 2068 June 9, 2025

Death Penalty: A Study of Execution

Lead author · Corresponding
Mahalakshmi Swaminathan
Student at Christ University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1110029
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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2061 - 2068
DOI: https://doij.org/10.10000/IJLMH.1110029
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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