The death penalty or death sentence also referred to as capital punishment is awarded for capital offences like murder, rape or for any other offence where a provision of the death penalty as a punishment is mentioned in the law. The basic argument in favour of the death penalty appears to be the theory of retributive justice. This theory states that a person who has committed such a grave offence must also suffer the same fate. Capital punishment is basically awarded to create a deterrent effect on society so that the people fear the consequences of the offence and think twice before committing it. In this research paper, we will discuss the concept of the death penalty and the legislation pertaining to it in India and above the constitutional validity of the death penalty through various case laws in India. In the end, I will conclude whether the Indian stance on the death penalty is justified or not.
