A Critical Analysis Of Capital Punishment In India

Daniel T Sangtam, LL.M, The Assam Royal Global University

ABSTRACT

A country has a large number of crimes and criminals in which the punishment is based on the motive to give a penalty to the wrongdoer. In India, since it follows a reformative theory has two reasons for imposing punishment which may include the wrongdoer suffering and discouraging others from doing wrong by setting examples. As there are different types and forms of punishment in India, this article focuses more on Capital Punishment also known as the Death Penalty which is awarded by the court in the rarest of the rare cases.1 Criminal justice system in India where there is an increase in the numbers of human rights movements provides that capital punishment is as immoral, it argued that Capital punishment violates the individual’s right. However, we hardly find high profile persons, who have money have a high probability chance of escaping from this type of punishment, thereby capital punishment in its operation is declaratory.2 Most of the decided cases awarding the Death Penalty generally belong to the poor and downtrodden class.3 From ancient times as well people have been put to death for offences which may include stoning, crucifixion, drowning, impaling, beheading, etc. Nowadays, Death Penalty is done through hanging, shootings, injections, etc. Most of the ancient methods of punishment have been eliminated in modern times.

The study focuses on analysing the modes in which an execution is carried out, the constitutional validity of awarding Capital Punishment in India along with the judicial pronouncement in support of giving the Death Penalty. The study also laid down various obscure areas and tries to give some suggestions.

Keywords: Capital Punishment, Law, India.