Capital Punishment – Pros and Cons – When and Why it can be Justified?

Ayush Nanda
Fairfield institute of Management and Technology (IP University), School of Law 

Volume II – Issue I, 2020

The concept of capital punishment is most debatable topic on the humanitarian grounds. The human rights have always criticised it stating as barbaric and brutal. But the other sects support it believing on the theory an eye for an eye and a tooth for a tooth. It is an age old concept, since ancient time it is being practiced. The most active use of capital punishment can be witnessed in monarchy and dictatorship. The convicts were brutally punished when they were sentenced capital punishment in ancient times. With the modernisation the concept of capital punishment have become less brutal.

The practice of sentencing death to convict still continues but the methods adopted are less painful and not barbaric. Though the capital punishment is banned by more than hundred countries still some known and developed countries use it as precedent. The grant of capital punishment have both pros and cons. The question is if the capital punishment is weigh on the humanitarian grounds then what about the justice that victim deserves? Justice cannot be denied to the just to protect the rights of unjust.

The article deal with the concept of the capital punishment around the world and also capita offence. It also throw the light on the Indian judgments which talks about the principle of rarest of the rare case.


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