Capital Punishments: Analysing the Need of it

Devyanshu Sharma
Symbiosis Law School, Noida, India

Volume II – Issue I, 2020

This paper aims to highlight for its readers the requisite for re-examining the need for retaining death penalty in statute book of India, on the grounds of it being against the basic tenets of human Rights. The procedure of deciding upon death penalty is arbitrary as it vests power with the judges to decide upon the death sentence as per their discretion without existing any proper guidelines for the judges limiting the exercise of their power given by the Rarest of the Rare Doctrine.  This has been a point of concern in this Research Paper. This paper tries to possess to its reader that the imposition/non-imposition of capital punishment in India is largely dependent upon the bench or the judge who is deciding upon the matter, this hypothesis is backed by landmark judgments of the Supreme Court. It also talks about the Moral, Economic and Executive aspects of the capital punishment. On various junctures Deterrence has been used as a point of justification for retaining Capital Punishment, this paper will analyse whether it really acts as a deterrence or not. Finally, it will be concluding by providing some suggestions and highlighting the main areas of concern.


 Download Full Paper