Open Access Research Article
CAPITAL PUNISHMENT: A CRITICAL ANALYSIS UNDER CRIMINAL LAW IN INDIA
Abstract
Abstract
Capital punishment remains one of the most debated issues in India's
criminal justice system, involving questions of constitutional validity,
human rights, deterrence, and judicial discretion. This paper examines the legal
and constitutional framework governing the death penalty in India, with
particular emphasis on Article14, Art. 21, Art.72, and 161 of the Constitution.
It traces the historical development of capital punishment from the colonial
period to the present
legal framework and analyses significant judicial decisions, including Jagmohan Singh v. State
of Uttar Pradesh, Bachan Singh v. State of Punjab, and Machhi Singh v. State of
Punjab. The paper focuses particularly on the “rarest
of rare” doctrine,
which restricts the imposition of the
death penalty to exceptional cases while requiring consideration of aggravating and mitigating
circumstances. It also examines arguments in favour of capital punishment,
including deterrence, retributive justice, and prevention of recidivism,
alongside concerns regarding wrongful convictions, socio-economic disparities,
arbitrariness, human dignity, and the questionable deterrent effect. The role
of Articles 72 and 161 in the exercise of clemency powers and the impact of
delay in mercy petitions are also considered. Finally, the paper discusses the 262nd Report
of the Law Commission of India, which recommended abolition of the
death penalty except for terrorism-related offences and waging war against the
State. The study concludes by examining whether the existing safeguards
adequately address the irreversible nature of capital punishment.
Published Paper
Author Details
Authors: ANURAG YADAV
Registration ID: 1013196 | Published Paper ID: IJLRA13196
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1187-1207
Article Information
CAPITAL PUNISHMENT: A CRITICAL ANALYSIS UNDER CRIMINAL LAW IN INDIA
Authors: ANURAG YADAV
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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