Open Access Research Article
CAPITAL PUNISHMENT IN INDIA: PENAL THEORY, HISTORICAL EVOLUTION AND JUDICIAL DOCTRINE
Abstract
Capital punishment remains one of the most contested instruments of the
criminal law. This paper examines the death penalty in India by tracing its
theoretical foundations, its historical development in England, America and
India, the arguments advanced by retentionists and abolitionists, and the
constitutional and judicial framework that governs it today. It argues that
Indian law has moved from an unstructured, discretion-driven practice towards a
regulated one, anchored in the “rarest of rare” doctrine, yet continues to
suffer from arbitrariness, uncertain empirical justification and irreversible risk of error. The paper concludes that the death penalty should be treated as an exceptional
measure, hedged by strict safeguards, with serious consideration given to life imprisonment as a more reformative and less error-prone alternative.
Published Paper
Author Details
Authors: AKHIL SHARMARegistration ID: 1013414 | Published Paper ID: IJLRA13414Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1885-1898
Article Information
CAPITAL PUNISHMENT IN INDIA: PENAL THEORY, HISTORICAL EVOLUTION AND JUDICIAL DOCTRINE
Authors: AKHIL SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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