Alok Kumar Singh, Research Scholar (Law), DDU, Gorakhpur University, GKP
ABSTRACT
Capital punishment or death penalty have always been a topic of contradiction not only in India but also in several developed countries. In India, the motive for providing punishment is based on two aspects; the first being that the offender should suffer for the pain and injury he/she casted upon the victim and another motive is to discourage others from committing wrongs by sanctioning punishments. This paper focuses on Capital Punishment in India which is also known as the death penalty which is awarded by the court in very rare cases. Furthermore, this paper also explores the constitutional validity of capital punishment in the context of Indian Judiciary.
It is necessary to understand the present status of Capital Punishment in India but it is also important to know the history of advent of capital punishment and why is it given only in certain crimes, making it a contradictory topic from a moral point of view. Therefore, this paper shall deal with the history of Capital Punishment, followed by landmark cases decided by the Indian Courts.In order to acquire clarity of Capital Punishment on a large scale, it is essential to have the knowledge of differentiating ideologies of other countries as well.
Keywords: capital punishment or death penalty, doctrine of rarest of rare cases, constitutional validity,. constitutional provisions judicial opinions.
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