Vanshika Gupta, BA. LLB (Hons), Kirit P. Mehta School of Law, NMIMS, Mumbai
ABSTRACT
India is a growing nation, but at the same time, crime rates are rising dramatically. Although there is a lot of regulation in India to prevent and manage crime, crime rates are rising as a result of insufficient consequences. To lower the crime rate, the penalty should be in proportion to the crime committed. The goal of all penalties is to exact retribution on the perpetrator. In India, there are various forms of punishment, including the death penalty, life imprisonment, and others. The most severe type of capital punishment is considered to be the death penalty. The following paper describes how the death penalty is carried out in India. In this, the reformative theory one of the main theories surrounding the death penalty is explained. The researcher also discussed the rarest of rare cases in this study. This paper provides a thorough overview of both the Indian death penalty and the execution process. Even after receiving punishment, the offender is allowed to demonstrate that he has changed for the better and is now qualified to contribute to society. This is done in light of the circumstances. The major aspect that is being discussed is the deterrence of crime as a result of the death penalty. Is it safe to conclude that Restorative justice is a good principle, but it cannot be the sole way to handle cases of injustice? As a result, it must be used carefully while balancing the rights of both the victim and the offender.
Keywords: Capital Punishment, Death Penalty, Reformative theory, rarest of rare case
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