CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT IN INDIA : A CRITICAL LEGAL ANALYSIS

Author

Pooja Dodve,Smt. Roshani Pandey


Abstract

 Capital punishment, or the death penalty, is the most severe punishment recognized by the Indian criminal justice system. Its constitutional validity raises difficult questions concerning the right to life, personal liberty, equality, human dignity, proportionality, judicial discretion and the limits of State power. The Supreme Court of India has repeatedly examined these issues and has upheld the constitutional validity of capital punishment while imposing stringent restrictions on its application.

This research examines the constitutional framework governing capital punishment in India, particularly Articles 14 and 21 of the Constitution. It traces the development of the Supreme Court’s jurisprudence from Jagmohan Singh v. State of U.P. to Bachan Singh v. State of Punjab and subsequent cases concerning the rarest of rare doctrine, mitigating circumstances, rehabilitation, mandatory death sentences, delay in execution and mercy petitions. The paper also considers the statutory position under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code from 1 July 2024.

The research adopts a doctrinal methodology based on constitutional provisions, statutes, judicial decisions and Law Commission reports. It finds that Indian constitutional law permits capital punishment but treats it as an exceptional penalty subject to rigorous judicial safeguards.



Keywords

Capital punishment, Death penalty, Constitutional validity, Judicial decisions



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References


PRIMARY SOURCES

  1. Constitution of India.
  2. Bharatiya Nyaya Sanhita, 2023.
  3. Bharatiya Nagarik Suraksha Sanhita, 2023.
  4. Jagmohan Singh v. State of U.P., (1973) 1 SCC 20.
  5. Bachan Singh v. State of Punjab, (1980) 2 SCC 684.
  6. Machhi Singh v. State of Punjab, (1983) 3 SCC 470.
  7. Mithu v. State of Punjab, (1983) 2 SCC 277.
  8. Triveniben v. State of Gujarat, (1989) 1 SCC 678.
  9. Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, (2009) 6 SCC 498.
  1. Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1.

SECONDARY SOURCES

  1. Law Commission of India, Report No. 262, The Death Penalty (2015).
  2. Law Commission of India, Report No. 35, Capital Punishment (1967).
  3. Supreme Court of India, judgments and constitutional jurisprudence concerning sentencing and   Article21.
  4. Standard textbooks and academic literature on Indian Constitutional Law and Criminal Law.

ONLINE SOURCES

 

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