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THE RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS

THE RELEVANCE OF CAPITAL PUNISHMENT IN INDIAN CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS

Pratyush Mahapatra, LAJPAT RAI LAW COLLEGE, SAMBALPUR UNIVERSITY

The concept of life is profoundly significant, intertwining morality, justice, and the implications of wrongdoing. Capital punishment, or the death penalty, is a highly contested form of punishment where a person is executed by the state for a crime. This paper examines the introduction and evolution of capital punishment in India’s criminal justice system, analyzing arguments for and against it. It explores international law compliance, judicial precedents, and significant reports shaping its implementation in India.

Historically, the death penalty has roots in ancient Hindu and Islamic laws and was prevalent during the Mughal Empire. In modern India, it is reserved for the rarest of rare crimes. Arguments favoring the death penalty include deterrence and moral retribution, while opponents highlight the risks of grave injustice, lack of selectivity, and ineffectiveness in curbing crime. Global trends show a movement towards abolition, with many countries reducing or eliminating its use.

The paper underscores the need for judicial reforms, life imprisonment without parole, and education programs as alternatives to the death penalty, advocating for a shift towards more humane and restorative forms of justice.