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A Summary Of Capital Punishment In India




Ayush Das, JRSET College of Law


Introduction:


In the 21st century, one of the most hotly debated topics around the world is the death penalty or capital punishment. Capital punishment can be briefly defined as the state-sanctioned killing of a person for actual misconduct. While some countries view it as an essential tool for deterring crimes, other countries argue that it is a gross violation of human rights. There have been various requests for the abolishment of capital or death penalty from various international human rights organizations1, including the United Nations Human Rights Council (UNHRC)2, and as a result, 144 countries3 have already abolished the death penalty and have replaced it with lifetime imprisonment or long-term imprisonment. For example, France abolished the death penalty in 1981 and replaced it with life imprisonment, which included a parole after a safety period of 18-22 years. But 553 countries, including India, China, Iran, Saudi Arabia and others, still practice it. In India, the debate surrounding the abolishment of the death penalty intensifies during high-profile cases such as the Nirbhaya Gang Rape Case (2012), the R.G. Kar Case (2024), terrorist cases, etc. While the judiciary uses the rarest of the rare doctrine when dealing with capital punishment, questions still exist regarding fairness and compliance with global human rights standards. So in this article, we take a deep dive and explore the legal landscape of capital punishment in India.





Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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