Ajay Singh, School of Law, Galgotias University
ABSTRACT
The most powerful case in the favour of capital punishment is the claim of justice. Some crimes are so heinous that the only proportionate punishment, the only fitting retribution is death. This is not a claim to be taken lightly. One purpose of the law is that it ensures the evil be appropriately repaid, that justice is done. [1]
In the light of the above-mentioned assertion, India’s deterrence damnation has been par for the course of deterring the miscreants from monstrosity against the auspices of the society.
Intriguingly, the contemporary conceptualization of the political class propagandized the countermanding of capital punishment as the gimmick for partisan political objectives underpinning profuse pretext which are hereinafter divulged as:-
1. Capital punishment reinforces the idea of retributive justice as a mediaeval concept that must have no place in a civilized society.
2. Capital punishment has no deterrent value as its use has not been shown to bring about a significant decrease in crime.
3. Capital punishment is irrevocable owing to its virtue of being undone.
4. The possibility of retention of death punishment may lead to a failure of justice.
The death sentence is no deterrence to the commission of offences but deterrence to conviction for exemplifying prosecution of abrasive sanction with excruciation of extortionate quantum.
That being so, the indagation will place reliance on the intellection to set naught and contrariwise the foregoing proposition with reference to recognition of international system of laws and covenants justifying the title as “Accentuating the Veracity of Capital Punishment”.