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Capital Punishment In India




Yeshika Sharma, BBA LLB, Manav Rachna University

ABSTRACT

India is a developing country with a constant increase in crime rates. Legislation in India states various punishments given for criminal activity such as imprisonment, life imprisonment, capital punishment, etc. Capital punishment is regarded as the most severe punishment for criminal activities. Capital punishment is defined under Section 354(5) of the Criminal Code of Procedure, 1973 as "Hanging by the neck until dead", and is awarded only in the 'rarest of cases. In India, the death penalty is awarded by the court as the maximum punishment for certain serious offenses, including murder, terrorism, and drug trafficking. In this article we will discuss the historical background of capital punishment and elaborate two primary concepts concerning capital punishment - reformative theory and preventive theory. For a better understanding we will discuss some rarest of the rare cases.

Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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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:

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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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