Capital Punishment In India: An Analysis

Jayaditya Bora, B.B.A.LL.B., KIIT School of Law, Bhubaneswar, Odisha

ABSTRACT

Capital punishment in India is a legal form of punishment in India for certain offences. The death penalty is currently used in India for offences such as murder, terrorism-related crimes, rape, etc. In India, capital punishment is allowed only in “the rarest of rare cases” and only after the due process of law is completed. The Supreme Court of India laid down the criteria for giving the death penalty in the Bachan Singh v. State of Punjab case in 1980. It held that the death penalty should be imposed only when the crime is of an “extremely heinous nature” and that there should be “irreversible evidence” of guilt. Capital punishment is carried out by either hanging or shooting. In India, the use of the death penalty has been declining over the years. In 2018, India executed four people, the lowest number since 1995. The debate over capital punishment in India is ongoing, with several human rights organizations and other groups advocating for its abolition. This research paper revolves around this very topic of “capital punishment” in India and its interpretation and meaning, constitutional validity and history along with some landmark and important cases.