Capital Punishment In India: Justice Or Revenge: A Critical Legal Analysis
- IJLLR Journal
- Apr 20
- 1 min read
Khushbu Singh, Saraswati Kahar & Rupali Pandey, KES' Shri Jayantilal H. Patel Law College
ABSTRACT
Capital punishment, commonly known as the death penalty, remains one of the most contentious issues in the Indian legal system. Despite the constitutional guarantees of the right to life under Article 21, Indian courts continue to award the death sentence in cases classified as the "rarest of rare." This paper examines the historical evolution, constitutional validity, judicial interpretation, and the ongoing socio-legal debate surrounding capital punishment in India. By analyzing landmark judgments such as Bachan Singh v. State of Punjab (1980) and Machhi Singh v. State of Punjab (1983), this paper argues that the application of the death penalty in India raises profound questions about whether it serves the ends of justice or merely constitutes state-sanctioned revenge. The paper further explores reformist perspectives, international trends toward abolition, and the disproportionate impact of capital punishment on marginalized communities.
Keywords: Capital punishment, death penalty, rarest of rare, Article 21, Indian judiciary, retributive justice, abolitionism, constitutional validity.
