Capital Punishment In India: Legal Framework, Contemporary Critique, And Global Perspectives
- IJLLR Journal
- Oct 13
- 2 min read
Sovi Devasia & George K.O., Bharath Matha School of Legal Studies, Choondy Aluva
Introduction
Capital punishment, commonly referred to as the death penalty, has long been one of the most debated aspects of criminal justice systems globally. In India, it exists as a legal sanction, but it is imposed under strict circumstances. The fundamental question revolves around its justification: Is it morally defensible? Constitutionally valid? Effective as a tool for justice and deterrence? This article delves into the legal underpinnings of capital punishment in India, traces its judicial evolution, examines critical perspectives, and situates India within broader global practices. By doing so, it seeks to evaluate whether India’s approach balances justice, human rights, deterrence, and fairness.
1. Legal Basis and Constitutional Dimensions
1.1 Statutory Provisions
In India, the death penalty is prescribed under multiple statutes, with the Indian Penal Code (IPC) being the primary legislation. Offences attracting capital punishment include murder under Section 302, terrorism-related crimes, certain offences under anti-terrorism laws, and other grave offences related to national security. However, the law does not treat death as the default sentence. Typically, life imprisonment is the standard punishment for murder, with capital punishment reserved for particularly egregious crimes, such as mass murders, acts of terrorism, or murders with aggravating circumstances.
Special statutes, including the Prevention of Terrorism Act (POTA) (now repealed) and provisions under the Arms Act, also prescribe the death penalty for acts deemed exceptionally threatening to public safety and national security.
1.2 Constitutional Safeguards
India’s Constitution lays down strict safeguards to ensure that deprivation of life is carefully regulated:
• Article 21: Protects the right to life and personal liberty. Any deprivation of life must follow a “procedure established by law” and conform to principles of due process. While the death penalty itself is not unconstitutional, the Supreme Court has emphasized that its imposition must respect these procedural safeguards.
