Capital Punishment: Legal Arguments For And Against
- IJLLR Journal
- Jul 28
- 2 min read
Ved Mishra, Symbiosis Law School Hyderabad
ABSTRACT
Capital punishment remains one of the most debated and controversial aspects of criminal law and human rights. This paper explores the legal arguments both for and against the use of capital punishment focusing on its justification application and impact within a constitutional and human rights framework. Supporters argue that the death penalty serves as a necessary prevention against the most heinous crimes and provides justice for victims and supports the rule of law. They maintain that it is a legitimate form of punishment particularly when applied in extreme cases involving murder or terrorism. Legally, it is supported in various jurisdictions under the principle of proportionality that the punishment should match the gravity of the crime.
However, critics challenge the morality, fairness, and success of capital punishment. They argue that capital punishment is often applied randomly and excessively, with biases related to race, class, and legal representation influencing sentencing. They highlight the irreversible nature of the penalty, the potential for wrongful convictions. Legal critics also question whether the death penalty truly aligns with constitutional principles such as the right to life and the guarantee of equal protection under the law.
The rarest or rare doctrine is a principle established by the supreme court of India that governs the imposition of the death penalty Still, the uncertainty in its explanation has led to difference in sentencing. Globally, there is a shift toward abolition, with over two-thirds of countries either abolishing it in law or ceasing its practice.
The paper further discusses judicial explanation, international legal standards, and evolving global trends toward abolition. Eventually, the study highlighting the need for a balanced, fair, and humane approach to justice, encouraging societies to reconsider whether capital punishment remains united with modern legal and ethical values.
