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Capital Punishment – State-Sponsored Murder Or A Deterrent? Critical Analysis Of Retributivism As An

Capital Punishment – State-Sponsored Murder Or A Deterrent? Critical Analysis Of Retributivism As An Element In Capital Punishment

Arushi Sharma, SLS, Noida (Symbiosis International University) & Shivanshi Gupta, Jindal Global Law School, OP Jindal University


In India, the death sentence is a legal form of punishment and such penalty is reserved for the most heinous crimes. Those who commit the most serious crimes in India are sentenced to death by firing squad. India, which is a rapidly growing country and has a wide range of laws intended at deterring and punishing criminal conduct, has seen a surge in the number of crimes committed because the penalties are not strong enough. There must be tough punishments in order to reduce crime. All fines have one common goal: to exact revenge on the person who committed the offence. The death sentence, life imprisonment, and several other forms of confinement are all available in India. In the eyes of many, death is the harshest kind of punishment. According to this paper, capital punishment is an international issue, as well as what constitutes a capital offence. Aside from the many modalities of capital punishment in India, the Law Commission Report and several rulings and other topics of death sentence jurisprudence are all included in this document. A final judgement on the use of the death penalty in India will necessitate an examination of the country's constitution and legal system, in addition to the concepts of retribution and deterrent. Death penalty abolition in India is dependent on a number of factors, including the prison system's ability to house all inmates on death row, as well as the fact that the death penalty is unjustly applied to some groups. Death penalty abolishment will be difficult to accept in a culture where rape is committed every fifteen minutes. It's unlikely that a community that showers flowers on police officers after a rape occurrence results in the abolition of capital punishment. The death penalty cannot be abolished until the Indian public accepts this change, which can only be achieved through the acceptance of new laws and processes.

Keywords: capital punishment, law commission, retribution, deterrent, jurisprudence, death penalty, rape offence, police, constitution.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

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.


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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