Constitutional Validity Of Capital Punishment Under The Indian Penal Code, 1860 And Other Indian Laws

Geetika Rathore, B.A. LL.B. at S.S. Jain Subodh Law College, Jaipur.

"Capital punishment is the most premeditated of murders." - Albert Camus

ABSTRACT

The Capital Punishments, also known as the "death penalty", is a serious punishment mainly imposed for serious crimes such as murder and rape. Based on the principle of retributive justice, it argues that those who commit such terrible acts should face an equal fate. Proponents argue that their existence has a deterrent effect by instilling fear in society and discouraging individuals from committing such reprehensible acts. In the Indian context, the Hon’ble Supreme Court, as the highest judicial body, has passed important decisions on capital punishment over the past half century. These landmark decisions thoroughly addressed constitutional validity, procedural aspects, and various related issues. The legitimacy of the death penalty has been challenged by claims that it violates the tenets of the Indian Constitution. The purpose of this article is to consider the constitutional legitimacy of the death penalty and analyze current developments based on case law and the findings of respected jurists and hon’ble judges. The ultimate purpose is to determine whether the death penalty complies with the provisions of the Constitution. This paper examines key positions and case law to navigate the legal landscape and determine whether the death penalty remains constitutionally permissible in light of evolving societal perspectives and legal interpretations.

Keywords: Death Penalty, Constitution, Capital Punishment, India.