Death Penalty - A Need For Abolition In India





Vaishali. T, Assistant Professor of Law, Saveetha School Of Law (SIMATS), Chennai


Abstract


Death penalty a cruel and unreversible form of sentence once it is been executed. An order to take way one’s life is not play thing. India still retains the death penalty in the cases of serious crimes. Hon’ble supreme court has also strived its way to pronounce a principled guideline in sentencing and imposing death penalty against an offender. The application of court’s precedent on determining the aggravating and mitigating circumstances in the case on inflicting death penalty is also inconstantly applied by the judiciary. The principled guideline prescribed in Bachan singh case is inconstantly applied and imposing death penalty in rarest of rare case is also no more been a rare. The judiciary has also accepted per incuriam in certain cases as death penalty is imposed the convicts in erroneous. The death penalty is no more awarded based on principled sentencing, it has become judge centric sentencing and if execution on convicts based on judgement is made and later if it is discovered that the executed accused is not guilt then no mechanism can bring back the life of dead person thus in order to evade this cruel circumstance , death penalty need to be abolished.


Keywords: Death penalty, per incuriam, judge centric, principled guideline, erroneous and abolition

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​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.

Disclaimer:

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.