Death Penalty In India: Justice Or Revenge
- IJLLR Journal
- Jun 29
- 1 min read
Anmol Priyadarshi, Central University of South Bihar
ABSTRACT
This article critically examines the contentious issue of the death penalty in India, exploring whether it serves as a tool of justice or a manifestation of societal revenge. Rooted in both historical precedent and modern legal frameworks, capital punishment remains embedded within the Indian judicial system under the "rarest of rare" doctrine, as upheld in cases like Bachan Singh v. State of Punjab. The article navigates through global perspectives, constitutional challenges under Article 21, and the impact of procedural safeguards defined in the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, 2023. Drawing from both retributive and reformative theories of punishment, it highlights key judicial opinions and evolving societal attitudes—particularly post- Nirbhaya case—where public outcry, media trials, and socio-economic biases have influenced capital sentencing. The paper also discusses international human rights positions, including India’s obligations under the ICCPR and recommendations from the Law Commission advocating abolition for ordinary crimes. Through critical case law and scholarly views, the article argues that the death penalty risks irreversible errors, denies opportunities for reform, and is increasingly misaligned with the principles of human dignity and justice. Ultimately, it calls for a principled re- evaluation of capital punishment in India, questioning whether the justice system should deliver moral progress or merely satisfy public vengeance.
