Ayushi, LLM, Amity Law School, Amity University, Lucknow, Uttar Pradesh
Mudra Singh, Assistant Professor (Grade III), Amity Law School, Amity University, Lucknow, Uttar Pradesh.
ABSTRACT
This article talks about the effectiveness of the death penalty in crime deterrence. Purpose of the death penalty and the aim behind eliminating the criminals through the death penalty has been analysed. The constitutional validity of the death penalty in India and the laws regulating death penalty have been examined. Data related to the death penalty has been analysed to understand the effectiveness of the death penalty in eliminating the criminals from society. Data suggesting the effectiveness of the death penalty in crime deterrence has also been analysed. The loopholes and shortcomings in the system of death penalty in India have been examined. There has been a discussion on the illegal ways adopted in the past and recent times to punish or eliminate the criminals because the current legal system is not able to provide quick justice. In this way, inefficiencies in the system of death penalty have been criticised due to its inability in providing quick justice and in creating a fear among people. The provisions for capital offences in the BNS Bill, 2023 have also been examined. In the end, it is found that the death penalty is not effective in deterring crimes and various helpful suggestions have been given to improve the existing system.
Keywords: Death penalty, capital offence, capital offences, capital punishment, hanging of prisoners, convict with death penalty, death row convicts, human rights of the prisoners, death penalty in IPC, Capital offences in BNS Bill 2023, Death penalty in The BNS Bill 2023, Article 21, right to life, reformation & rehabilitation of prisoners, mercy petition, presidential pardon, clemency, loopholes in the system of death penalty
