From Ancient Justice To Modern Controversy: Exploring The Genesis Of The Death Penalty In India

Adv. Harish Pandey, SRM University Sonipat, Delhi-NCR

ABSTRACT

The Indian death penalty comes from old legal and religious texts. Treason, homicide, and governmental and religious law infractions were capital offences throughout the Vedic period and Maurya and Gupta empires. In Kautilya's Arthashastra, major breaches were punished by death. Political and religious regimes have influenced Indian death penalty laws. Indigenous traditions were common in Mughal and British law. Punishment has long been a good tool to restore order, enforce laws, and administer justice. One of the most important criminal law characteristics. 'Capital punishment or death sentence' has served its purpose for millennia. The context, number, nature, form, and manner of its offences have altered. To understand the issue holistically and its underlying changes in idea and implementation, studies of its nature, genesis, historical background, and subsequent advancements are needed. This chapter discusses them.