Legal Justifications Of Capital Punishment In India

Sagarika Shukla, Amity Law School, Amity University Lucknow, AUUPMs.

Malobika Bose, Asst. Prof., Amity Law School, Amity University Lucknow, AUUP

ABSTRACT:

The state's imposition of the death sentence as a result of a crime committed is known as capital punishment. In today’s society, the effectiveness of this punishment is highly questionable. From an ethical perspective, abolitionists contend that biased sentencing guidelines and violations of human rights make the death penalty unjust. The "deterrent theory" and the "eye-to-eye approach" are cited by proponents of the death penalty as the main justifications for their positions. Nevertheless, a number of Indian court rulings have stressed the need to use the death sentence only in the "rarest of the rare" circumstances.

Keywords: Capital punishment, death penalty, legal justification, ethics, legal frameworks, deterrence, constitutional law, international law.