Relevancy Of Death Penalty In Modern Legal System Of India

Alok Singh, Ph.D. Scholar, National Law Institute University, Bhopal

ABSTRACT

This research work aims to examine the relevancy of the death penalty in the modern legal system of India in context of the today’s global trend towards abolishing death penalty. With around 3/4th of the nations around the globe abolishing it, growth of rehabilitative, reformative, feminist jurisprudence, it is the high time to analyse its relevance in contemporary Indian society.

The work takes cognizance of the law commission of India’s 35th and 262nd report. Further, arguments for and against retaining the capital punishment are also evaluated along with landmark precedents of the Apex court which include discussion of the Rarest of rare doctrine evolved in Bachan Singh v. State of Punjab (1980 (2) SCC 684) which was further elaborated in Machhi Singh v. State of Punjab (1983 (3) SCC 470), upholding the constitutionality of death penalty in Jagmohan Singh v. State of UP(1973 AIR 947) and trucking down of Section 303 IPC in the case of Mithu Singh v. State of Punjab (1983) 2 SCC 277) etc. Further it deals with statutory provisions regarding death penalty which include the offences for which death penalty is prescribed in the Indian Penal Code 1860, special reasons to be attributed for imposing death sentence under Section 354(3) CrPC. The work also aims to highlight the issues and challenges in imposing death sentence in India and its probable remedies which can help eliminate those issues so that any innocent is not subjected to wrong executions.