Rethinking The Death Penalty: A Benthamite Critique
- IJLLR Journal
- Apr 24
- 1 min read
Aditi Talukdar, National Law University and Judicial Academy, Assam
ABSTRACT
This project looks at the death penalty in India from the point of view of Jeremy Bentham’s utilitarian theory. Bentham argued that punishment should only be used if it prevents greater harm and contributes to the overall happiness of society. He opposed the death penalty due to its irreversible nature, lack of proven deterrent effect, and failure to allow for reform. The project mainly focuses on the “rarest of rare” doctrine developed by the Supreme Court in important cases like Bachan Singh and Machhi Singh. By comparing how the courts have applied this rule in different cases, the project questions if there is consistency and justice in the way death sentences are given. It also checks if Bentham’s ideas about usefulness, fairness, and public good are followed or not.
Keywords: Death penalty, capital punishment, Jeremy Bentham, rarest of rare.
