The Death Penalty In India: Legal Framework, Ethical Dilemmas, And The Challenge Of Deterrence
- IJLLR Journal
- Jul 9
- 2 min read
Diya, St. Joseph's College of Law
Introduction
Capital punishment, also known as the 'death penalty or death sentence,' is awarded for capital offences such as murder or multiple murders, rape, or any other offence where the death penalty is prescribed by law. The fundamental concept underlying the imposition of a death sentence is that those who commit such an offence are regarded as a threat to society. The death penalty is also used to serve as a deterrent in society. Although India adheres to the restorative justice theory, which states that after being punished for the offence and serving the sentence, the offender may redeem himself for the harm he caused to society and to make him/her understand that the offence committed by him/her caused harm, as well as to discourage them from causing further harm to society.
The theory of retributive justice is central to the case for the death penalty. This theory holds that the person who has committed such a heinous crime must also suffer the same fate. The death penalty is used to create a deterrent effect on society so that people do not commit crimes and be afraid of the consequences of the offence.
Death penalty has been abolished in many countries and the United Nations has stated that countries must abolish the death penalty, the question of constitutional validity has been raised before the Supreme Court in a number of cases. Since the right to life is enshrined in Article 211 of the Indian Constitution, the Constitution is a fundamental right that cannot be taken away; it is one of the most important and compelling arguments for abolishing the death penalty even in the most egregious of cases, but the Supreme Court has not ruled out capital punishment as of yet. The Supreme Court has ruled in favour of the death penalty in a series of judgements.
