CAPITAL PUNISHMENT IS NEED IN INDIA

Best Citation – Siddhi Parmar, CAPITAL PUNISHMENT IS NEED IN INDIA, 1 & LIU 84 (2022)

ABSTRACT

Capital punishment, sometimes known as the death penalty, has become the most contentious topic in our legal system as a means of administering justice. The death penalty is a legal process in which a person is sentenced to death as a punishment for committing a crime by the state. With the rise in demand for human rights, killing a criminal has become the most divisive and debated topic not just in the India, but also around the world. Surprisingly, this technique of execution has been practiced since the dawn of time. In most historical records of varied civilizations and basic tribal traditions, the death sentence appears to have been an element of the legal system. The constitutionality of the death sentence has been questioned on several occasions, and there have been some revisions in the notion of the death penalty since the re-enactment of the code of civil procedure in 1973. A judge must assign reasons for not imposing the death penalty under the 1898 act, however under the 1973 act, exceptional reasons must be supplied for giving the death penalty rather than life imprisonment under section 354(3). The death sentence is to be imposed in the rarest of rare circumstances, according to legal procedure, and the specific reasons for imposing the death penalty must be recorded in the penalty, as spelled out by the Supreme Court in its landmark decision. The death penalty is regularly proposed as a means of providing closure to the victims’ families. There are several stories of people who have been sentenced to death using the time before their execution to repent, express regret, and, in many cases, undergo great spiritual rehabilitation.

Key words: Punishment, Death penalty, crimes, code of criminal procedure, death sentence