AN EXAMINATION OF CAPITAL PUNISHMENT IN INDIA: LEGAL

FRAMEWORK, ETHICAL CONSIDERATIONS, AND SOCIETAL

IMPACT

Submitted to: Submitted by:

Mr. Abhijit Anand Aryan Thakur

SAP ID : 500121246

B.B.A., LL.B.(Hons.)

Semester: 3rd

UPES, DEHRADUN

November 2024

1
 DECLARATION
I, Aryan Thakur do hereby declare that the work reported in the B.B.A., LL.B.(Hons.) project
titled ‘Capital Punishment in India’ submitted to Mr. Abhijit Anand in School of law is a record
of original work done by me.

Aryan Thakur

3rd semester, B.B.A., LL.B.(Hons.)

UPES

ACKNOWLEDGMENT

I would like to take this opportunity to express my pleasure of gratitude and deep regard to Mr.
Abhijit Anand, Professor of BNS-2023 for giving me the opportunity to do this article .

I would like to express my sincere gratitude to my faculty for his invaluable support and
guidance throughout the process of the article. Their insights, encouragement, and feedback
have been instrumental in shaping this work. I also extend my appreciation to my friends and
colleagues for their assistance and resources, which made this article possible.

CONTENTS

ABSTRACT .............................................................................................................................. 3

INTRODUCTION TO CAPITAL PUNISHMENT IN INDIA ................................................. 5

LEGAL FRAMEWORK RELATED TO DEATH PENALTY ................................................. 7

ETHICAL CONSIDERATIONS ............................................................................................. 12

SOCIETAL IMPACT............................................................................................................... 14

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INTERNATIONAL PERSPECTIVES AND COMPARISONS .............................................. 16

CONTEMPORARY DEBATES AND REFORMS ................................................................. 19

CONCLUSION........................................................................................................................ 20

BIBLIOGRAPHY.................................................................................................................... 20

ABSTRACT

Capital punishment as a form of punishment has constantly been a matter of debate and
discussion all over the world. It has proved to be a puzzle for the legal world 1. This research
paper aims to present views on three different aspects i.e.; legal framework, ethical
considerations, and societal impact related to this puzzle of the death penalty.

This paper starts by examining the historical background and the current status of legal
provisions that enable and regulate the death penalty in India. Even the apex court and other
High courts’ interpretations of capital punishment have been expounded and current cases have
been analyzed and classified by the article. From the legal perspective, the following paper
proceeds for the critical examination of ethical issues. This section focuses on ethical issues
pertaining to the death penalty by arguing for and against the penalty as viewed from the
philosophies of ethical considerations as well as human rights 2 . The societal impact
measurement evaluates the way capital punishment makes an imprint on the Indian population
and on the formation of people’s perceptions. It also looks at the level of its efficiency in
preventing the commission of criminal acts, the psychological impact on society, and the socio-

1
Vatsa, Apala. “DEATH PENALTY IN INDIA: AN EXAMINATION OF THE HISTORICAL DISCOURSE.”
Proceedings of the Indian History Congress, vol. 80, 2019, pp. 1174–82. JSTOR,
https://www.jstor.org/stable/27192972. Accessed 11 November 2024.
2
‘Capital Punishment: Capital Punishment Debate and Its Ethical and Legal Implications’ (FasterCapital)
<https://fastercapital.com/content/Capital-Punishment--Capital-Punishment-Debate-and-Its-Ethical-and-
LegalImplications.html> accessed 11 November 2024.

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economic repercussions of the same. Additionally, the details of the study include the voices of
victims’ relatives, inmates, lawyers, jurists, and human rights campaigners.
The paper also compares the status of capital punishment and its impact on different nations of
the world. Through a comprehensive examination of these dimensions, the study aims to
provide a nuanced understanding of capital punishment in India, highlighting the need for
informed policy decisions that align with ethical standards and societal well-being. Drawing
from the findings, the research outlines measures of reform that would possibly improve the
legal system regarding the complexity and challenges related to the death penalty.

Keywords:- Capital punishment, legal framework, ethical considerations, societal impact,

puzzle, death penalty.

Research Objectives

• To study the legal framework, and ethical considerations of capital punishment in India
• To examine the societal impact of capital punishment

Research Questions

• What are the various laws related to capital punishment in India

• What are the different ways of capital punishment in the world
• Is capital punishment serving the purpose with which it was made as a mode of
punishment

Hypothesis
The current legal framework and application of capital punishment in India do not effectively
deter crime and raise significant ethical concerns, resulting in a societal impact that perpetuates
fear and injustice rather than promoting rehabilitation and social harmony.

Scope of Study

The purpose of the study is to examine the efficiency of the law of death penalty

Limitations of the Study

There are constraints on the researcher's ability to finish the study in terms of time, money, and
territory. The scope of the study will be restricted by the researcher to the activities and

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conditions that prevailed at the time when the aforementioned activities took place and set the
stage for the growth of the subject under discussion.

Research Methodology
The author will be depending on the secondary research method. The author will be depending
on secondary references such as books, internet websites, newspapers, research papers, etc.

Mode of Citation

I have followed the Blue Book Citation (20th edition) in this project.

Literature Review

The Death Penalty: Perspectives from India and Beyond

This book written by Sanjeev P. Sahni, and Mohita Junnarka offers a broad overview of public
attitudes to the death penalty in India. It examines in detail the progress made by international
organizations worldwide in their efforts to abolish the death penalty and provides statistics from
various countries that have already abolished it.

Capital Punishment in India: A Complex Issue

The research paper written by Dr. Sangeeta Thakur has delved into the discussion of ethical,
legal, and social implications of the death penalty as a mode of punishment. It presents
arguments for both in favor and against it. Through a comprehensive review of academic
literature, legal cases, and empirical studies, this paper sheds light on the complexities
surrounding capital punishment and its effects on individuals and society

Crime and Justice in India

The book has been authored by N. Prabha Unnithan and published by Sage Publication in 2013
has given a detailed analysis of the criminal justice system in India.

INTRODUCTION TO CAPITAL PUNISHMENT IN INDIA

Capital punishment, also known as the death penalty, is the practice of executing individuals
convicted of the most serious crimes, often referred to as "capital offenses." The origin of
capital punishment dates back to ancient times, with various civilizations employing it as a

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method to maintain order and impose justice. The death penalty has been in place since the
Code of Hammurabi, a body of laws from ancient Mesopotamia, which established the death
penalty for a number of crimes including adultery, murder, robbery, and witchcraft, in the
eighteenth century BC. In addition to Egypt, China, India, Greece, and Rome, other ancient
societies also applied the death penalty for a variety of crimes, frequently employing cruel
techniques including beheading, stoning, burning, and crucifixion3.

In India, the concept of the death penalty has its roots in ancient legal systems, including the
Manusmriti, where severe punishments were prescribed for certain offenses. Over time, the
death penalty became entrenched in the legal traditions of the country, evolving through
colonial rule and modern-day legal frameworks. The global history of capital punishment is
marked by varying degrees of acceptance and abolition. While ancient societies widely
practiced it, the 18th century witnessed a shift towards human rights and the reconsideration of
the death penalty’s moral and ethical foundations. Philosophers such as Cesare Beccaria, in his
seminal work "On Crimes and Punishments," argued against capital punishment, labeling it
inhumane and ineffective as a deterrent to crime. This marked the beginning of a global
movement towards its abolition, which gained significant traction in the 20th century,
particularly in Europe. In India, capital punishment remains legal, though it is reserved for the
"rarest of rare" cases, typically involving heinous crimes such as terrorism, brutal murders, and
cases threatening the sovereignty of the nation. The Indian Penal Code, 1860, laid the
foundation for many of the punishable offenses that can attract the death penalty. However, its
use is infrequent, and every death sentence is subject to rigorous judicial scrutiny and appeals.

Globally, the death penalty is a highly contentious issue, with countries divided into abolitionist
and retentionist camps. Many countries, particularly in Europe, have abolished the death
penalty, citing concerns over human rights, the possibility of wrongful convictions, and the lack
of evidence that it serves as a deterrent to crime. On the other hand, countries

such as China, Saudi Arabia, and the United States continue to practice it, though the frequency
and methods vary widely. In India, the debate over capital punishment remains active, with
arguments for its retention grounded in the need for justice, retribution, and public safety, while

3
‘Review Death Penalty Punishments in Bhartiya Nyaya Sanhita 2023 | People’s Union for Democratic Rights’
<https://www.pudr.org/press-statements/review-death-penalty-punishments-in-bhartiya-nyaya-sanhita-2023/>
accessed 11 November 2024.

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opposition often centers on ethical concerns, human rights, and the possibility of judicial errors.
As the global conversation evolves, India continues to grapple with balancing justice and
human dignity in its application of the death penalty.

LEGAL FRAMEWORK RELATED TO DEATH PENALTY

The death penalty, or capital punishment, remains a critical and contentious element of India's
criminal justice system. While it has been retained for specific and severe crimes, its application
is governed by a stringent legal framework intended to ensure justice is served while upholding
constitutional protections. As per the data collected by National Law University, New Delhi
under Project 39A, the number of persons who have been executed since the independence of
India is approx 720 to 750 while the data shared by the government is different4. This is because
the government does not keep proper records of persons who have been executed. Post 2000,
only 4 criminals have been hanged by neck in India though the death penalty has been awarded
to more than 2000 culprits by the courts5. Further, 561 persons are on death row6. Nathuran
Ram Godse was the first person who was executed by death penalty for murdering Mahatma
Gandhi. This detailed analysis will explore the legal framework governing capital punishment
in India, focusing on the statutes, procedures, constitutional provisions, and judicial guidelines
that shape its application.

1. Statutory Provisions Governing the Death Penalty

The death penalty in India is primarily governed by various provisions within the Bhartiya
Nyaya Sanhita, 2023, and other statutes that prescribe capital punishment for the gravest
offenses. These statutes delineate the crimes that are punishable by death and provide the legal
foundation for their imposition. Some key statutes include:

Bharatiya Nyaya Sanhita, 2023:

4
‘At Least 720 Executions in India since 1947 - The Economic Times’
<https://economictimes.indiatimes.com/news/politics-and-nation/at-least-720-executions-in-india-
since1947/articleshow/74728787.cms?from=mdr> accessed 11 November 2024.
5
‘2500 Death Penalties since the Year 2000, Only 4 Executions’ (FACTLY, 30 January 2020)
<https://factly.in/2500-death-penalties-since-the-year-2000-only-4-executions/> accessed 2 October 2024.
6
‘Death Penalty: 561 Inmates on Death Row, Highest in Two Decades: Report - The Economic Times’
<https://economictimes.indiatimes.com/news/india/561-inmates-on-death-row-highest-in-two-
decadesreport/articleshow/107585083.cms?from=mdr> accessed 11 November 2024.

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 The BNS passed by the Indian Parliament in 2023 which came into force in July 2024, lists
several offenses for which the death penalty may be imposed. There are now fifteen crimes in
the BNS that are punishable by death, up from the previous eleven 7.
The most notable of these offenses include:

• Murder (Section 101): The most common offense attracting the death penalty in India
is murder. However, not every murder leads to a death sentence; the courts carefully
consider the severity of the crime and the circumstances under which it was committed.

• Treason (Section 152): Waging or attempting to wage war against the government is
punishable by death under this section. This provision is often invoked in cases
involving terrorism and acts that threaten the sovereignty of the nation.

• Dacoity with murder {Section 310(3)}: When a group of five or more individuals
commits armed robbery (dacoity) and someone is murdered during the act, the law
permits the death penalty for all involved.

• Gang rape {Section 70(2)}- Gang rape of any woman below the age of 18 years, is now
punishable with the death penalty.

Bharatiya Nagarik Suraksha Sanhita, 2023:

The procedural aspects of imposing the death penalty are governed by the Bharatiya Nagarik
Suraksha Sanhita, 2023 earlier known as the Criminal Procedure Code, which lays out the
guidelines for trials, sentencing, and execution. Key provisions include:

• Section 258(2): After the accused is convicted, this section mandates a separate hearing
for sentencing. This allows the convict to present mitigating circumstances and the
court to weigh factors like age, criminal history, mental condition, and nature of the
crime before deciding the appropriate punishment.

• Section 393(3): This section requires that when the death penalty is imposed, the court
must provide "special reasons" for doing so. It emphasizes that the death penalty should
be an exception, reserved for the "rarest of rare" cases, as laid down by the Supreme
Court of India.

7
‘Review Death Penalty Punishments in Bhartiya Nyaya Sanhita 2023 | People’s Union for Democratic Rights’
(n 3).

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 • Section 409: This section mandates approval by the High Court of any death sentence
passed by the court of sessions. The High Court can also alter the sentence of the trial
court or order a new trial.

• Review and Mercy Petitions (Sections 413 and 418): Individuals sentenced to death can
file appeals, review petitions, curative petitions, and ultimately, mercy petitions to the
President or Governor.

Prevention of Terrorism Act (POTA), 2002 (now repealed):

Although the Prevention of Terrorism Act was repealed in 2004, it is notable for having
included provisions for the death penalty in cases of terrorism-related offenses. The successor
to this law, the Unlawful Activities (Prevention) Act (UAPA), continues to impose severe
penalties, including death, for acts of terrorism.

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act):

Section 31A of the NDPS Act provides for the death penalty for certain drug-related offenses,
such as the second conviction for engaging in large-scale drug trafficking. However, this
section has seen limited application due to judicial scrutiny over its proportionality.

2. Constitutional Provisions Related to the Death Penalty

The Constitution of India plays a crucial role in shaping the legal framework of capital
punishment. It provides certain rights and safeguards that apply to individuals facing the death
penalty. The judiciary has stressed that any law depriving a person of life must be fair, just, and
reasonable.

Article 72 and 161 – Power of the President and Governor to Grant Pardon:

Article 72 of the Constitution empowers the President of India to grant pardons, reprieves,
respites, or remission of punishment, including in cases where the death penalty has been
imposed 8 . This executive power acts as a final safeguard against miscarriages of justice,
allowing for mercy petitions to be filed by or on behalf of death row convicts. The Governor
of a state has similar powers under Article 161.

8
Saroj Saini, ‘EXERCISING THE PARDONING POWER AND ROLE OF JUDICIARY IN INDIA’ [2015]
Paripex Indian Journal Of Research <https://www.semanticscholar.org/paper/EXERCISING-THEPARDONING-
POWER-AND-ROLE-OF-IN-INDIA-Saini/f4514abddf294031cf5b6ee6212959a2ec2d4bec> accessed 13
November 2024.

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3. Judicial Interpretation and Guidelines

The Indian judiciary, particularly the Supreme Court, has played a pivotal role in shaping the
jurisprudence around the death penalty. Through various landmark judgments, the Court has
laid down principles and guidelines to ensure that capital punishment is imposed only in the
most exceptional cases. The primary guidelines can be summarized as follows:

Rarest of Rare Doctrine:

The most significant judicial principle that governs the imposition of the death penalty in India
is the "rarest of rare" doctrine, which was introduced in the case of Bachan Singh vs the State
of Punjab9 to ensure that capital punishment is imposed sparingly. The doctrine was established
to strike a balance between awarding capital punishment for the gravest offenses and the
constitutional right to life under Article 21 10. According to this principle, the death penalty
should only be awarded in cases where the crime is so heinous, brutal, or shocking that society
demands the harshest punishment.

4. Methods of Execution

India follows hanging as the primary method of execution for individuals sentenced to death.
This method is provided under Section 393(5) of the BNSS, which states that a death sentence
shall be carried out "by hanging by the neck until the person is dead."

In addition to hanging, Section 163 of the Army Act, 1950 provides for execution by shooting,
but this method is used only in cases involving military personnel convicted under court-martial
proceedings.

5. Class of Offenders Not Subject to Capital Punishment:

Minor

When a crime is committed, no one under the age of eighteen may be demise in India.

Pregnant women

9
Bachan Singh vs State of Punjab, (1982) 3 SCC 24.
10
Prabhleen Batra Et Al., ‘DEATH PENALTY FOR RAPE: DEBATE ON DEATH AS A DETERRENT
SENTENCING POLICY IN INDIA’ (2023) 11 Russian Law Journal
<https://russianlawjournal.org/index.php/journal/article/view/729> accessed 13 November 2024.

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When a pregnant person is on execution row, she has to be granted a pardon under a statute that
came into force in 2009.

Mentally disabled

The Indian Penal Code stipulates the death penalty. sentencing in situations where a criminal
was incapable of thinking clearly at the time of the offense or was unable to understand the
nature of the behaviour or its impropriety.

6. Landmark Cases

1. Jagmohan Singh v. State of Uttar Pradesh11 (1973)

Judgment: This was the first case where the constitutional validity of the death penalty was
challenged. The Supreme Court upheld the death penalty, ruling that it does not violate Articles
14, 19, or 21 of the Indian Constitution. The Court reasoned that capital punishment can be
awarded if due procedure is followed and it is not arbitrary.

2. Rajendra Prasad v. State of Uttar Pradesh12 (1979)

Judgment: The Supreme Court emphasized that the death penalty should be awarded only when
it is absolutely necessary and for reasons of public security. The focus shifted toward the
consideration of reformative aspects of justice rather than retributive, advocating for life
imprisonment as the norm and the death penalty in exceptional circumstances.

3. Bachan Singh v. State of Punjab13 (1980)

Judgment: This landmark case introduced the "rarest of rare" doctrine. The Supreme Court
upheld the constitutional validity of the death penalty but ruled that it should only be imposed
in the "rarest of rare" cases, where the crime is so brutal or heinous that it shocks the conscience
of society. The court emphasized careful consideration of both aggravating and mitigating
factors before awarding the death penalty.

4. Machhi Singh v. State of Punjab14 (1983)

11
Jagmohan Singh v. State of Uttar Pradesh, 1989 1 SCC 678.
12
Rajendra Prasad v. State of Uttar Pradesh, 1979 3 SCC 646.
13
Bachan Singh v. State of Punjab, (1982) 3 SCC 24. 14
Machhi Singh v. State of Punjab, 1983 AIR 957.

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Judgment: In this case, the Supreme Court elaborated on the "rarest of rare" doctrine established
in Bachan Singh. It set out detailed guidelines to determine when a crime qualifies as "rarest
of rare." The factors included the manner of commission of the crime, the motive, the impact
on society, and the extent of the crime’s cruelty.

5. Mithu v. State of Punjab14 (1983)

Judgment: The Supreme Court struck down Section 303 of the Indian Penal Code, which
mandated the death penalty for a person convicted of murder while serving a life sentence. The
Court ruled that this provision was unconstitutional, as it violated Article 21 by making the
death sentence mandatory without considering the circumstances of the crime.

6. Mukesh & Anr. v. State for NCT of Delhi15 (2017) – Nirbhaya Case

Judgment: This was a high-profile case involving the brutal gang rape and murder of a young
woman in Delhi. The Supreme Court upheld the death sentence for the four convicts, invoking
the "rarest of rare" doctrine. The Court held that the crime was barbaric and inhumane, and it
shook the conscience of society.

7. Irappa Sidappa Murgannavar v. State of Karnataka 16 (2022)

Judgment: In this case, the Supreme Court commuted a death sentence to life imprisonment,
emphasizing the importance of reformation as a key factor in sentencing. The judgment
emphasized that rehabilitation and reformation should be considered before awarding the death
penalty unless the case is so exceptional that no other punishment is appropriate.

ETHICAL CONSIDERATIONS

The ethical considerations surrounding the death penalty are complex and multifaceted, often
invoking deep moral, philosophical, and humanitarian dilemmas. Following are some of the
primary ethical arguments for and against the death penalty,

14
Mithu v. State of Punjab, 1983 SCC (2) 277.
15
Mukesh & Anr. v. State for NCT of Delhi, AIR 2017 SUPREME COURT 2161.
16
. Irappa Sidappa Murgannavar v. State of Karnataka, 2021 SCC OnLine SC 1029.

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1. Sanctity of Human Life

One of the central ethical arguments against the death penalty is the principle of the sanctity of
human life. This viewpoint holds that human life is inherently valuable, and no one, including
the state, has the moral authority to take it away. 17 Critics argue that even when a person has
committed a heinous crime, their right to life as given under Article 21 of the
Indian Constitution remains inviolable. The act of execution, in this view, reduces society to
the level of the criminal, as it endorses killing as a form of punishment. In religious and
philosophical traditions, such as Christianity, Buddhism, and secular humanism, the sanctity of
life is often considered a fundamental moral principle. These traditions maintain that all
individuals, regardless of their actions, possess an inherent dignity that should not be violated.
Hence, the death penalty can be seen as a direct contradiction to these ethical teachings.

2. Retributive Justice vs. Rehabilitation

Supporters of the death penalty often invoke the concept of retributive justice, the idea that
punishment should be proportional to the crime committed. In this framework, the death
penalty is justified for the most egregious offenses, as it is seen as a necessary response to
balance the moral scales. Ethically, the question becomes: Is the taking of life a proportionate
and moral response to murder or other capital crimes?

Opponents argue that true justice should prioritize rehabilitation over retribution. From this
perspective, society has a moral obligation to focus on the potential for the offender’s reform
and redemption18. The death penalty, which offers no possibility of rehabilitation, closes the
door on any opportunity for personal transformation, suggesting a punitive and final form of
justice that disregards human potential for change.

3. Risk of Irreversible Error

Another crucial ethical consideration is the risk of executing an innocent person. No justice
system is infallible, and the irreversible nature of the death penalty makes it uniquely
susceptible to tragic and irreversible errors19. Ethical objections to the death penalty often focus

17
‘Death Penalty Disproportionately Affects the Poor, UN Rights Experts Warn | OHCHR’
<https://www.ohchr.org/en/press-releases/2017/10/death-penalty-disproportionately-affects-poor-un-
rightsexperts-warn> accessed 13 November 2024.
18
‘Death Penalty: Contemporary Issues’ <https://www.indianbarassociation.org/death-penalty-
contemporaryissues/> accessed 13 November 2024.
19
Hon William Wilkins, ‘The Legal, Political, and Social Implications of the Death Penalty’ (2007) 41 University
of Richmond Law Review 793 <https://scholarship.richmond.edu/lawreview/vol41/iss4/2>.

13
on the moral responsibility to avoid unjust harm. If even one innocent person is executed, critics
argue, the moral legitimacy of the entire system is compromised. This consideration is tied to
the ethical principle of non-maleficence, which obliges individuals and institutions to avoid
causing harm to others. The possibility of irreversible mistakes makes the death penalty
ethically problematic, as it contradicts this fundamental principle of “do no harm.”

4. Discrimination and Bias

While societal impact is often addressed in discussions about the death penalty, it is important
to consider the ethical implications of potential discrimination and bias in capital punishment.
Even if the system were perfect in application, if it disproportionately affects certain groups—
such as racial minorities or the economically disadvantaged—it becomes morally
indefensible20. Ethical theories of fairness and equality hold that punishment should be meted
out impartially, without bias.

Thus, the ethical considerations of the death penalty revolve around profound questions about
human dignity, justice, and the role of the state in administering punishment. Whether one
views capital punishment as a justified retributive measure or as an ethically indefensible act
of state violence, the debate underscores the complexity of balancing the demands for justice
with respect for human life. Ultimately, ethical considerations challenge the moral foundation
of the death penalty in ways that go beyond legal frameworks and societal consequences, urging
us to consider the intrinsic values of life, fairness, and the potential for redemption.

Societal Impact

The death penalty, as a form of capital punishment, extends its influence beyond legal
frameworks and ethical debates, deeply shaping society in several significant ways. While its
ethical and legal standing continues to evolve, understanding its broader societal effects helps

20
‘Death Penalty Disproportionately Affects the Poor, UN Rights Experts Warn | OHCHR’
<https://www.ohchr.org/en/press-releases/2017/10/death-penalty-disproportionately-affects-poor-un-
rightsexperts-warn> accessed 13 November 2024.

14
illuminate how this form of punishment alters the fabric of communities, affecting collective
consciousness, perceptions of justice, and trust in institutions.

Influence on Public Perception of Justice

The death penalty serves as a powerful symbol in the public imagination. In societies where it
is enforced, it often reflects and reinforces the notion of "retributive justice" 21 — the idea that
severe crimes deserve equally severe punishments. This perception shapes how communities
view the balance between crime and punishment, influencing public confidence in the justice
system. For many, capital punishment represents the ultimate deterrent, projecting an image of
justice that is both resolute and uncompromising. .

Economic Impact on Society

The financial burden associated with implementing the death penalty is another key factor in
its societal impact. Contrary to popular belief, administering capital punishment is often more
expensive than life imprisonment due to the lengthy legal processes, appeals, and specialized
procedures required to uphold a death sentence. These costs divert public funds that could
otherwise be allocated to education, healthcare, or rehabilitation programs, which might have
a more profound impact on reducing crime in the long term22.

Impact on Cultural Values and Human Dignity

On a cultural level, the existence of the death penalty can influence societal views on the value
of human life and dignity. Societies that uphold the death penalty may cultivate a culture that
normalizes state-sanctioned killing, potentially desensitizing individuals to violence and
undermining broader values of forgiveness and rehabilitation. The way society views human
life is subtly but significantly shaped by such practices, which can have longterm implications
for interpersonal relationships.

21
‘Arguments for and Against the Death Penalty’ (Death Penalty Information Center)
<https://deathpenaltyinfo.org/curriculum/high-school/about-the-death-penalty/arguments-for-and-against-
thedeath-penalty> accessed 13 November 2024.
22
Santa Clara University, ‘Capital Punishment:Our Duty or Our Doom?’
<https://www.scu.edu/ethics/focusareas/more-focus-areas/resources/capital-punishment-our-duty-or-our-doom/>
accessed 13 November 2024.

15
Psychological Impact on Inmates and Families

The psychological toll of capital punishment extends beyond the convicted individuals to their
families and communities. Inmates on death row experience prolonged periods of uncertainty,
anxiety, and despair as they await execution 23. This state of limbo can lead to severe mental
health issues, including depression and suicidal tendencies. Furthermore, families of those
executed often face stigma and emotional trauma resulting from their loved one's death. The
ethical implications here revolve around the suffering inflicted not only on those directly
involved but also on their families, raising questions about whether such suffering can ever be
justified in pursuit of justice.

INTERNATIONAL PERSPECTIVES AND COMPARISONS

The death penalty, or capital punishment, remains a controversial and divisive issue globally.
Countries across the world adopt differing stances on its use, reflecting variations in cultural
values, legal principles, and historical context. Globally, there is a significant divide between
abolitionist and retentionist countries. As of 2024, over 140 countries have either abolished the
death penalty or stopped using it in practice 24. These include European nations, many South
American countries, and a growing number of African states. The European Union, for
instance, strictly prohibits the death penalty, viewing it as a violation of human dignity.

Conversely, retentionist countries, that continue to enforce the death penalty, include the United
States, China, Iran, Saudi Arabia, and several others. These countries often justify the use of
capital punishment as a necessary deterrent against severe crimes. However, within this group,
the frequency of executions varies widely. While China reportedly executes thousands of
people annually, the U.S. has seen a decline in both executions and death sentences in recent
years due to increasing legal challenges and shifting public opinion.

23
‘Death Penalty Issues - The Advocates for Human Rights’
<https://www.theadvocatesforhumanrights.org/Death_Penalty/Issues> accessed 13 November 2024.
24
Kanchan Dwivedi, ‘ABOLITION OF DEATH PENALTY’ [2017] International Education and Research
Journal <https://www.semanticscholar.org/paper/ABOLITION-OF-DEATH-PENALTY-
Dwivedi/aa4a354301a76d5932ae9dad1feadb1023abda71> accessed 13 November 2024.

16
Methods of Execution

Different countries employ various methods of execution, reflecting cultural norms,

technological capabilities, and legal stipulations. Below are some commonly used methods:

1. Lethal Injection: The most widely used method of execution in countries like the United
States, lethal injection involves administering a series of drugs to induce
unconsciousness, paralysis, and then death. While it is considered more humane
compared to other methods, it has faced criticism due to botched executions.

2. Hanging: Hanging remains a prevalent method in countries like Japan, India, and some
Middle Eastern nations. It is seen as a traditional form of execution, though the
procedure can be gruesome if not properly carried out, leading to prolonged suffering.

3. Firing Squad: Some countries, such as Indonesia and Belarus, still employ the firing
squad, where the condemned is shot by a group of marksmen. It is often reserved for
military personnel.

4. Beheading: Saudi Arabia continues to use public beheadings as a form of execution,

especially for crimes such as murder and drug trafficking. This method has been widely
condemned by human rights organizations for its brutality 25.

5. Electrocution: While now rare, electrocution was once a common method in the United
States. The electric chair is still an option in some states 26.

Human Rights and Legal Concerns

International human rights organizations like Amnesty International and Human Rights Watch
have been vocal in their opposition to the death penalty, citing its irreversible nature and the
potential for judicial errors. Furthermore, international legal bodies like the United Nations
have consistently called for a global moratorium on the death penalty, urging countries to move

25
‘How Many Countries Still Have the Death Penalty, and How Many People Are Executed?’
<https://www.bbc.com/news/world-45835584> accessed 13 November 2024.
26
‘International and American Methods of Execution - Death Penalty Statistics’
<https://deathpenalty.procon.org/international-and-american-methods-of-execution/> accessed 4 October 2024. 28
‘India Refuses to Abolish Death Penalty – DW – 03/09/2023’ <https://www.dw.com/en/india-refuses-toabolish-
death-penalty/a-64934705> accessed 13 November 2024.

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towards abolition. Many countries have heeded this call, while others, particularly those facing
political or religious pressures, continue to retain capital punishment.

Contemporary debates and reforms

The debate surrounding the death penalty in India has intensified in recent years, marked by
significant legal, social, and political developments. This complex issue raises questions about
justice, human rights, and the efficacy of capital punishment as a deterrent to crime. India
retains the death penalty for heinous crimes such as murder, terrorism, and child sexual
violence. However, the application of this punishment has come under scrutiny due to systemic
issues within the judicial process. A notable trend is the high rate of acquittals among death
row inmates; in 2023, approximately 55% of those sentenced to death were acquitted by the
Supreme Court, highlighting serious flaws in how capital cases are prosecuted and
adjudicated28. The Supreme Court's acknowledgment of these systemic failures indicates a
growing recognition that reforms are necessary to ensure fair sentencing practices.

Calls for Reform

The Law Commission of India has been a vocal advocate for reforming or abolishing the death
penalty. In its 262nd report published in 2015, it recommended abolishing capital punishment
except in cases related to terrorism and national security 27. The Commission argued that the
death penalty does not serve as an effective deterrent and is often applied arbitrarily. Also, the
Law Commission in its 187th report suggested changing section 354(5) of CrPC to allow for
lethal injection28.

27
‘Abolition, Retention and Capital Punishment in Twentieth-Century India | Oxford Law Blogs’ (22 April 2024)
<https://blogs.law.ox.ac.uk/death-penalty-research-unit-blog/blog-post/2024/04/abolition-retention-andcapital-
punishment> accessed 13 November 2024.
28
‘Hanging, or Something Else as Death Penalty? Before Supreme Court, a Case around the Mode of Capital
Punishment | Explained News - The Indian Express’
<https://indianexpress.com/article/explained/explainedlaw/debate-over-mode-of-capital-punishment-explained-
8510590/> accessed 13 November 2024. 31 31 ‘India Refuses to Abolish Death Penalty – DW – 03/09/2023’ (n
28).

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.Despite these recommendations, public sentiment remains divided. Many citizens support the
death penalty as a necessary measure for maintaining law and order, particularly in response to
high-profile crimes that evoke public outrage. This popular support has led to an increase in
capital offenses legislated by the government, reflecting a political climate that favors punitive
measures over rehabilitative justice.

Judicial Developments and Challenges

The Supreme Court has attempted to address inconsistencies in sentencing through landmark
rulings that emphasize a "rarest of rare" doctrine. This principle mandates that death sentences
should only be imposed in exceptional cases where the convict is deemed beyond reform.
However, research indicates that many trials fail to adequately consider mitigating factors
related to the convict's background and circumstances—66.7% of trials did not take these
factors into account from 2018 to 202031. In response to these challenges, the Supreme Court
established a Constitution Bench in 2022 to review and potentially reform death penalty
sentencing guidelines. Yet, lower courts continue to impose capital punishment at alarming
rates, with 165 death sentences recorded in a single year—the highest number in over two
decades. In an effort to carry out the death penalty in a more honorable manner, lawyer Rishi
Malhotra filed a PIL in 2017. He made the case that a prisoner whose life must end due to their
punishment shouldn't have to endure the agony of hanging. In response, the government
claimed that hanging was the only "viable" way to carry out a death warrant in an affidavit it
filed in 2018.

The ongoing debate reflects broader societal attitudes towards justice and punishment in India.
Advocates for abolition argue that capital punishment undermines the principles of
rehabilitation and restorative justice, while opponents contend it is essential for deterring
serious crime. The intertwining of political rhetoric with public sentiment complicates efforts
for reform; politicians often leverage calls for harsher penalties as a means of demonstrating
their commitment to public safety. The future of the death penalty in India remains uncertain
amid rising calls for reform and persistent societal support for capital punishment. As debates
continue, it is clear that any meaningful change will require addressing both judicial practices
and public perceptions surrounding justice and punishment.

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CONCLUSION

An examination of capital punishment in India reveals a complex intersection of legal

frameworks, ethical considerations, and societal impact. The legal basis for the death penalty,
grounded in the "rarest of rare" doctrine, offers a degree of judicial discretion but also highlights
the inconsistencies in its application. While proponents argue that capital punishment serves as
a deterrent and retributive justice, especially in cases of heinous crimes, critics raise serious
concerns about its effectiveness, fairness, and the potential for wrongful convictions. Ethically,
the death penalty poses a fundamental challenge to the right to life, enshrined in the Indian
Constitution. The irreversible nature of capital punishment magnifies concerns about human
rights violations, particularly in a system where legal representation for marginalized
individuals is often inadequate. The risk of arbitrariness and discrimination further exacerbates
these ethical dilemmas. Societally, while the death penalty may provide a sense of justice for
victims and their families, it also sparks broader debates about the role of the state in
administering death as punishment. India, in retaining capital punishment, diverges from global
trends toward abolition, despite increasing international pressure.

As India navigates the evolving landscape of human rights and justice, the future of capital
punishment remains uncertain. Continued judicial reforms, public discourse, and international
influence will shape whether the nation upholds or eventually abolishes the death penalty in its
pursuit of justice.

BIBLIOGRAPHY

Books

• The Death Penalty: Perspectives from India and Beyond by Sanjeev P. Sahni, and
Mohita Junnarka
• Capital Punishment in India: A Complex Issue by Dr. Sangeeta Thakur
• Crime and Justice in India by N. Prabha Unnithan
• Abolishing the Death Penalty: Why India Should Say No to Capital Punishment, by
Gopalkrishna Gandhi

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Websites

• https://www.semanticscholar.org/paper/EXERCISING-THE-PARDONING-
POWER-AND-ROLE-OF-IN-INDIA-
Saini/f4514abddf294031cf5b6ee6212959a2ec2d4bec
• https://www.pudr.org/press-statements/review-death-penalty-punishments-inbhartiya-
nyaya-sanhita-2023/
• https://fastercapital.com/content/Capital-Punishment--Capital-PunishmentDebate-and-
Its-Ethical-and-Legal-Implications.html
• https://www.amnesty.org/en/what-we-do/death-penalty/
• https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/CAPITAL_P
UNISHMENT_IN_INDIA.pdf
• https://www.ohchr.org/en/topic/death-penalty
• https://icomdp.org/why-the-death-penalty-should-be-abolished/
• https://indianexpress.com/article/explained/explained-law/debate-over-mode-
ofcapital-punishment-explained-8510590/

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