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RETHINKING THE NEED FOR CAPITAL PUNISHMENT IN INDIA

By Ira Kumar

Be it the 26/11 attacks or the Nirbhaya case, such heinous incidents continue to shock us to our cores. It often makes us question if ‘capital punishment’ for such heinous crimes have not been deterrent enough. The growing trend towards the abolishing of death sentence makes us question the viability of it as a solution in the Indian criminal justice system.
This paper seeks to analyse the effectiveness of capital punishment as a deterrent measure in India. It looks into the evolution of death penalty, the international provisions prescribing the scope of death penalty before coming to the evolution of death penalty in India. This paper through the help of case laws seeks to trace the evolution of death penalty and the purpose behind it. It further questions the effectiveness of death penalty in today’s era by looking into the questions of deterrence and the application of humanitarian principles to it. It seeks to conclude that there is a need for a shift towards another approach for the sustainable growth of the Indian criminal justice system.

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©2020- Lex Humanitariae: Journal for a Change

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