CONSTITUTIONAL VALIDITY OF DEATH PENALTY IN INDIA: A LEGAL STUDY

Abstract

Punishment etymologically derives its origin from the Greek term meaning to cleanse. The purpose of inflicting punishment upon an individual was initially retribution or private vengeance. But with the passage of time, the objective shifted from retribution to deterrence and then finally to rehabilitation. In order to be effective, punishment should be such which creates deterrence in the mind of the offender as well as other members of the society and at the same time also opens new avenues of rehabilitation of victims as well as offenders who are involved in a crime. In India, the law which provides for punishments for almost all the crimes is Indian Penal Code, of 1860. It provides for various forms of punishments ranging from the Death penalty to fines and compensations. Debates have been going on for decades now regarding the efficacy of these punishments as the rate of crime committed in India is rising day by day despite these punishments. Capital Punishment as a form of punishment has always been a point of contention amongst the legal intelligentsia. Objections as to its efficacy as well as the constitutional validity of its mode of execution have always been the main point of discussion in India as well as across the globe. This paper is an attempt by the researchers to analyse the efficacy of the Death Penalty as a form of punishment and the Constitutional Validity of Hanging as a mode of its execution.