Abstract
The death penalty, also known as capital punishment, is the highest form of punishment given by the state for very serious crimes such as murder, terrorism, or crimes against the nation. It means legally putting a person to death after a proper trial in a court of law. The issue of the death penalty is one of the most debated topics in criminal law across the world. Some countries have abolished it, while others still continue to use it. Supporters of the death penalty believe that it serves as a strong punishment for the most serious crimes. They argue that it provides justice to victims and their families and acts as a deterrent to prevent others from committing similar crimes. According to this view, when a person commits a heinous offence, especially intentional murder, the punishment should be equal to the seriousness of the crime. In India, the Supreme Court in Bachan Singh v. State of Punjab introduced the “rarest of rare” doctrine, which means that the death penalty can be given only in exceptional cases where life imprisonment is not sufficient. On the other hand, opponents argue that the death penalty is inhuman and violates the right to life. They point out the risk of wrongful convictions, where an innocent person may be sentenced to death due to errors in investigation or judgment. Unlike other punishments, a death sentence cannot be reversed once carried out. Critics also question whether the death penalty truly reduces crime, as studies show mixed results. Many human rights organizations like Amnesty International strongly oppose capital punishment and advocate for its abolition worldwide. In India, the constitutional validity of the death penalty was upheld in Jagmohan Singh v. State of Uttar Pradesh, but the courts have emphasized that it must be awarded with great caution. The debate continues between the need for justice and the protection of human rights.
Citations
IRE Journals:
Prasant Kumar, Dr. Roshni Shrivastava "Death Penalty" Iconic Research And Engineering Journals Volume 9 Issue 9 2026 Page 3147-3152 https://doi.org/10.64388/IREV9I9-1715794
IEEE:
Prasant Kumar, Dr. Roshni Shrivastava
"Death Penalty" Iconic Research And Engineering Journals, 9(9) https://doi.org/10.64388/IREV9I9-1715794
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IRE Journals is an open access online journals established with an aim to publish high quality of research work in various diciplines. We have more than 6 years in publications. Over 2500+ papers already published.
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