2025, Vol. 7, Issue 5, Part A

Author(s): Cinta Johnson and Mini Shrivastav

Abstract: This research explores the complex issue of capital punishment in India, focusing on its legal precedents, judicial evolution, human rights concerns, and alignment with international standards. The study delves into the jurisprudence surrounding the death penalty, particularly the interpretation of the "rarest of rare" doctrine, and examines landmark Supreme Court decisions that have shaped the application of capital punishment in India. It investigates the constitutional safeguards provided under Articles 14, 21, and 22 of the Indian Constitution, highlighting the intersection of capital punishment with human rights. Further, the study explores the role of clemency under Articles 72 and 161 and the procedural limitations that affect the death penalty process. A comparative legal analysis is conducted to assess India’s position in relation to global perspectives, especially drawing insights from abolitionist and retentionist countries. The research concludes by emphasizing the need for reform in India’s death penalty system, suggesting that the country must adopt a more transparent, humane, and rights-based approach to capital punishment, aligning with international human rights norms and practices.

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