DEATH PENALTY IN INDIA

A SYNOPSIS SUBMITTED TO GURU GOBIND SINGH INDRAPRASTHA UNIVERTY,

DELHI IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF
BACHELOR OF LAWS

By

AADISH JAIN

ENROLLMENT NO. - 00114703820

SCHOOL OF LAW

MAHARAJA AGRASEN INSTITUTE OF MANAGEMENT STUDIES

BATCH 2020-2025

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 TABLE OF CONTENTS

SYNOPSIS

S.NO. CONTENTS PAGE NO.

1. INTRODUCTION 3-4

2. LITERATURE REVIEW 4-6

3. STATEMENT OF PROBLEM 7

4. RESEARCH OBJECTIVE 7

5. RESEARCH QUESTIONS 8-9

6. HYPOTHESIS 9

7. RESEARCH METHODOLOGY 9

8. CHAPTERIZATION 10

9. REFERENCES 10

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 INTRODUCTION

“Crime is a pervasive issue in society, appearing in every community. It is not

something that should be accepted or tolerated. Instead, society has a responsibility
to combat it. Criminality is not an innate quality but develops due to various
factors such as flaws in education, upbringing, or exposure to negative influences
like inequality, discrimination, and unfavorable social conditions. Some
individuals may commit crimes out of necessity for survival, while others may do
so for personal satisfaction or thrill.

Punishment plays a key role in maintaining social order and justice. Various forms
of punishment, such as fines, imprisonment, property forfeiture, and the death
penalty, are used to hold offenders accountable. Each form of punishment must be
proportionate to the crime committed. The death penalty, in particular, is presented
as an effective deterrent for severe crimes, especially murder, and serves to bring
justice to both criminals and victims. It is argued that fear of death can prevent
individuals from engaging in dangerous or violent acts.

While punishing offenders is crucial, the justice system must also focus on
reforming criminals, turning them into law-abiding citizens. The distinction
between killing in self-defense and unlawful murder is highlighted, emphasizing
that the death penalty is applied for the latter.

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To ensure public safety and uphold justice, it is essential that punishments are
administered fairly and appropriately, especially for serious crimes. The death
penalty, if applied justly, helps maintain justice and deter future offenses, ensuring
societal protection.

LITERATURE REVIEW

Literature Review of the Death Penalty in India

1. Death Penalty in India: A Critical Study by Anup Surendranath

In Death Penalty in India: A Critical Study (2016), Anup Surendranath and his
team offer a comprehensive analysis of how the death penalty is implemented in
India. Based on extensive research conducted by the National Law University,
Delhi, the book highlights systemic biases in the Indian criminal justice system.
The study reveals that death sentences disproportionately affect individuals from
marginalized communities, often due to inadequate legal representation.
Surendranath critiques the "rarest of rare" doctrine introduced by the Supreme
Court in *Bachan Singh v. State of Punjab* (1980), noting the inconsistency in its
application and the frequent commutation of death sentences to life imprisonment.
The book underscores the arbitrariness and socio-economic discrimination inherent
in the death penalty system, advocating for its abolition on humanitarian grounds.

2. The Indian Penal Code by Ratanlal and Dhirajlal

In this landmark legal commentary, Ratanlal and Dhirajlal provide detailed

discussions of the Indian Penal Code (IPC) provisions regarding capital
punishment. The authors trace the historical evolution of the death penalty in India
and its codification under the IPC, which was introduced in 1860 during British

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colonial rule. Section 302 of the IPC, which prescribes the death penalty for
murder, is particularly examined. Ratanlal and Dhirajlal also reflect on the broader
philosophical justifications for capital punishment, exploring its deterrent effect, as
well as constitutional arguments surrounding Article 21 (the right to life). The
book is essential for understanding the statutory framework that sustains the death
penalty in India and highlights how judicial interpretations of "just punishment"
have shaped its usage.

3. Judicial Review of Death Penalty in India by B.B. Pande

B.B. Pande’s Judicial Review of Death Penalty in India (2010) delves into the
jurisprudence surrounding the death penalty, emphasizing the judiciary's role in
maintaining a balance between law enforcement and human rights. Pande evaluates
key Supreme Court judgments, such as *Bachan Singh* and *Machhi Singh v.
State of Punjab* (1983), which reinforced the "rarest of rare" standard for
imposing the death penalty. He critically analyzes how courts have interpreted this
doctrine, pointing to inconsistencies in its application. While Pande acknowledges
that the judiciary has played a pivotal role in limiting the scope of the death
penalty, he contends that judicial review has not been sufficient to eliminate
arbitrariness in sentencing. The book calls for greater judicial activism to safeguard
against wrongful executions and to move toward the abolition of capital
punishment.

4. Capital Punishment in India: A Perspective by Raj Kumar Sinha

Raj Kumar Sinha’s Capital Punishment in India: A Perspective (2007) offers a

historical and philosophical exploration of the death penalty, situating it within
broader criminal justice theories. Sinha discusses the utilitarian and retributive
justifications for capital punishment, considering its role in deterring serious

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crimes like terrorism and murder. He also examines the ethical dilemmas posed by
the death penalty, particularly in a diverse and unequal society like India. Sinha
provides an in-depth analysis of the socio-political factors influencing the
application of the death penalty, such as public opinion, political pressure, and
media sensationalism. The book explores high-profile cases, including the
execution of Dhananjoy Chatterjee and the 2012 Nirbhaya gang rape case, to
illustrate how public sentiment has shaped the discourse on capital punishment.
Sinha ultimately argues for a more principled and rational approach to criminal
justice that gradually phases out the death penalty.

5. The Death Penalty in India: Right to Life, Justice and Human Dignity by
Abhinav Chandrachud

In The Death Penalty in India: Right to Life, Justice and Human Dignity (2019),
Abhinav Chandrachud explores the death penalty through a human rights
framework, focusing on its conflict with the constitutional right to life under
Article 21. Chandrachud critiques the inconsistency and unpredictability of the
death penalty’s application, asserting that it often contradicts the principles of
justice and dignity. Drawing on international human rights standards, Chandrachud
argues that India is out of step with global trends toward abolition. He notes that
while India defends capital punishment in cases of terrorism and heinous crimes,
the practice remains fraught with the possibility of wrongful convictions and
judicial errors. Chandrachud’s work emphasizes the need for reform in both law
and practice, advocating for the eventual abolition of the death penalty as a step
toward a more humane justice system.

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 STATEMENT OF PROBLEM

The dissertation addresses the debate over the death penalty persists as a critical
issue in the justice system. While proponents argue it serves as an effective
deterrent for severe crimes such as murder, critics highlight the potential for
irreversible miscarriages of justice and its contradiction to fundamental human
rights. The challenge lies in balancing the need for societal protection and justice
with the ethical and legal implications of capital punishment. Furthermore,
inconsistencies in its application across jurisdictions raise concerns over fairness,
constitutionality, and the potential for discrimination in sentencing. This research
seeks to explore the complexities of the death penalty, examining its historical
evolution, effectiveness as a deterrent, and the moral and legal challenges
associated with its use.

RESEARCH OBJECTIVE

With this study, the author intends:

a) Examine the historical development of the death penalty, including its use across
various civilizations and its evolution over time.

b) Analyze the legal frameworks governing the death penalty, with a specific focus
on India, and explore how the constitutionality of capital punishment is debated
within the judiciary.

c) Investigate the different modes of execution used for capital punishment

globally, with an emphasis on methods utilized in India.

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d) Evaluate the role of religion in influencing perspectives and policies related to
the death penalty in various cultures and belief systems.

e) Assess the ethical considerations and human rights debates surrounding the
death penalty, particularly in relation to its deterrent effect and the possibility of
wrongful executions.

f) Compare international practices and trends in the abolition or retention of the

death penalty, with a focus on countries such as the United States, the United
Kingdom, and India

RESEARCH QUESTIONS

Following are the questions:

1. Historical Development:
How has the use of the death penalty evolved across different civilizations and
time periods?
2. Legal Frameworks:
What are the legal frameworks governing the death penalty in India, and how
does the Indian Constitution address its constitutionality?
3. Modes of Execution:
What are the various modes of execution used for capital punishment globally,
and how have these methods evolved in India?
4. Role of Religion:
How do different religious traditions influence perspectives on the death
penalty, and what role do religious beliefs play in shaping national policies?
5. Ethical Considerations:
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 What are the ethical arguments for and against the death penalty, and how do
these debates impact the legal and societal acceptance of capital punishment?
6. International Practices:
How do the death penalty practices in India compare with those in other
countries such as the United States and the United Kingdom, and what factors
contribute to the global trend towards abolition or retention?

HYPOTHESIS

The death penalty, as a form of capital punishment, is believed to act as a

significant deterrent against severe crimes such as murder. However, its
effectiveness is contingent on its careful application within a fair judicial system to
minimize errors and uphold constitutional rights, ensuring that only the guilty face
this irreversible punishment.

RESEARCH METHODOLOGY

In order to satisfy the objectives of this dissertation, the study uses the Doctrinal
approach to research, which will also use various Indian and foreign judicial
pronouncements, and statistical data provided by the government.

CHAPTERIZATION

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Chapter I: Introduction

Chapter II: Conceptual and constitutional provisions

Chapter III: Death Penalty and Modes of Execution

Chapter IV: Death Penalty and Legislative Approach

Chapter V: Death Penalty and Judicial Activism

Chapter VI: Conclusions and Suggestions

REFERENCES:

 Article by Ernest Van den Haag “On Deterrence and the death penalty”
 http://en.wikipedia.org/wiki/capital punishment#history
 Indian Bar Review; Vol 29(1) 2;002, Jan-Mar, Capital punishment; Death
Sentence
 www.Deathpenaty.info.org
 Article 21, Indian Constitution

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