1 minSocial Issue
Social Issue

Death Penalty

What is Death Penalty?

The Death Penalty, also known as capital punishment, is the most severe form of punishment, authorized by a court of law, where a person is put to death for committing a heinous crime.

Historical Background

Historically prevalent in many societies, its use has declined globally. India retains the death penalty for the 'rarest of rare' cases as per the Bachchan Singh v. State of Punjab (1980) case.

Key Points

9 points
  • 1.

    Awarded for 'rarest of rare' cases as defined by the Supreme Court.

  • 2.

    Requires confirmation by the High Court.

  • 3.

    The convict has the right to appeal to the Supreme Court.

  • 4.

    The convict can file a mercy petition to the President of India under Article 72 and to the Governor of the State under Article 161.

  • 5.

    Debate on its effectiveness as a deterrent.

  • 6.

    Concerns about its irreversible nature in case of wrongful conviction.

  • 7.

    Arguments based on human rights and the right to life.

  • 8.

    India's stance is that it is a necessary evil for heinous crimes.

  • 9.

    Alternative punishments include life imprisonment.

Visual Insights

Death Penalty in India: Key Aspects

A mind map illustrating the key aspects of the death penalty in India, including legal framework, constitutional provisions, and related concerns.

Death Penalty

  • Legal Framework
  • Constitutional Provisions
  • Judicial Review
  • Ethical Concerns

Evolution of Death Penalty Jurisprudence in India

A timeline illustrating the key milestones in the evolution of death penalty jurisprudence in India, including landmark judgments and legislative developments.

The death penalty in India has been subject to ongoing debate and judicial scrutiny. The Supreme Court has consistently emphasized the 'rarest of rare' doctrine, but concerns remain about its application and the risk of executing innocent people.

  • 2015Supreme Court guidelines on mitigating circumstances in death penalty cases.
  • 2018Law Commission of India recommends abolishing the death penalty except in cases of terrorism.
  • 2020Supreme Court emphasizes the need for individualized sentencing in death penalty cases.
  • 2023Parliament debates on potential reforms to the death penalty sentencing process.
  • 2025High acquittal rate of death row prisoners raises concerns over trial convictions.
  • 2026Study reveals 574 people on death row, the largest number since 2016.

Recent Developments

5 developments

Increasing global trend towards abolition of the death penalty.

Debate on whether it violates fundamental human rights.

Focus on reforming the criminal justice system to prevent wrongful convictions.

Supreme Court's emphasis on ensuring fair trial and due process in death penalty cases.

Cases involving terrorism often lead to calls for the death penalty.

Source Topic

Death Penalty: High Acquittal Rate Raises Concerns Over Trial Convictions

Polity & Governance

UPSC Relevance

Important for UPSC GS Paper 2 (Polity and Governance) and GS Paper 3 (Internal Security). Understanding the death penalty is essential for understanding the criminal justice system, human rights, and the role of the judiciary.

Death Penalty in India: Key Aspects

A mind map illustrating the key aspects of the death penalty in India, including legal framework, constitutional provisions, and related concerns.

Death Penalty

CrPC Procedures

IPC Provisions

Article 21 (Right to Life)

Article 72 (Presidential Pardon)

High Court Confirmation

Supreme Court Appeals

Risk of Executing Innocents

Debate on Deterrence

Connections
Death PenaltyLegal Framework
Death PenaltyConstitutional Provisions
Death PenaltyJudicial Review
Death PenaltyEthical Concerns

Evolution of Death Penalty Jurisprudence in India

A timeline illustrating the key milestones in the evolution of death penalty jurisprudence in India, including landmark judgments and legislative developments.

2015

Supreme Court guidelines on mitigating circumstances in death penalty cases.

2018

Law Commission of India recommends abolishing the death penalty except in cases of terrorism.

2020

Supreme Court emphasizes the need for individualized sentencing in death penalty cases.

2023

Parliament debates on potential reforms to the death penalty sentencing process.

2025

High acquittal rate of death row prisoners raises concerns over trial convictions.

2026

Study reveals 574 people on death row, the largest number since 2016.

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