The death penalty, also known as capital punishment, refers to the legal execution of an individual by the state as punishment for committing a serious crime. It is the highest and most extreme form of punishment awarded for heinous offences, such as murder, terrorism, or crimes against the state.
The death penalty serves two primary purposes: deterrence, by instilling fear to discourage others from committing similar crimes, and retribution, ensuring justice for victims by proportionately punishing the offender. In India, the death penalty is awarded under the “rarest of rare doctrine“, as established by the Supreme Court, ensuring it is imposed only in exceptional circumstances where alternative punishments like life imprisonment are deemed insufficient.
Constitutional validity
The constitutional validity of capital punishment has often been challenged. While India has a low rate of execution, unlike other countries such as Saudi Arabia, which is known for its high execution rate, the courts remain hesitant in abolishing it completely. Yet, the Supreme Court of India, while upholding the constitutional validity of capital punishment, has guided the trial courts to consider mitigating circumstances which would lead to a lenient form of punishment (Poddar, 2022). The Supreme Court also reiterated, in its judgement, that the death penalty cannot be awarded on the grounds of “public opinion” and that a fair trial is the primary prerequisite for any form of punishment. However, the court has upheld the constitutional validity of the death penalty in landmark cases such as Jagmohan Singh V. State of UP, where the court rejected the argument that it violates the fundamental right to life. Yet, the opinions have not been consistent. In Rajendra Prasad V State of U.P, Justice Krishna Iyer stressed that the death penalty was, in fact, violative of articles 14, 19 and 21 and must only be imposed in extraordinary circumstances. This opinion also resonated in the overruling judgement of Bachan Singh V. State of Punjab, where a five-judge bench gave ‘rarest of rare cases’ doctrines. The court overruled the Rajendra Prasad judgement, upholding the constitutional validity of the death penalty. In more recent times, the court’s opinion on the death penalty is reflected in judgements such as Manoj Pratap Singh V. State of Rajasthan, where the court upheld the death sentence awarded to the accused for the rape and murder of a minor girl with disabilities. The court opined that “It has never been the effort of the Courts to somehow make the death penalty redundant and non-existent for all practical purposes.”
Recent Judgements and Notable Cases on Capital Punishment
Mukesh & Anr. vs. State for NCT of Delhi (Nirbhaya Case, 2020)
• Facts: A brutal gang rape and murder case that shocked the nation.
• Court’s Decision: Death penalty upheld for all 4 convicts due to the heinous nature of the crime. Justice R. Banumathi emphasised that aggravating factors outweighed mitigating circumstances.
Mohammed Ajmal Kasab vs. State of Maharashtra (2012)
• Facts: Involvement in the 26/11 Mumbai terrorist attacks.
• Court’s Decision: Kasab was found guilty of waging war against India and mass murders. The Supreme Court ensured a fair trial and awarded the death penalty.
Alternatives to Death Penalty
Life Imprisonment Without Parole: Ensures that criminals remain in prison for life without the possibility of release.
Solitary Confinement: Acts as a deterrent while allowing offenders to reflect and reform.
Rehabilitative Programs: Focus on reforming offenders rather than retribution.
Conclusion
The debate over the death penalty is not simply legal- it is deeply moral, ethical, and philosophical. India must critically evaluate whether the Death Penalty serves Justice or merely perpetuates a cycle of violence. While it may remain on the books for the most exceptional cases, a humane and equitable legal system must strive for justice beyond retribution.
CONTRIBUTED BY- SHIKHA