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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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| Paper Title: | Death Penalty Jurisprudence in India: Balancing deterrence, Mercy and Human Rights |
| Authors Name: | Mr. Mukul |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_205985
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| Published Paper Id: | IJRTI2508160 |
| Published In: | Volume 10 Issue 8, August-2025 |
| DOI: | |
| Abstract: | The death penalty continues to occupy a highly debated position in Indian criminal jurisprudence. Its retention is justified by some as a deterrent against grave crimes, while critics question its compatibility with human rights and the constitutional value of dignity. The Indian Supreme Court, through its landmark judgment in Bachan Singh v. State of Punjab (1980), narrowed the scope of capital punishment by introducing the “rarest of rare” doctrine, ensuring that death penalty is imposed only when life imprisonment is deemed insufficient1. This principle was further elaborated in Machhi Singh v. State of Punjab (1983), where the Court laid down aggravating and mitigating circumstances to guide judicial discretion2. Yet, even with these safeguards, concerns remain about arbitrariness and unequal application of the law. Empirical studies show that those from marginalized socio-economic backgrounds are disproportionately affected, raising doubts about fairness and equality before law3. The power of executive clemency under Articles 72 and 161 of the Constitution provides a humanitarian safeguard, but delays in the disposal of mercy petitions have themselves been held to violate the fundamental right to life under Article 21, as observed in Shatrughan Chauhan v. Union of India (2014)4. India’s position also attracts international scrutiny. While global trends reveal a growing abolitionist movement, supported by instruments such as the International Covenant on Civil and Political Rights (ICCPR), India retains the death penalty for serious offences5. This creates a tension between the goals of deterrence, the exercise of mercy, and the obligations to uphold human rights. Thus, death penalty jurisprudence in India demonstrates a delicate balancing act— acknowledging society’s demand for justice and deterrence on one hand, while ensuring constitutional morality, fairness, and human dignity on the other6. The debate ultimately reflects the evolving struggle between retributive justice and a rights-based approach to punishment in a democratic society |
| Keywords: | death penalty in India, capital punishment, rarest of rare doctrine, deterrence, mercy petitions, executive clemency, Article 21, constitutional morality, human rights, retributive justice, proportionality in sentencing, judicial discretion, arbitrariness, socio-economic disparity |
| Cite Article: | "Death Penalty Jurisprudence in India: Balancing deterrence, Mercy and Human Rights", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 8, page no.b456-b459, August-2025, Available :http://www.ijrti.org/papers/IJRTI2508160.pdf |
| Downloads: | 000176 |
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2508160
Registration ID:205985
Published In: Volume 10 Issue 8, August-2025
DOI (Digital Object Identifier):
Page No: b456-b459 Country: SONIPAT, Haryana, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2508160 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2508160 |
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