EFFECTIVENESS OF CAPITAL PUNISHMENT IN DETERRING CRIMES: A LEGAL ANALYSIS
DOI:
https://doi.org/10.59436/10.59436/jsiane340Keywords:
Capital Punishment, Death Penalty.Abstract
Penal law is an essential part of the justice system of most countries of the world, which has been evolving from ancient times to the present. There is a provision for punishment under various types of punishments, in which death penalty is seen as the harshest and final punishment. There are different opinions on the legality of death penalty at the global level - some countries retain it in the justice system, while many nations are moving towards abolishing this harsh punishment completely. In India too, the legality of death penalty has been challenged in the Supreme Court from time to time. It is a matter of consideration whether death penalty plays a role in preventing crime or not. Also, it is also worth considering to what extent this punishment and to what extent crime should be limited. In this article, all these principles - decisions of the Indian Supreme Court, communities of different countries, human rights and community principles - have been deeply analyzed.
References
I. A strong action taken in order to make people obey law or rule, or a punishment given when they do not obey; https://dictionary.cambridge.org/dictionary/english/sanction
II. It is to be clarified here that the Indian Penal Code, 1960 has been replaced by the Bhartiya Nyaya Sanhita, 2023 by the Central Legislature, the enforcement of which is still pending.
III. https://www.mha.gov.in/sites/default/files/CSdivTheCriminalLawAct_14082018_0.pdf
IV. https://www.mha.gov.in/sites/default/files/CSdivTheCriminalLawAct_14082018_0.pdf
V. This list (serial no. 1 to 21) has been taken from pages 29 and 30 of the 262nd Report of the Law Commission.
VI. https://legislative.gov.in/sites/default/files/H201630_0.pdf
VII. AIR, 1973, S.C.,947
VIII. AIR, 1979, S.C.,916
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XII. Shatrughn chauhan V. Union of India (2014) 1 S.C.R. 609
XIII. Union of India V. V sriharan @ Murgun (2015) 14 S.C.R. 613
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