ABSTRACT
The death penalty remains as one of the most debated legal and ethical issues worldwide. In India, capital punishment is applied in the “rarest of rare” cases, yet public opinion on its necessity and effectiveness remains divided. This research paper examines the socio-legal aspects of the death penalty by analysing public perception in India through an empirical survey. Additionally, it provides a comparative analysis of global trends, highlighting how different countries approach capital punishment. The research explores whether the death penalty serves as a deterrent, its impact on justice, and the concerns regarding wrongful convictions. By integrating public opinion with legal frameworks, this study aims to contribute to the discourse on whether India should retain, reform, or abolish capital punishment.
KEYWORDS: Death Penalty, Capital Punishment, Public Perception, Wrongful Convictions, Socio-Legal Analysis.
- INTRODUCTION–
“The death penalty is a dreadful thing, but it is less dreadful than the crime itself.”
-Jawaharlal Nehru
The moment we hear the word death penalty, the first thing we imagine is someone who committed a crime hanging from a noose in a dimly lit prison cell. It is common for us to imagine it that way because that is how the movies, media, newspaper report project capital punishment. Beyond this image lies a complex legal ethical debate. This topic raises many questions like: whether the death penalty serves as a true deterrent? whether it delivers justice or revenge? and how it aligns with the evolving human rights standards In India, capital punishment is legal and is allowed only in the ‘rarest of rare’ cases, yet people have different views on whether it is fair and necessary.
Death penalty can be simply referred to in a simple sense, where the life of a person is taken by the State by following the due procedure of law for the grave offence, which the person has committed. But this death penalty is not new to this contemporary world, where it got its existence from ancient time, which stands to be immortal. It was practiced in all centuries of human society. This 21st century has made something special , where it openly confesses that time has come for abolishment of the death penalty, by making up satisfactory opinions and arguments and posing certain conditions on which the death penalty should be imposed.[1]
Supporters say that capital punishment prevents violent crimes and offers justice for victims, while critics point to human rights issues, wrongful convictions, and biases in its execution. Globally, many countries have outlawed the death sentence, while others continue to use it under tight restrictions. This research includes public opinion on the death penalty in India through a survey-based empirical study and provides a comparative legal analysis with other nations.
[1]S.R Muralivasan and S T. Manasaa, Death Penalty in India: An Overall View, 2 (1), IJLSI, 1, 2019.