DEATH PENALTY: A MORAL AND LEGAL DEBATE

AUTHORS- ANSHUMAN BHADAURIYA* & & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – ANSHUMAN BHADAURIYA & & DR. ARVIND KUMAR SINGH, DEATH PENALTY: A MORAL AND LEGAL DEBATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 08-13, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The capital punishment is also known as death penalty. It is one of the most severe punishment. It is a execution method and it is awarded in the rarest of the rare cases or heinous crimes. The Bhartiya nayee sanhita prescribes capital punishment for the following crimes like Rape, murder dacoity with murder, kidnapping waging war etc.

In this research paper I would examine the morality and legality of death penalty. Some advocates that death penalty deters the crime and set an example for the society and creates terror in the mind of people which abstain them for committing the crime.

On the other hand some says it is a violation of human rights and giving death penalty is morally impressible and it is inherently cruel and barbaric in nature and it also risk the life of an innocent. some institutions like Amnesty international opposes death penalty in all the cases without an exception . it holds that death penalty breaches human rights

Theories of punishment like retributive and deterrent theory supports capital punishment retributive theory is based upon the concept of Eye for an Eye ie Tit for Tat it says that the accused should suffer the same amount of pain that victim suffered.

Deterrent theory says the punishment is so cruel that it sets an example for the society and also it creates fear in the like minded people which abstain them to committing crime

KEYWORDS   Capital punishment, Death penalty, Retribution