“RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”
AUTHOR – SRI PRAGADHIRR T R, ACADEMICIAN/ADVOCATE, CENTRAL UNIVERSITY OF TAMIL NADU
BEST CITATION – SRI PRAGADHIRR T R, “RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 356-426, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RGPP1404
ABSTRACT
The replacement of the Indian Penal Code (1860) and the Code of Criminal Procedure (1973) with the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 marks a major shift in India’s criminal justice framework. A key change is the expansion of offences punishable by the death penalty from 12 to 16, raising serious concerns about the increased risk of wrongful executions. This concern is amplified by the 2019 amendment to the POCSO Act, which introduced harsher punishments for child sexual offences without adequately addressing the potential for tutored testimony from child witnesses.
These developments come amid systemic issues in the Indian Criminal Justice System, including procedural delays, lack of pre-trial safeguards, inadequate legal representation, and socio-economic disparities that disproportionately impact poor and marginalized individuals. Notably, people from disadvantaged backgrounds face higher sentencing rates and often lack access to effective legal remedies, making the death penalty a tool of class-based discrimination.
This study critically examines whether recent legal changes heighten the risk of unjustified executions and explores the influence of socio-economic status in capital sentencing. It also compares India’s stance with countries that have abolished or retained the death penalty, analysing differences in legal reasoning and safeguards. In light of the global trend toward abolition 112 countries by 2023 India’s retention of capital punishment calls for urgent re-evaluation. This research argues for a reconsideration of the death penalty in India through the lens of fairness, proportionality, and human rights.