A COMPARATIVE LEGAL ANALYSIS OF ABOLISHING VERSUS RETAINING THE DEATH PENALTY IN INDIA AND ENGLAND: EFFECTS ON JUSTICE AND HUMAN RIGHTS

AUTHOR – ANSHUMAAN TRIPATHI, STUDENT AT KARNAVATI UNIVERSITY

BEST CITATION – ANSHUMAAN TRIPATHI, A COMPARATIVE LEGAL ANALYSIS OF ABOLISHING VERSUS RETAINING THE DEATH PENALTY IN INDIA AND ENGLAND: EFFECTS ON JUSTICE AND HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 477-485, APIS – 3920 – 0001 & ISSN – 2583-2344

1.1 Evolution of Capital Punishment in Legal Systems

Ancient Legal Codes and Death Penalty Provisions

Capital punishment has existed as a legal institution for thousands of years, with early civilizations implementing death penalties for a wide range of offenses. The earliest recorded legal codes enshrining capital punishment include Hammurabi’s Code, the Draconian laws of ancient Greece, and Roman law.

Hammurabi’s Code (c. 1754 BCE)

One of the first known legal codes, Hammurabi’s Code, was inscribed on a stone stele in ancient Babylon. It is one of the earliest recorded examples of codified laws, heavily reliant on the principle of “lex talionis” or “an eye for an eye, a tooth for a tooth.” The code stipulated death as a penalty for offenses such as murder, robbery, adultery, and false accusations. Unlike modern legal systems, Hammurabi’s laws did not account for extenuating circumstances or intent, often enforcing severe punishments even for minor infractions.