Capital Punishment and its Constitutional Validity

JEENA KALRA

doi:10.36948/ijfmr.2025.v07i06.64042

Capital Punishment and its Constitutional Validity

Author(s)	Ms. JEENA KALRA
Country	India
Abstract	Capital punishment, or the death penalty, is a highly debated issue worldwide, raising questions about morality, ethics, and its consistency with constitutional values. The justice of the death sentence, its effect on human rights, and its compliance with constitutional protections are the main topics of dispute in India. This article looks at the death penalty's constitutional legitimacy in India, a country where it is still an accepted form of punishment. By analyzing constitutional principles, significant judicial rulings, and shifting societal norms, it evaluates whether capital punishment aligns with fundamental rights and due process. The death penalty has always been a topic of intense controversy. This paper critically examines the death penalty's legitimacy in view of India's newly proposed Bharatiya Nyaya Sanhita (BNS, 2023), which aims to take the place of The Indian Penal Code (1860 IPC). Opinions regarding constitutional legitimacy of the death sentence vary widely. This article looks to explore the historical context of capital punishment and analyze its constitutionality within the Indian legal framework. To fully understand the polarized views surrounding this issue, it is crucial to examine key judicial rulings that have shaped the legal discourse and established significant precedents. Key judicial rulings have established a continuous and interconnected framework that helps develop a comprehensive understanding of capital punishment. The debates between abolitionists and retentionists offer valuable perspectives, guiding the search for a reasoned and rational resolution to the issue. The contrast between India's stance and the global approach to the death penalty prompts reconsideration of whether it should be abolished. It is crucial to recognize that humans require both reformation and punishment, depending on the nature of the offense, and punishment should be determined after carefully evaluating all aspects of the crime. This paper aims to provide a thorough analysis of facts, reports, and legal precedents to foster a well-rounded and clear understanding of the concept of capital punishment.
Keywords	death penalty, punishment, constitutionality, reformative justice, international scenario, Proportionality of Punishment
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-12-20
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.64042

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Capital Punishment and its Constitutional Validity

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