Author: Rifan Mohideen. D, Student at Jindal Global Law School
ABSTRACT
Death Penalty or Capital Punishment is to be regarded as the most critical level of punishment granted in any society or democracy to maintain law and order. But taking away the life of another human being in the name of justice is nothing far from committing a murder. Lot of experts believe that the world as a society should focus primarily on eliminating the crime and not the criminal. The practice of death sentence is rigorously being practiced in China with over 1000 executions being carried out by the country whereas the land of India follows the “rarest of rare” doctrine in the implementation of capital punishment as a punishment and quite often we tend to see the sentence of death penalty in plethora of cases being commuted to life imprisonment. Though both China and India follow the same similarities in the procedure and law of capital punishment, the only difference is that once capital punishment is awarded in China, it cannot be overturn or revoke its decision. This research paper will try to shed some light on how Death Penalty functions in the State of India and what is the legal procedure which is carried out by the Indian executive behind such process. The paper will also try to discuss about the United Nations (UN) thought on death penalty being practiced universally and the strive by the UN to abolish death penalty for once and for all.
