THE VALIDITY OF DEATH PENALTY AS A PUNISHMENT IN THE WAKE OF THE CRIMINAL LAW (AMENDENT) ACT, 2018
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DOI:
https://doi.org/10.55662/APLPR.2019.510Keywords:
CRIMINAL LAW, DEATH PENALTY, RETRIBUTIONAbstract
The Criminal Law (Amendment) Act of 2018 inserted Section 376AB and Section 376BD in the Indian Penal Code (hereinafter referred to as the Penal Code) 1 which provides for death as a punishment for committing the act of rape on a minor girl below the age of 12. THE IDEA OF PUISHMENT IS REFORMATION AND NOT RETRIBUTION The punishment of death is not justified in the offence of rape, on minor girls below the age of 12, as such application of death penalty in India is contentious, the discretion of the judges is arbitrary in nature and further, criminal jurisprudence supports reforming the criminals. APPLICATION OF DEATH PENALTY IN INDIA IS CONTENTIOUS.
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