CAPITAL PUNISHMENT: A CRITICAL STUDY

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  • Ishaan Tyagi 4th Year B.A.LL.B (H) Student, Amity Law School, Noida, India Author

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DOI:

https://doi.org/10.55662/

Abstract

“The death penalty is not about whether people deserve to die for the crimes they commit. The real question of capital punishment in any country is, do we deserve to kill?”

― B. Stevenson

Execution or Capital Punishment may be defined as ‘the punitive action for committing certain crimes, wherein the offender is put to death by the state’. It is the most extreme form of penalty which may be awarded in any society for the preservation of law and order and is based on the rationale that inflicting punishment on criminals shall effectively discourage others from committing such crimes. It is awarded for crimes which are detrimental to humankind.

Capital punishment is the most controversial penal practise debated highly all over the world. A common notion is that the focus of the law must not be on eliminating the criminal but on the elimination of the crime. The killing of an accused in order to serve justice is equivalent to murdering that being. The Indian Legal system has struggled with the constitutionality of such punishment and circumstances in which it may be awarded. Capital Punishment has retained its validity in around 84 nations even after several movements were launched for the abolition of it. Not only that, countries even went ahead to intensify the scope of it.

A country where capital punishment is practiced at its peak is China, with more than 1000 executions each year. The possession of illegal drugs has a mandatory death sentence in countries like Iran, Malaysia, the Philippines and Singapore. Few Countries impose capital punishment for economic crimes such as corruption of public officials, embezzlement of public funds, bribery etc. Sexual offences too attract this form of punishment in certain Islamic states. United States of America also allows such punishment and 75 people are put to death every year there, on an average. 

 

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Published

24-08-2020

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Copyright © 2026 by Ishaan Tyagi

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How to Cite

Ishaan Tyagi. “CAPITAL PUNISHMENT: A CRITICAL STUDY”. International Journal of Legal Developments & Allied Issues, vol. 6, no. 4, Aug. 2020, pp. 143-60, https://doi.org/10.55662/.

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