SUPREME COURT ON DEATH PENALTY
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Abstract
The below article deals purely with the reliance on constitutional aspect of Hon'ble Supreme Court of India in delivering the judgments relating to cases challenging the constitutionality of death penalty in various cases and tries to answer the long debated question whether the death penalty in India must be retained or abolished? The Indian courts constantly face with the situation where they are required to answer to new challenges and mould the sentencing system to meet those challenges. Protection of society and deterring the criminal is the avowed object of law and that is required to be achieved by imposing appropriate sentence. The change in the legislative intendment relating to award of capital punishment notwithstanding, the opposition by the protagonist of abolition of capital sentence, shows that it is expected of the courts to so operate the sentencing system as to impose such sentence which reflects the social conscience of the society. The sentencing process has to be stern where it should be this is what the Indian Judicial System is trying to say every time it has delivered a judgment on death penalty.
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Copyright © 2026 by Dr. Suman Yadav, Amol Shetty
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