Name – Amartya Vikram Singh

Group - 34

Roll No. - 18207

Main topic - Changing dimensions and scope of Criminal Law.

Sub Topic –Death Penalty and changing Judicial Perspective in India

Title of the Paper- Indian Judiciary on Death Penalty

Source- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399332

Submitted to - Dr. Sharanjit Kaur

CONCEPT LINE

The current research analysis the history and reasoning behind incorporation of Death Penalty in
Criminal Jurisprudence. The project will also aim to give an evolution of changing nature and
direction of courts on the idea behind death penalty.

KEY WORDS

Death Penalty, India, Capital Punishment, Supreme Court

ABSTRACT

The Supreme Court of India as the highest Judicial Tribunal of the country has given its
authoritative decisions on various points of law from time to time. The apex court has examined
the constitutional validity, procedure and many other issues related to death sentence and delivered
its valuable verdict on numerous occasions in last 50-60 years. The constitutionality of death
penalty has been questioned before the Supreme Court several times on the ground that it
contravenes provisions incorporated in Indian Constitution. However, the Court has made it clear
many times that the imposition of death penalty is not opposed to the supreme law of the land,
Bhagwati, J., is of opinion that Sec. 302 of the I.P.C. in so for as it provides for imposition of death
penalty as an alternative to life sentence is ultra vires and void as being violative of Art. 14 and 21
of the constitution since it does not provide any legislative guidelines as to when life should be
permitted to be extinguished by imposition of death sentence.

The research for the present project is on the topic ‘Death Penalty and changing Judicial
Perspective in India’. The research methodology will try to include both quantitative and
qualitative methods. The idea behind the project is to give a holistic analysis of the history and
evolution of death penalty principle in India. For the purpose of the current research the project
has been based upon the research paper'' Indian Judiciary on Death Penalty''

The paper has focused on a holistic analysis and evolution of dath penalty, going into its
constitutional and procedural background. While also focusing on relevant sections of the Indian
Penal Code as well as the evolving judicial perspective and guidelines on Death Penalty.It also
sheds light on many important aspects relating to the death penalty principle such as
constitutionality of Section 303 IPC and Sec 353(4) Criminal Procedure Code, Arbitrariness in
sentencing, procedural reforms, relevant aspects of Evidence Law, Mandatory Pre-sentencing
Hearings and the Statement of "special reasons", Delay in execution and delay caused due to other
reasons such as pendency of mercy petitions, Lastly the paper has focused on the guiding principle
of Indian Criminal Jurisprudence in Death Penalty cases of the principle of “Rarest of the Rare
Cases’. Focusing on establishing a more liberal and reformative criminal jurisprudence set up than
a retributive criminal jurisprudential set up

The paper has relied on a variety of case law to aptly explain the judicial position in different
circumstances of death penalty and the relevant guiding legal principle while at the same time it
also focuses on allied issues such as delay in the actual execution as well as the scope and impact
of pardon/clemency clauses.

Tentative Result

The research concludes on the point as to whether the constitutional provisions dealing with death
sentence are opposed to the Constitution, what care must be exercised in every case to look into
the circumstances of the case, facts and the nature of the crime for making choice between the
imposition of death penalty and the award of the sentence of life imprisonment.