Death penalty in India: A controversial practice that continues today

The death penalty in India is a controversial practice lets know why? Are you aware of the death penalty case and how it is creating controversy in India? Well, you can know about its details through the information that is provided below. The article has a lot of in-depth detail regarding the legal issue and how its abolition has created major arguments. The death penalty is one of the fundamental aspects that are affected by the criminal justice system and its existence is still questioned to be unethical. Moreover, the LAW Commission report has stated that there are a lot of revisions are made to the death penalty act.

There are discussions on how the death penalty act must be applied only to rigorous offences and the human rights advocates have something different in their argument.

Key Terms: Controversy, Death penalty, Human rights, death, repeal of the act

Table of contents:

  1. Death penalty
  2. The practice of the Death Penalty
  3. Death Penalty in India
  4. Vote against the Death penalty
  5. Arguments against the abolition of the death penalty
  6. Public opinion
  7. Conclusion

Death penalty

Crime and punishment are both connected to each other.  If anyone has done the crime is directly eligible for punishment. The Death penalty is backed under the sanction of the government and as per this, the person is fastened to death, as a punishment for the committed crime. If someone is punished this way then the act is called a death sentence and doing this is called execution. Moreover, the death penalty is also referred to as Capital punishment. The crimes which can be punished by the death sentence are murder, war crimes, treason, crime against humanity and a lot more.

The practice of the Death Penalty

The death penalty has become a matter of controversy in a number of countries and the position might vary as per the cultural and political situation. Also, the European Union prohibits the act. The majority of nations such as 103 countries have abolished it for de jure crimes, 30 are going to abolish it, and the Council of Europe prohibits its use for all 47 members. Moreover, the countries where the execution of death sentences takes place involve the United States, India and China.

Death Penalty in India

Capital Punishment or the death penalty act is legal in India. It has been carried out a number of times in India after independence 22 and a total number of 26 executions have been carried out since the year 1991 in India. However, the reports suggest that the actual number of executions is still higher and that has happened between the decade 1953-1963 alone. Also, the Law Commission states that the except the terror and war-related crimes the death penalty act in India needs to be abolished.

Arguments regarding the continuation and abolition of the Death penalty

In the year 2007 India voted against the memorandum which demanded calling off the death penalty, India upheld the act by not voting for the resolution again in the year 2012. The UN assembly draft of 2012 demanded the end of capital punishment but India did not agree to it. On 31st Aug the law commission recommended the abolition of the death penalty for all crimes in India except war and terror crimes. But India still does not vote for abolition.

Arguments against the abolition of the death penalty

There are a lot of arguments which are against the abolition of the death penalty. One of them is that it will prevent future crimes. If there are strict death sentences then future offences can be discouraged and if the person is aware of what the instances can lead to he would definitely be specific about the conduct. To make a legal argument stronger, you need the best legal firm such as LEX Solutions. It is the best law firm in Chandigarh.

Moreover, the death penalty act even serves as a way to ensure justice. Another important argument is that the death sentence in India is not just imposed arbitrarily. Serious evidence and reasonings are glanced at before ordering the death sentence and the convict even has the right to a mercy petition. The executive might even approve the mercy petition and the death sentence can be changed to life imprisonment.

Public opinion

The support of people in regard to the death penalty does not imply that the state can get the authority to take any human being’s life. But the historical incidents reveal that people support some human rights atrocities so that they can be roundly denounced after. So, it is important that the word about the death sentence be spread in such a way that people do not commit crimes.



There are major arguments which focus on racial and economic bias, irreversibility, inhumanness and even moral order. Well, the death penalty is legal in India but is given to convicts who have committed very serious crimes. The death penalty has been in controversy for 150 years. Yes, the Supreme Court gives importance to criminal justice. There is no evidence on the death penalty is effective in reducing the level of crime in India.

There is no evidence on if the death penalty has impactfully lowered the rate of crime in India as compared to life imprisonment. Top law firm in Chandigarh helps with dealing cases. As in the death penalty is discriminatory.

If laws are not strict criminals commit crimes with leniency so there is a need for the death penalty. No, there is no evidence of this. LEX Solutions helps with criminal cases.

China, Saudi Arabia, India, the United States and many other countries practice the death penalty. So, there are a lot of discussions and arguments regarding the death penalty, but it is prevalent in India due to various reasons and unavoidable circumstances.


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