Need for a Strict Sentencing Policy in Awarding Capital Punishment in India
Keywords:Sentencing Policy, Capital Punishment, Supreme Court of India, Rarest of Rare Doctrine, Constitution of India, Code of Criminal Procedure, Law Commission of India, Judicial Approach.
This paper seeks to analyze the approach of the Supreme Court of India (hereinafter, the Supreme Court) in cases dealing with ‘rarest of the rare’ doctrine. Papers further seeks to identify whether the approach of the Supreme Court in matters awarding the extreme punishment and interpretation as to application of rarest of rare doctrine has been consistent or varying. Paper also analyzes the Law Commission of India’s 262nd Report on Death Penalty to touch upon the retention versus abolition debate on the death penalty.