Need for a Strict Sentencing Policy in Awarding Capital Punishment in India

10.2478/bjlp-2022-002057

Authors

  • Priyanka Kushwah
  • Aqa Raza

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.

Abstract

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.

Additional Files

Published

2022-11-26