29, October 2026
Capital Punishment in India: Historical Evolution, Constitutional Framework & Judicial Safeguards
Author(s): 1 Dr. Yumkham Sarojbala, 2 Brahmacharimayum Debajit Sharma, 3 Princy Yurembam,
Authors Affiliations:
1Assistant Professor, Department of Law, Dhanamanjuri University, Manipur, India
2Research Scholar, Department of Law, Dhanamanjuri University, Manipur, India
3Research Scholar, Department of Law, Dhanamanjuri University, Manipur, India
DOIs:10.2015/IJIRMF/202610005 | Paper ID: IJIRMF202610005Abstract
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Abstract: Capital punishment remains one of the most debated aspects of the criminal justice system, raising important questions concerning justice, deterrence, human dignity and constitutional safeguards. In India, the death penalty continues to be a legally permissible punishment for certain serious offences, although its application is restricted by judicial principles. This article examines the historical development of capital punishment in India, its legislative framework and the constitutional principles governing its imposition. It traces the evolution of the death penalty from ancient and colonial practices to the contemporary legal system, highlighting legislative efforts towards abolition and the retention of capital punishment under the Bharatiya Nyaya Sanhita, 2023. Particular emphasis is placed on Article 21 of the Constitution and the judicial doctrine of the “rarest of the rare,” established in Bachan Singh v. State of Punjab. Landmark judgments have been discussed to understand the development of sentencing principles and procedural safeguards. The article also explores the importance of balancing aggravating and mitigating circumstances, considering the offender’s background, mental health and prospects for rehabilitation before imposing the death penalty. Furthermore, it highlights concerns regarding inconsistent judicial interpretation, socioeconomic disparities, wrongful convictions and the irreversible consequences of judicial error. Although supporters consider capital punishment necessary for addressing exceptionally heinous crimes and threats to national security, its effectiveness as a deterrent remains contested. The article concludes that the continued application of capital punishment requires rigorous judicial scrutiny, fair sentencing procedures and careful consideration of constitutional morality, human rights and the possibility of reform.
Key Words: Capital punishment, death penalty, Indian Constitution, rarest of the rare, Article 21, judicial safeguards, criminal justice,
Dr. Yumkham Sarojbala, Brahmacharimayum Debajit Sharma, Princy Yurembam, (2026); Capital Punishment in India: Historical Evolution, Constitutional Framework & Judicial Safeguards, International Journal for Innovative Research in Multidisciplinary Field, ISSN(O): 2455-0620, Vol-12, Issue-10, Available on – https://www.ijirmf.com/