Abetment/ Retention of Death Penalty: A Debate

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SHOULD INDIA ABOLISH THE DEATH PENALTY?

A Debate on Abetment/ Retention of The Death Penalty

Legal Methods

Rishi Aneja

08D6043

II Semester

School of Law, Christ University

Table Of Cases

Bachan Singh v. State of Punjab (AIR 1982 SC 1325)

Furman v. State of Georgia, (1972) 408 US 239

Gregg v. Georgia, (1976) 428 US 153

Jagmohan Singh v. State of Uttar Pradesh, AIR 1973 SC 947

Jurek v. Texas, (1976) 428 US 262

Kehar Singh v. Delhi Administration, AIR 1988 SC 1883

Laxman Naik v. State of Orissa, AIR 1995 SC 1387

Machhi Singh v. State of Punjab AIR 1983 SC 957; 1983 Cri LJ 1587.

Proffit v. Florida, (1976) 428 US 242

Rajendra Prasad v. State of UP, AIR 1979 SC 916

State of Maharashtra v. Sukhdeo Singh, AIR 1992 SC 2100

Table of Contents

Introduction……………………………………………………………………………4

Constitutional Validity of Death Penalty……………………………………………...6

Rarest of rare Doctrine………………………………………………………………..11

Evolving Parameters of Death Penalty……………………………………………….12

Sec.303 of IPC as Unconstitutional…………………………………………………..14

Cases In Favour Of Death Penalty……………………………………………………16

Conclusion……………………………………………………………………………18

Bibliography………………………………………………………………………….19

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Introduction

"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death." ~ Supreme Court of the United States of America

Death sentence is the harshest punishment provided in the IPC, which involves the judicial killing or taking the life of the accused as a form of punishment. The question of whether the state has the right to take the life of a person, however gruesome the offence he may have committed, has always been a contested issue between moralists who feel that death sentence is required as a deterrent measure, and the progressive who argues that judicial taking...