Abetment/ Retention Of Death Penalty: A Debate

4378 words - 18 pages

SHOULD INDIA ABOLISH THE DEATH PENALTY?A Debate on Abetment/ Retention of The Death PenaltyLegal MethodsRishi Aneja08D6043II SemesterSchool of Law, Christ UniversityTable Of CasesBachan Singh v. State of Punjab (AIR 1982 SC 1325)Furman v. State of Georgia, (1972) 408 US 239Gregg v. Georgia, (1976) 428 US 153Jagmohan Singh v. State of Uttar Pradesh, AIR 1973 SC 947Jurek v. Texas, (1976) 428 US 262Kehar Singh v. Delhi Administration, AIR 1988 SC 1883Laxman Naik v. State of Orissa, AIR 1995 SC 1387Machhi Singh v. State of Punjab AIR 1983 SC 957; 1983 Cri LJ 1587.Proffit v. Florida, (1976) 428 US 242Rajendra Prasad v. State of UP, AIR 1979 SC 916State of Maharashtra v. Sukhdeo Singh, AIR 1992 SC 2100Table of ContentsIntroduction……………………………………………………………………………4Constitutional Validity of Death Penalty……………………………………………...6Rarest of rare Doctrine………………………………………………………………..11Evolving Parameters of Death Penalty……………………………………………….12Sec.303 of IPC as Unconstitutional…………………………………………………..14Cases In Favour Of Death Penalty……………………………………………………16Conclusion……………………………………………………………………………18Bibliography………………………………………………………………………….19Introduction"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 AmericaDeath 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...

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