Judicial Validity Of Capital Punishment

Abstract

The objective of this study is to know circumstances under which capital punishment plays an important role and how it prevents the major happenings in todayand#8223;s scenario. Punishment can be defined as suffering inflicted upon the offender by the court when he is adjudged guilty under the law. The amount of punishment will vary according to the facts and circumstances of the case. While giving punishment one must consider the motive of revenge. newlineThe capital punishment nowadays is a major topic among the public for the justice, as we can see in NIRBHAYA RAPE CASE, itand#8223;s been 7years and no justice is given to the girl who died and has been suffered from both mental and physical injury, even though the mercy petitions of the rapist are denied but the justice is delaying and JUSTICE DELAYED IS JUSTICE DENIED . newlineCapital punishment in my view must be majorly given in the heinouscrime i.e. evil and horrible crimes, but in case it is not brutal the Reformative Theory of Jeremy Benthamshould be followed, and the offender should be treated as a patient for curing. newlineAs in Bachan Singh v. State of Punjab 1980, the Supreme Court held that the death sentence should not be passed except in rarest of the rare case . newlineThe present research work is primarily being undertaken with the help of under mentioned newlineobjectives: newlinea. To ascertain the actual meaning of capital punishment. newlineb. Application of laws for governing capital punishment. newlinexi newlinec. To decide the alternative remedies of capital punishment. newlined. To decide the execution procedure for implementation of capital punishment newlinee. To introduce the structural reforms of law for capital punishment. newlineRESEARCH APPROACH/STRATEGY newlineAfter the first step, all the studied factors and reasons will be collected in this phase and then we apply a strategy to carry forward this research work. This strategy will be based on doctrinal legal research, All India Report, Law Journals, Law Reporters, Internet and other source.