Capital Punishment in India: Reviewing the Contours of Justice

Abstract

The Mughal Empire and Hindu era in India saw a liberal application of death penalty. After the British intervened, there was a significant decline in the number of capital offenses. The Indian Penal Code was passed in 1860. It only stipulated the death punishment for eight types of offenses. A number of motions to abolish the death penalty were made in both houses both before and after independence. The subject was given a thorough investigation by the 35th Law Commission. This chapter provides a socio-historical summary of the death penalty’s introduction into India and a socio-legal analysis of its continued use. It begins by going over the indological viewpoint on the death penalty. Secondly, it describes the modifications made to the capital punishment procedure throughout the period of Muslim colonization. Finally, it examines and summarizes how the Indian penal code came to be during the colonial era. The argument made in this article is that our knowledge of the nature and extent of the death penalty has changed significantly. The present discussions around the death penalty will aid in advancing the field of justice.