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VOL. 5, ISSUE 1 (2023)
Death penalty in India: Retributive or reformative
Authors
Girija Nand, Veena Kumari
Abstract
The execution of a person is the most stringent measure to punish an offender by executing him after following the due process created by legislation. It is based on the retributive theory of jurisprudence and is in place since time immemorial. But modern times require a different approach and the best-suited one is the reformative theory which advocates for the eradication of causes that leads to offenses rather than deterring future offenders by scaring them. It has been the center of the global debate on whether the death penalty should be abolished or not. Around 108 countries are there which have abolished the practice whereas India still retains it. Many arguments support as well as reject this punishment. Even though Law Commission and the judiciary once in a while have suggested abolishing this punishment for serious offenses except waging war and terrorism but the Indian Legislature has shown no interest in reforming any laws for this change to happen. This article not only reflects all the legal and social frameworks which either support or oppose this punishment and also suggests what the way forward should be.
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Pages:8-12
How to cite this article:
Girija Nand, Veena Kumari "Death penalty in India: Retributive or reformative". International Journal of Law, Policy and Social Review, Vol 5, Issue 1, 2023, Pages 8-12
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