This article undertakes a comprehensive doctrinal and analytical examination of capital punishment under India's Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the colonial-era Indian Penal Code, 1860 (IPC). The primary objective is to critically assess whether the retention of the death penalty within the BNS framework aligns with prevailing human rights principles, constitutional morality as evolved through Indian jurisprudence, and contemporary global standards of criminal justice. Employing a doctrinal methodology supplemented by comparative constitutional analysis and human rights law frameworks, this study interrogates the legislative rationale behind preserving capital punishment while simultaneously professing reformative aspirations.

The article traces the evolution of India's death penalty jurisprudence from the watershed judgment in Bachan Singh v. State of Punjab (1980), which institutionalised the 'rarest of rare' doctrine, through subsequent decisions that have both reinforced and destabilised its application. It examines the specific provisions of the BNS prescribing the death penalty, comparing these against their IPC antecedents, and evaluates the degree to which substantive reform has been achieved. The constitutional dimensions are explored through Articles 14 and 21 of the Constitution of India, with particular attention to the doctrines of proportionality, due process, and equal protection.