Vol. 3, Issue 6 (2017)
Capital punishment in India: whether a mode of justice or a matter of utility?
Author(s): MD. Hasanur Zaman Siddique
Abstract: It is a matter of great debate, whether the capital punishment can be justified on the ground of justice rather than utility. The deterrent as well as the retributive concepts which support capital punishment can serve the interest of criminal administrative duty of a state but can never serve remedial justice to the victim. Death penalty has been a mode of punishment since time immemorial. The arguments for and against has not changed much over the years. At this point of time when the issue, whether capital punishment must be abolished or not is still raging, it will be appropriate to remind ourselves as to how the legislatures and the apex court have dealt with this issue every time it has come up before them.