The death penalty is a controversial and emotional issue in India. The Indian penal Code provided for the use of the death penalty in case of murder, or rape. There is a big debate around the death penalty mainly about India's legal and ethical framework. The use of the death penalty in India has been a contentious issue with proponents arguing that it serves as a deterrent to heinous crimes, while opponents argue that it is unconstitutional, inhumane, and prone to misuse. This paper provides a critical analysis of the rationale behind the use of the death penalty in India. This paper also focuses on the impact the death penalty has on society.

Introduction
Our society operates under the same norms and laws, which promotes the atmosphere of peace in the community. Laws and constitutions are formed in every nation to ensure the smooth operation of society, and anyone who violates the law will be held accountable. Any offense's punishment is based on its seriousness. The death sentence was first challenged as being constitutional in the United States of America, which then took action to do away with it.

In India, it is known as Capital Punishment in Section 368 of the Code of Criminal Procedure gives power to the High Court to award punishment for the same. The death penalty is mentioned in Section 53 of the Indian Penal Code. The question arises of which crimes should the Death penalty be awarded. The answer to the question is that the death penalty should be awarded in case of serious crimes are committed.

In this research paper the main topic which is going to cover are the Crimes in which the death penalty is granted, the doctrine of Rarest of the rare, Violation of Article 21, Negative aspects of the death penalty, Positive aspects of the Death penalty, is death penalty prevalent in India and Case in which death penalty was awarded.

Objective
History of the Death Penalty
The history of the death penalty in India dates back to ancient times concerning capital punishment found in Hindu, Buddhist, and Jain texts.

Ancient Times:
The use of the death penalty was common in Ancient India concerning execution by beheading. Stoning and burning at the stake are found in religious and legal texts. The Arthashastra, a treaty on statecraft from the 4th century BCE, lists 32 crimes punishable by death.

British colonial period:
During the period of British colonial rule in India, the death penalty was widely used for crimes such as murder, treason, and rebellion, the British introduced new methods of execution such as hanging, and established a formal legal system mastering ring the death penalty

Independence and Post-independence era:
After India gained independence in 1947, the use of the death penalty continued under the Indian Penal Code, which provides for the death penalty for crimes such as murder, terrorism, and war crimes. The number of executions in India has varied over time, with a peak in the 1980s and a decline in recent years.

Controversies and debate:
The use of the death penalty in India has been controversial with debates over its effectiveness as a deterrent, its potential for wrongful convictions, and its compatibility with human rights. There have been several high-profile cases in which the death penalty has been imposed, including the 2012 Delhi gang rape case, which led to widespread protests and calls for reform of India's legal system.

Current status:
The death penalty remains legal in India, although there have been calls for its abolition or reform. In recent years, there has been a trend toward reducing the use of the death penalty, with some states imposing moratoriums or commuting death sentences to life imprisonment.

Overall, the history of the death penalty in India reflects changing attitudes towards crimes and punishment over time, as well as the influence of religion, politics, and culture. The debate over the use of the death penalty in India continues to be a contentious issue.

Let's define the death penalty first, death penalty is a legal process in which the death sentence by the state is punishment for the offense committed by him.

The following sections listed below are the section of The Indian Penal Code in which the death penalty is awarded:

• Section 121 Indian Penal Code: Treason for waging war against the Government of India
• Section 123 Indian Penal Code: Abetment of mutiny committed
• Section 194 Indian Penal Code: Giving false evidence with intent to procure a conviction of a capital offense
• Section 195A Indian Penal Code: Threatening any person to produce or falsify evidence resulting in the conviction and death of an innocent person
• Section 302 Indian Penal Code: Murder, "The act by which the death is caused is done to cause death"
  • The landmark case is Bachchan Singh v. State of Punjab, where the court held that the death penalty should only be given as a punishment for a heinous crime.
• Section 305 Indian Penal Code: Abetment of suicide of a minor or insane person
• Section 307(2) Indian Penal Code: Attempted murder by serving life convict
• Section 364A Indian Penal Code: Kidnapping for ransom
• Section 376A Indian Penal Code: Rape and injury which causes death or leaves a woman in a Persistent Vegetative State
• Section 376 AB Indian Penal Code: Rape of a woman below 12 years of age
• Section 376 DB Indian Penal Code: Gang rape of a woman below 12 years of age
• Section 376 E Indian Penal Code: Certain repeat offenses in the context of Rape
• Section 396 Indian Penal Code: Dacoity with murder - when a group of five or more people commits dacoity and one of them murders in the course of that crime, all members of the group can face the death penalty.

Doctrine Rarest of Rare
After the case of Bacchan v. State of Punjab1, it was attempted to cut the doctrine for the offense of death to decrease the ambiguity for the courts about whether to go for any higher level of punishment. it was laid down that the death penalty should be given in the "Rarest of rare cases".

In Macchi Singh v. State of Punjab2, the doctrine got more certainty regarding the "Rarest of the Rare" in how to know which case falls in the category of the doctrine. The aspects in which this doctrine is applicable are the magnitude of the crime, nature of the crime, victims of the crime, and the motive behind committing the crime. If all these aspects are justified then the death penalty is granted. In the case of Prajeet Kumar Singh v. State of Bihar, the court stated that the death penalty should only be awarded only, "when a murder is committed in an extremely brutal, grotesque, diabolic or dastardly manner to arouse intense and extreme indignation of the community,"

The Mitigating Factors

• Mental condition of the culprit
• Age of the accused
• Whether the action was under coercion

The Aggravating Factors

• Pre-planned murder
• Helpless state of the victim
• Nature of the crime
• Details of the crime

Negative aspects

It is often pointed out that our legal framework and right to justice are flawed, leading to innocent people's killing. Show that this innocent person is guilty as a result of the agreement that has been made, and he demonstrates his innocence by failing to cut. Whose fault it is that he is given the death punishment. It is appropriate to execute someone or to put a murderer to death as a form of retribution. Some people think that this was murder.

Positive aspect
The parties involved with the death penalty case contend that it is still legal everywhere, not only in India. It is impossible to end the death penalty by citing a developed nation. The death penalty is appropriate for heinous crimes like murder and rape. With this, it is even possible to execute offenders who feel a strong sense of guilt. To show their support for the death sentence, they ask for stones. It is only right to give someone the death penalty since they have done such a heinous crime and have no right to live. The victim will receive justice, and society will feel the effects.

Violation of Article 21 and Human rights
It was brought that the punishment of the death penalty violates Article 21 of the Indian constitution of India. In the case of Jagmohan v. State of U. P3, the court held that all the contentions and sending the death penalty couldn't be said as an infringement of Article 21. The supreme court sided with capital punishment and guaranteed that it would help forestall the flare-up of all the wrongs in the public.

In another case Meneka Gandhi v. UOI 4, according to the supreme court, capital punishment should take place in a reasonable strategy. Every wrongdoer will have the right to procedural assurances and to rely on Natural and Procedural law.

"No individual should be subjected to any kind of torture or cruelty, any harsh or immoral treatment or punishment" This is given in Article 5 of UDHR, 1948. There are five different speculations of disciplines which are, deterrent theory, rehabilitative theory, retributive theory, reformative theory, and preventive theory.

According to the Deterrent theory, discipline is an admonition for other people. The main aim of this principle is to prevent the expansion of wrongs in society by disposing of criminals. Capital punishment should be made a model for the general public. This theory has four justifications, Preventions, Eliminations, Isolation, and Exemplary.

• A minor under the age of 16 will not be granted capital punishment.
• Death penalty will not be granted to a pregnant female or an unsound person.
• There will not be a review impact of the death penalty.
• The death penalty should be granted after a reasonable and just technique (Article 14 of ICCPR).
• Capital discipline should not be executed in intrigue.
• Even though capital punishment infringes someone's human rights, it still doesn't disregard the legality of Article 21 of the Constitution of India.

Death penalty in India
Given that it is clear that the reformative theory of punishment has failed tragically in India and that the rate of wrongdoing has increased, it is necessary to install the fear of death in the minds of criminals to create a better environment for the general public. The United General Assembly's proposal to abolish or outlaw the death penalty was also rejected by India since it went against the country's legal framework.

In India, the death penalty is regarded as a lawful punishment, although it is only ever carried out in the rarest of circumstances, including terrorist actions, the encouragement of a child to commit suicide (as defined by Section 302 of the IPC, 1860), murder (as defined by Section 302 of the IPC, 1860), the second instance of drug trafficking, etc.

Abolishing the death penalty would be absurd given the rise in murder and rape cases in India currently. Strict measures should be implemented against those responsible. Capital punishment is viewed as a discipline than life that humans would fear doing anything wrong. In 2019, the Indian trial court has capital punishment for 102 cases for the crime of murder. Around 27 cases were given the death penalty in the Supreme Court under Chief Justice Ranjan Gogoi, which is the highest number of cases since 2001.

Abolishment of the Death Penalty
There was always a discussion regarding the abolishment of the death penalty. The main reason for the death penalty is to reduce the crime of murder. People who want to abolish the death penalty argued that the death penalty is an inhumane practice and can result in the execution of innocent people. They also say that there are always other ways to punish criminals for example life imprisonment without parole.

Those who support the death penalty argue that it is a necessary punishment for brutal, heinous crimes like murder, rape, etc. It is a way to deterrent to potential criminals. They also argue that it provided closure and justice for the families of the victims.

Countries like Canada, Australia, and most European countries have abolished the death penalty. The United States still has the death penalty as their punishment.

The thought of abolishing the death penalty is a complex decision to make, it involves weighing the pros and cons.it is up to the society and the government to decide whether to abolish it or not.

The impact of the death penalty on society is a complex and controversial topic.

Here are some possible ways in which the death penalty may affect society:

• Deterrence: One argument in favor of the death penalty is that it may deter others from committing similar crimes. However, the effectiveness of the death penalty as a deterrent is debated among experts and may depend on factors such as the severity and swiftness of the punishment, the likelihood of being caught, and the individual characteristics of the offender.
   
• Retribution: Another argument in favor of the death penalty is that it provides a sense of justice and closure for the families of the victim and that some crimes may be so heinous that only the death penalty can provide adequate punishment.
   
• Cost: The use of the death penalty can be costly for the criminal justice system as it often involves lengthy appeals and increased security measures. These costs may be passed on to taxpayers.
   
• Risk of wrongful conviction: The use of the death penalty carries a risk of executing innocent people. DNA evidence and other advancements in forensic science have led to the exoneration of some individuals who were wrongly convicted and sentenced to death. This risk may undermine public trust in the criminal justice system.
   
• Racial and Socioeconomic disparities: Studies have shown that the use of the death penalty is disproportionately applied to people of color and those from lower socioeconomic backgrounds. This may reflect systemic biases in the criminal justice system and can contribute to further inequalities in society.

Overall, the impact of the death penalty on society is a complex issue that depends on a variety of factors. Supports and opponents of the death penalty often hold differing opinions on the benefits and drawbacks of this form of punishment.

Cases:
Ediga Anamma v. State of Andhra Pradesh In this case a young woman and her infant were assassinated by the accused. The accused had a romantic relationship with another guy even though being married. Her father-in-law caught her affair and warned her to leave the house. The accused continued the relationship with the guy. When the accused was going to fieldwork one day, she stabbed Anasuya the deceased, and her daughter Nirmala aged 10. In this case, the court held that life imprisonment for murder is the capital sentence exception. A special reason should be given if the court decides to impose the death sentence.

Vinay Sharma v. Union of India This case is also known as The Nirbhaya gang rape case. This took place in Delhi on a moving bus. The victim was brutally gang raped by six accused which led to the death of the girl. An iron rod was inserted into her private parts. During the trial, one of the accused committed suicide in jail, one was a juvenile and hence was not sentenced to death. The remaining four accused were given the death penalty.

Sidhartha Vashisht @ Manu Sharma v. State This is also known as the Jessica Lal case. A girl was shot to death as she refused to serve alcohol to the accused. The accused manipulated the eyewitness to become a hostile eyewitness which led the courts to give him life imprisonment punishment. This case should be that with money a person can buy anything even justice.

Surendar Koil v. State of UP It is also known as Nithari Kaand, in this case, the bodies of deceased children and adults were found in a village of Noida. The bodies were found at Mohinder Singh Pandhers house. It was found that he raped and eat the girls' bodies. He did the same crime to fifteen girls and was awarded capital punishment.

Machhi Singh and others v. State of Punjab In this case, there was a feud between two families. Due to this feud, it took seventeen lives. The supreme court considered the circumstances of the offender with the circumstance of the crime.

Shabnam v. Union of India In this case Shabnam with her lover killed her family members because they weren't allowing her to get married to her lover. This incident occurred in the year 2008. She submitted a mercy plea to the president which got rejected. The aggravating factor of this case was that she didn't even leave her young. The court awarded her the death sentence and was hanged for the first time in Indian Criminal Justice System.

Hyderabad Veterinarian Case A female doctor was near the Shamshabad plaza where she parked her scooter from where she took a taxi to her office. The four accused had an eye on her moments and punctured her scooter when she was not there. When she got back the accused took her to a lace forcefully and raped her and then burned her body. This case deserved the death penalty as a punishment but the police officers encountered the four accused which made the public question the Indian criminal Justice System.

Conclusion
In conclusion, the death penalty in India has a long and complex history, dating back to ancient times. Despite calls for its abolition, the death penalty remains legal in India and is still used for certain crimes. However, there has been a trend toward reducing the use of the death penalty, with some states imposing moratoriums or commuting death sentences to life imprisonment.

The use of the death penalty in India has been controversial with debates over its effectiveness, morality, and potential for wrongful convictions. There have also been concerns about the fairness and impartiality of India's legal system particularly in cases involving marginalized communities and vulnerable individuals.

Overall, the debate over the use of the death penalty in India reflects broader discussions about justice, human rights, and the role of punishment in society. While opinions on the death penalty vary, it is clear that any decision to impose the ultimate penalty of death must be made with great care and with a deep understanding of the social, cultural, and legal context in which it is applied.