India is a nation that is rapidly developing, but at the same time, crime rates are rising dramatically. Although there is a lot of legislation in India to prevent and control crime, crime rates are rising as a result of insufficient punishments. To lower the crime rate, the penalty should be harsh. Every punishment has the same goal in mind: to punish the wrongdoer. In India, there are various forms of punishment available, including the death penalty, life in prison, and others.

The most severe form of punishment is considered to be the death penalty. This essay discusses the global status of the death penalty and provides a definition of the term "capital offence." It also describes how the death penalty is carried out in India. In this article, the reformative theory and the preventive theory: two of the main theories surrounding the death penalty: are explained. The researcher also discussed the rarest of rare cases in this study. In addition to capital punishment in ancient India, this article discussed countries that had abolished it and those that had retained it. This article provides a thorough overview of India's execution procedures as well as its use of the death penalty.

Introduction
Every punishment is predicated on the idea that there must be a consequence for wrongdoing. There are two main justifications for applying the penalty. One is that punishing wrongdoers deters others from doing the same, and the other is that it is both right and just for someone who has done wrong to pay for it. The same premise underpins all punishments, including the death penalty.

Given the circumstances of today, the debate over the death penalty is the one that is most generally pertinent. The death penalty is a crucial component of the Indian criminal justice system. The existence of the death penalty is questioned as immoral due to the growing strength of the human rights movement in India. This is a strange argument, though, as it is morally wrong to preserve one person's life at the expense of the lives of many other members of society or potential victims.

Execution of a person sentenced to death after being found guilty by a court of law of a criminal offence constitutes capital punishment, also known as the death penalty. It is important to distinguish between the death penalty and extrajudicial executions that take place without a court order.

Although the imposition of the penalty (even when it is upheld on appeal) does not always result in execution, the terms "death penalty" and "capital punishment" are sometimes used interchangeably. This is because there is a chance that the sentence could be commuted to life in prison.

The death penalty is a long-established punishment. The death penalty has essentially never been used in any nation in the world. The history of human civilization shows that the death penalty has never been abandoned as a form of punishment. Under the laws of Draco (c. 7th century BCE), capital punishment for crimes like murder, treason, arson, and rape was frequently used in ancient Greece, despite Plato's contention that it should only be reserved for the truly evil. Although citizens were exempted for a brief period of time during the republic, the Romans also used it for a wide variety of offences.

India is a nation with a large population of criminals and crimes. Every punishment in India is designed with the intention of punishing the wrongdoer. The two main justifications for enforcing punishment are that the wrongdoer should suffer and that punishing offenders deters others from committing wrongs.

In India, there are various forms of punishment depending on the crime committed, including the death penalty, imprisonment, life in prison, fine-only prison, etc. The death penalty or capital punishment was the main topic of this study. One significant component of the Indian criminal justice system is the death penalty.

Capital crimes or capital offences are crimes that carry the death penalty.The Latin word "capitals," which means "regarding the head," is where the word "death penalty" originates. A person who has committed a crime is put to death by the state as part of the capital punishment process. The term "capital punishment" or "death penalty" refers to a criminal defendant who has been given a death sentence by a court of law. The death penalty is reserved for the most serious crimes against humanity.

Different places, states, and nations have different death sentences. There are numerous human rights organisations in India that argue against the morality of the death penalty. According to human rights organisations, the death penalty interferes with one person's right.In law, criminology, and punishment, the term "capital punishment" refers to a death sentence. The combination of two theories serves as the foundation for Indian criminal law.

The president and governor were also given the authority to suspend or commute a death sentence under the constitution. In India, the most egregious and serious crimes carry the death penalty. Murder, robbery coupled with murder, waging war against the government, aiding mutiny, etc. all carry the death penalty. Only when the court determines that life in prison is not sufficient under the circumstances of the case is the death sentence handed down.

Meaning of Capital Punishment

The term "Capital Punishment" denotes the harshest form of punishment. It is the penalty that must be meted out for the most egregious, intolerable, and terrible crimes against humanity. The consequences of capital punishment have always been the death penalty, even though the definition and severity of such wrongdoings vary from country to country, state to state, and age to age. Capital sentence generally refers to a death sentence in law, criminology, and penology. The study's third objective is to look into the strategies for securing the state using the death penalty.

Historical Background of Capital Punishment

Death penalty laws have existed in every region of the world since the earliest times. In primitive societies, savage death was a common occurrence. The very states of existence were frequently ancestral or group fighting. Life was in such a state extremely deplorable, and the subject of punishment was dominated by personal retribution. The two main tools to remove dangerous components from the gathering were death and outcast.

The swiftest form of retribution and also prevention at the time was the death penalty. The harshest penalty is the death penalty. When in doubt, culpability depends on the severity of the crime, the danger it poses to the public, the degrading of the offender, and all other factors taken into account.The cost of wrongdoing that the offender anticipates puts them in danger of punishment.

A significant number of people will stop when the cost of suffering is sufficiently high compared to the benefit that the wrongdoing is expected to produce. This still holds true for offences that could result in death. It is also unquestionably acknowledged that the death penalty is only supported in extreme situations where a high degree of guilt is involved and grave danger to society is present.In law, criminology, and punishment, the term "capital punishment" refers to a death sentence.

The combination of two theories serves as the foundation for Indian criminal law. The president and governor were also given the authority to suspend or commute a death sentence under the constitution. In India, the most egregious and serious crimes carry the death penalty.

Murder, robbery coupled with murder, waging war against the government, aiding mutiny, etc. all carry the death penalty. Only when the court determines that life in prison is not sufficient under the circumstances of the case is the death sentence handed down. Furthermore, the State should and is able to ensure that people are safe simply by properly rejecting the responsible.

The death penalty is an outmoded practise. There is practically no country in the world where the death penalty has never been used. The development of humanity over time reveals that the death penalty has never been abolished as a form of punishment. In ancient Greece, under the laws of Draco (fl. seventh century BCE), the death penalty was frequently applied for murder, treachery, pyromania, and assault. However, Plato believed that it should only be applied to the hopeless.

The Romans also used it for a wide range of offences, but during the republic, subjects were exempt for a short while. Sir Henry Marine's statement that "the Roman Republic did not abolish the death penalty, but its non-use was primarily coordinated by the act of punishment or banishment and the method of inquiries" lends support to this idea.

According to the bill, cases that are deemed to be "to a great degree physically and rationally harming" are now eligible for the death penalty. Additionally, it declares that "rehash attackers" will be hanged to death. Rehash attackers are those who commit a sexual offence again, either immediately after committing their initial offence or as part of a larger pattern.

Rehash attackers are those who commit a sexual offence once more, either after serving their sentence or while they are on parole, for those of you who have no idea what that means. Incorporating regulatory changes that function as temporary arrangements is crucial for this. It was also suggested to have a shooter who is trained and authorised inside the vehicle with a gun. This was suggested so that there would be a safety effort if anyone tried to board the vehicle but stopped listening to reason and started acting foolishly. The most recent addition is simple to disprove, but it's a start.

Case Laws on Capital Punishment:

• Ediga Anamma Vs State Of Andhra Pradesh

  It was established that the judge should look into the criminal and his circumstances or haplessness while committing the wrongdoing in addition to looking into the relevant points of the wrongdoing and making decisions based on the level of brutality used.
   

• Bachan Singh V. Punjab State

  According to some, this circumstance brought up the issue of the legality of the death penalty once more. This was the circumstance that gave rise to the rarest of rare cases, and the precept continues to rank among the most crucial cases.
   

• Machhi Singh Vs. State Of Punjab

  With the ultimate goal of further illuminating the most exceptional of circumstances that could justify the use of the death penalty.
   

• State Of Maharashtra Vs Shukhdeo Singh

  The people convicted of killing General Vaidya received death sentences from the judges.

Conclusion:
Since ancient times, the death penalty has been used in India. The death penalty was abolished in numerous nations. According to national crime statistics, the death penalty has not been shown to be a deterrent for committing crimes; instead, the rates of crime are only rising. In particular, the death penalty in India needs to be changed in our laws.

Our laws should be changed, and the punishment meted out should be severe enough to serve as a deterrent to others from engaging in similar unlawful behaviour. A penalty worse than the death penalty exists. Talk to the offender about capital punishment on a regular basis. The alternative to the death penalty is harsher punishment and a life in prison. The offender should consider his offence every day and every night. The use of the death penalty to deter crime in society is ineffective.