History of Death Sentencing: Evolution from Early Times to Present Times

Abstract

This paper examines the historical development of capital punishment from ancient civilizations to contemporary India, highlighting its changing philosophical foundations, social objectives, and legal application. Early societies justified the death penalty through supernatural beliefs, private vengeance, and the need to preserve collective order, leading to widespread and often brutal forms of execution. Over time, organised legal systems emerged, embedding capital punishment within religious doctrines and state authority. In India, Hindu jurisprudence supported death sentencing through the principle of Dandaniti, emphasizing deterrence and societal protection, while Islamic law prescribed it primarily for premeditated murder. During the Mughal period, executions were frequently severe, though later rulers promoted restraint. British colonial rule introduced codified criminal law, institutionalising hanging and incorporating capital punishment into the Indian Penal Code. Following Independence, India retained the death penalty but progressively narrowed its scope through constitutional safeguards and judicial interpretation, culminating in the “rarest of rare” doctrine. Contemporary practice reflects a significant decline in executions, indicating a gradual shift toward humanitarian considerations and individualized sentencing. The study concludes that although capital punishment continues to exist within India’s legal framework, its application has become increasingly restricted, revealing an ongoing tension between societal security and evolving human rights values