Death Penalty origin of International Convention and Treaties as Indian Starting kit

Authors

  • Monika Jain Bar Council of India, New Delhi, India

DOI:

https://doi.org/10.37591/njcl.v3i1.605

Keywords:

Death Penalty, human rights, Supreme Court, Punishment, constitutional law, International convention.

Abstract

Death Penalty is the law and the “Rarest of Rare cases” is the policy. The Supreme Court First version in awarding death sentence is to study whether the offence amounts to rarest of rare cases. Its first cardinal principal is that whether alternative remedy is fir to the gravity of offences. The penalty is awarded by interpreting the circumstances of individual cases. The present position regarding Capital Punishment, as one might suppose of any system – of law with pretentions of being considered civilized, to use it sparingly as possible. The punishments very as to the degree of severity, and may include sanctions such as reprimands, deprivation of privileges or liberty, fines incarcerations, infliction of pain amputation etc. and even capital punishment. The corporal punishments are the ones in which physical pain is intended to be inflected upon the transgressor. Punishment may be adjudged as being fair or unfair in terms of their degree of effectiveness proportionality and reciprocity. This paper aims at preventing the criminal from today the justice systems do not resort to barbaric punishments like mutilation, though death penalty is in the statute books of many countries.

Author Biography

Monika Jain, Bar Council of India, New Delhi, India

Senior Advocate, High Court of Delhi, New Delhi, India

Published

2020-06-16

How to Cite

Jain, M. (2020). Death Penalty origin of International Convention and Treaties as Indian Starting kit. National Journal of Criminal Law, 3(1), 50–60. https://doi.org/10.37591/njcl.v3i1.605