COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT

Praveen Kumar Gupta , Prof.(Dr) Alok Mishra

Capital Punishment-SC-HIGH COURT-Punishment for Life Imprisonment

The Supreme Court in the judgments of Aloke Nath Dutta, Bariyar, Gafur, Sangeet and Khade. The inconsistent and arbitrary application of the Bachan Singh framework has been at the forefront of problems in the prison system. Similar cases in similar circumstances led to different results. These failures are more likely to affect the weaker sections of society, as 74.1 percent of prisoners are in a weaker socio-economic position . The quality of representation in capital matters greatly affects the outcome. Individuals unable to afford such quality legal representation, coupled with evidentiary deficiencies in presenting mitigating factors, would further increase the number of vulnerable individuals imprisoned and sentenced to death. In his dissent, judge Bhagwati commented in Bachan Singh that the death penalty has a certain class bias and the victims of that extreme punishment are usually poor and oppressed. The system preys on the most vulnerable societies. If the judicial mechanism has failed, even the exercise of executive power can be discriminated against because there is no consistent basis for granting amnesty . Moreover, the leader's delay leaves the death row in a state of uncertainty, never knowing his fate.

Published Paper   E-Certificate

"COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT", IJSDR - International Journal of Scientific Development and Research (www.IJSDR.org), ISSN:2455-2631, Vol.8, Issue 7, page no.480 - 485, July-2023, Available :https://ijsdr.org/papers/IJSDR2307068.pdf

Volume 8 Issue 7, July-2023

Pages : 480 - 485

Paper Reg. ID: IJSDR_207678

Published Paper Id: IJSDR2307068

Downloads: 000347309

Research Area: Social Science and Humanities 

Country: Ghaziabad, Delhi-NCR, India

Published Paper PDF: https://ijsdr.org/papers/IJSDR2307068

Published Paper URL: https://ijsdr.org/viewpaperforall?paper=IJSDR2307068

ISSN: 2455-2631 | IMPACT FACTOR: 9.15 Calculated By Google Scholar | ESTD YEAR: 2016

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