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INTERNATIONAL JOURNAL OF SCIENTIFIC DEVELOPMENT AND RESEARCH International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2455-2631 | Impact factor: 8.15 | ESTD Year: 2016 open access , Peer-reviewed, and Refereed Journals, Impact factor 8.15 |
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| Paper Title: | COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT |
| Authors Name: | Praveen Kumar Gupta , Prof.(Dr) Alok Mishra |
| Unique Id: | IJSDR2307068 |
| Published In: | Volume 8 Issue 7, July-2023 |
| Abstract: | 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. |
| Keywords: | Capital Punishment-SC-HIGH COURT-Punishment for Life Imprisonment |
| Cite Article: | "COMPARATIVE ANALYSIS OF CAPITAL PUNISHMENT", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.8, Issue 7, page no.480 - 485, July-2023, Available :http://www.ijsdr.org/papers/IJSDR2307068.pdf |
| Downloads: | 000338536 |
| Publication Details: | Published Paper ID: IJSDR2307068 Registration ID:207678 Published In: Volume 8 Issue 7, July-2023 DOI (Digital Object Identifier): Page No: 480 - 485 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
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