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Death Penalty: A Legal Murder

Debajyoti Saha , Debajyoti Saha

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Indian Journal of Law and Human Behavior 1(2):p 123-127, Jul-Dec 2015. | DOI:

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Abstract

Death Penalty is a type of punishment where the convict is sentenced to death. It prima facie seems to be very harsh. It is given in the rarest of rare cases. There is huge uproar among the public whether to abolish death penalty or not. Death penalty takes away the Right to Life of the convicts.It is given in very serious cases like waging war against the state. In the article the author has analyzed the hanging of Yakub Memon who was involved in 1993 Mumbai Serial Blasts. There are many philosophers who have stated the importance of death sentence in the society. The justification of the criminalization process of death penalty has been taken into consideration in the article. There were Law Commissions set up for the analysis of death penalty in India. There is a drastic change in the view of the courts regarding capital punishment. Time and again the courts went through the societal conditions before giving the judgment in the death penalty cases. The author has described the inadequacies in the administrative set up. The author has taken the views both for and against capital punishment in order to come to a conclusion. The author will employ doctrinal method of research. 

Keywords: Death Penalty; Yakub Memon; Rarest of Rare; Capital Punishment; Retributive; Paternalism; Mercy Petition; Deterrent. 

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