The constitutionality of capital punishment in India has been a subject of extensive legal scrutiny and debate, primarily revolving around its alignment with fundamental rights enshrined in the Indian Constitution. The Supreme Court of India has addressed this issue through several landmark judgments, establishing a framework that permits the death penalty under specific circumstances while also emphasizing the need for a fair judicial process.
Historical Context and Legal Framework
The death penalty is codified within Indian law, particularly under Section 302 of the Indian Penal Code (IPC) and governed by the Criminal Procedure Code (CrPC). The legal discourse on capital punishment began with the case of Jagmohan Singh v. State of Uttar Pradesh (1973), where it was contended that capital punishment violated Articles 14 (right to equality) and 21 (right to life) of the Constitution. The Supreme Court upheld the death penalty, asserting that it did not infringe upon these rights when applied in accordance with established legal procedures.
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