SENTENCING POLICY IN INDIA
Main Article Content
Abstract
When making these "rarest of rare" decisions, judges often substitute their own personal preferences for established legal standards. That's why it's important to establish uniform rules for determining whether a situation qualifies as very unusual. The decision to carry out the death punishment must be made with all necessary diligence and sober reflection; it should not be made hastily. Therefore, the accused has no chance to redeem himself by changing his ways if he is sentenced to death. The death penalty debate highlights a plethora of interconnected problems and the muddled understanding of its penological functions. It also raises the question of whether the crime control model or the due process model of punishment is more appropriate for contemporary India.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Raashi Vaishya, The Doctrine of Rarest of The Rare, available at http://www.legalserviceindia.com/legal/artic le-726-the-doctrine-of-rarest-of-the-rare.html
Swasit Mahapatro, Rarest of rare doctrine and the concept of Social engineering, 1(5) Journal of International Academic Research for Multidisciplinary 277(2013).
Autri Saha& Pritika Rai Advani, The Death Penalty: A New Perspective in Light of Santosh Bariyar Case, 2 NUJS L. Rev.669(2009).
Universal Declaration of Human Rights, 10 December 1948, 217 A (III).
International Covenant on Civil and Political Rights art.6, 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) [ICCPR].
Monica Sakhrani & Maharukh Adenwalla, Death Penalty: Case for Its Abolition, 40(11) EPW 1026 (2005)
KD GAUR, TEXTBOOK ON INDIAN PENAL CODE 500 (2016).
Law Commission of India, Mode of Execution of Death Sentence and Incidental Matters, Report no. 187 (October 2003).
Law Commission of India, The Death Penalty, Report no.262 (August 2015), http://lawcommissionofindia.nic .in/reports/Report262.pdf
National Law University Delhi, Death Penalty India Report (2016). Available at https://static1.squarespace.com/static/5a843a9a9f07f5ccd61685f3/t/5b4ced7b1ae6cfe4db494040/153176828007 9/Death+Penalty+India+Report_Summary.pdf
Jahnavi Sen, Seven Reasons Why We Shouldn't Demand the Death Penalty for Rape (January 31, 2020). Available at https://thewire.in/women/rape-death-penalty