CAPITAL PUNISHMENT IN INDIA: HISTORICAL LAW, CONSTITUTIONAL SAFEGUARDS AND SENTENCING JURISPRUDENCE

Capital punishment remains one of the most debated sanctions in criminal jurisprudence engaging questions of constitutional legitimacy, penological objectives, human rights and judicial discretion. This paper examines the evolution of the death penalty in India by tracing its historical foundations from ancient legal traditions and colonial legislation to its contemporary constitutional framework. It analyses the legal basis of capital punishment under the Constitution of India, the statutory framework governing its imposition, the significant judicial contributions in shaping the "rarest of rare" doctrine and the procedural safeguards governing appellate review and execution. The study also reviews international developments relating to the abolition and retention of the death penalty, placing India's position within the broader global discourse. The research adopts a doctrinal methodology based on the analysis of constitutional provisions, statutes, judicial decisions, Law Commission Reports, parliamentary developments and other authoritative secondary sources. While existing scholarship has extensively examined the constitutional validity of capital punishment and the "rarest of rare" doctrine, comparatively limited attention has been devoted to the interaction between historical developments, constitutional safeguards, sentencing jurisprudence and recent legislative reforms under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita. This paper attempts to bridge that gap by presenting a comprehensive and integrated analysis of these interconnected dimensions. It concludes that although capital punishment continues to be constitutionally permissible in India, its legitimacy ultimately depends upon the consistent application of procedural safeguards judicial reasoning and adherence to constitutional values of due process within an evolving criminal justice system. Keywords: Capital Punishment; Death Penalty; Rarest of Rare Doctrine; Article 21; Constitutional Jurisprudence.