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Discretion to Discipline: Rethinking India's Capital Sentencing System

By Anubhav Singh

Discretion to Discipline: Rethinking India's Capital Sentencing System

By Anubhav Singh

0 - Default Title
Description
Capital punishment in India remains deeply controversial due to inconsistent application, wide judicial discretion, and lack of a uniform sentencing framework. Though the Constitution mandates a fair, just, and reasonable procedure, court practices often reflect subjectivity, unequal treatment, and neglect of mitigating socio-economic factors. Supreme Court rulings acknowledged flaws but failed to establish binding, objective guidelines, leading to arbitrariness, uncertainty, and risk of wrongful executions. The Law Commission's 2015 report highlighted poor deterrence value, procedural lapses, and international reform trends, while dissenters argued for security and public will. If the death penalty is retained, India urgently needs structured sentencing guidelines, pre-sentence investigation, judicial training, multidisciplinary sentencing support, removal of prosecutorial incentives, strict compliance with legal safeguards, periodic review of sentencing trends, and timely execution processes. Justice in matters of life and death must be principled, consistent, humane, and beyond arbitrariness.
Product details
Binding:
Paperback
Number of Pages:
96
Release Date:
2026-01-05
Publication Date:
2026-01-05
Publisher:
LAP LAMBERT Academic Publishing
Languages:
Original: English
ISBN10:
6209402429
ISBN13:
9786209402425
Weight:
161 g
Height:
150 cm
Width:
220 cm
Thickness:
6 cm
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