SUBTHEME- CONTEMPORARY CRIME DISCOURSE AND DEPICTION

Abstract
Title: Death penalty- An ailment in Indian judicial system with various inadequacies which
calls for a review.
The death penalty is cruel and inhuman, disproportionate and excessive. This comment was
made by Formal chief justice of the Supreme Court of India Justice P.N Bhagwati .This paper
essentially seeks to explore the ramifications of the various judgments on Indias death penalty
jurisprudence in the light of various contemporary challenges faced by our criminal justice
system. It begins with the examination of the changing climate in the body of Indias death
penalty jurisprudence, by tracing the transition from the death penalty as the rule and life
sentence as the exception , to the concept of rarest of rare dictum. In the light of this, Articles
134 and 136 of the constitution of India will be critically examined and analysed to bring
forward its inadequacies and methods by which the foresaid can be uprooted from the system.
The paper will focus on the statistics provided by the National Crimes Record Bureau to
ascertain the application of the dictum. Lastly, we will seek to answer the question whether
appeal in cases of death penalty should be a matter of right or privilege, keeping in mind the
change in situation through the amendments made in the criminal legal system in the year 1983.
Keywords: Appeal in cases of death sentence; challenges faced by criminal justice system; rarest
of rare dictum.
1) Shivangi Gupta
12/BBA/048
National Law University Odisha, Cuttack
(12bba048@nluo.ac.in)
08763981275
2) Aman Pandey
12/BBA/009
National Law University Odisha, Cuttack
(12bba009@nluo.ac.in)
09777745371

BIO DATA
Name: Shivangi Gupta
Fathers Name: Mr. Manmohan Gupta
DOB: 09/11/1993
Address: House No. 13 Phase II Neelgiri Colony CTO Bairagarh Bhopal (M.P.)
Course: 4th Semester, B.B.A. LL.B
Institution: National Law University Odisha, Cuttack.
Email: 12bba048@nluo.ac.in
Phone: 08763981275

BIO DATA
Name: Aman Pandey
Fathers Name: Mr. Ajay Pandey
DOB: 09/11/1993
Address: MIG -633 Padhmnabhpur, Durg (C.G.); 491001.
Course: 4th Semester, B.B.A. LL.B
Institution: National Law University Odisha, Cuttack.
Email: 12bba009@nluo.ac.in, amanpandey099@gmail.com.
Phone: 09777745371, 07771056425