THE CONSTITUTIONALITY OF CAPITAL PUNISHMENT

JAHNAVI BHUPTANI & DEV SHROFF

STUDENTS OF GUJARAT NATIONAL LAW UNIVERSITY

ABSTRACT 

Given that it is a form of society’s embodiment of the collective conscience’s admonition of the crime, as defined by Durkheim, the practise of meted-out penalties is a crucial component of the criminal justice system. “Punishment regulates all humans; punishment alone maintains them; punishment awakens while their guards are sleeping; the wise see punishment (danda) as the perfection of justice,” [1]according to Manu, who also defines the goal of punishment. Punishment is the harm done to the offender’s person or property that is authorised by the law. Criminal law is awe-inspiring and deterrent because it punishes the perpetrator for the offence they have done.


[1] Administration of Justice: Theories of Punishment