Discretion to Discipline: Rethinking India's Capital Sentencing System: Deciding Fate with Fairness, Not Fluctuation

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.

Pagina's: 96, Paperback, LAP LAMBERT Academic Publishing