capital punishment should be abolished or not. The issue has been tirelessly debated on national as well as international level but nothing conclusive has come out till now. No doubt the problem is of serious nature but the difficulty involved should not deter us from venturing into the pros and cons involved in question the opinion of intellectual such as legal philosopher ,Jurists, Judges, and other social scientists stands divided.
The Indian Jurisprudence is the blend of reformative and deterrent theories. While the punishment are to be imposed to deter the offenders, it is also inalienable part of Indian panel jurisprudence that the offender should be given opportunity for the reformation. Bearing in mind these fundamental tenets, the legislatures drafted section 354(iii) of the CRPC. This subsection basically lays down that special reason are to be recorded by the court for imposing death punishment in capital offences. Thus, the position of law after CRPC 1973 became the general rule was life imprisonment while the death sentence was to be imposed only in special cases the state clearly has no absolute right to put its subjects to death although, off course, almost all countries do so in some form or other. A majority of a state's subjects may wish to confer the right to pull certain classes of criminals to death through referendum or voting in a smart panel of brilliant personality(eg.doctors,Engineers,Psychiatrist,psychologist,
Retired Judges etc) favouring capital punishments.Majority opinion in many democratic countries , is still in favour of the death penalty.It is reasonably to assume that if a majority is in favour of a particular thing in democracy, there wishes should be seriously considered with equal consideration given to hit down side of there view.
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