The debate on capital punishment continues globally. In India, the death penalty remains valid but only for the “rarest of rare” cases. The Supreme Court has issued several key judgments and guidelines to ensure fair procedure in sentencing, mercy petitions, and executions.

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• India retains death penalty for serious crimes under IPC and special laws.

• Applied only in “rarest of rare” cases as per 1983 Supreme Court ruling.

• Death penalty may apply for offences like murder (IPC 302) and rape (IPC 376A).

• 2013 Criminal Law Amendment allows death penalty for brutal rape causing death.

• Other laws with capital punishment: Sati (Prevention) Act, NDPS Act, and Atrocities Act.

• After confirmation by High Court and Supreme Court, convict can file mercy plea.

• Article 72: President can grant pardon or commute sentence; advised by MHA.

• Delay in mercy decision can justify commutation to life imprisonment.

• Shatrughan Chauhan vs Union of India (2014): SC issued 12 procedural safeguards.

• SC ordered 14-day gap between mercy plea rejection and execution for judicial review.

• Recent SC (Maharashtra vs Pradeep Kokade) directed states to create dedicated cells for mercy petitions.

• States must ensure electronic processing, legal aid, and timely execution procedures.