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The IUP Journal of Law Review :
Death Penalty in a Fallible Criminal Justice System
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The existence of a punishment such as Death Penalty in contemporary India presupposes a blameless, unmarred Criminal Justice System. When a court decides to take the life of a human being, with the intention to punish for a wrong deed, it assumes that all the chains in the machinery that led to the conviction of this man are faultless. Through this paper, the authors aim to analyze the procedures of criminal justice that take place in our country. The purpose of this paper is to understand whether this brutal punishment relies on a system that is just, fair and dependable. The authors introduce their stance on the issue with the help of a contemporary Indian case. Then, the processes of investigation and collection of evidence by the police are scrutinized. Further, decisions of the judiciary are analyzed to develop an understanding of the methods of the judiciary. Later, the final stage of criminal justice, the executive clemency, is broadly analyzed. Once the system that awards this punishment is scrutinized, the authors attempt to prove the alleged brutality of the punishment by analyzing its impact.

 
 
 

In January 2013, the Trial Court of Honorable Justice Pawan Jain acquitted Mohammad Hussain, a Pakistan national of all charges, after eight years of being on death row.1 This case of Mohammad Hussain or the Delhi Bus Blast Case of 1997 correctly depicts the reality of our criminal justice system. For a long time after the blast, the police made no headway towards solving the case and remained absolutely clueless. Suddenly, two months after the blast, the police received some ‘secret information,’ on the basis of which Mohammad Hussain was eventually arrested. He was charged with criminal conspiracy, murder and under the Explosive Substances Act, 1906.

 
 
 

Law Review Journal,The Rarest of the Rare Doctrine,Application of the Wrong Law, The Impact of the Death Penalty, The ‘Public Conscience’.