Does the Death Penalty reduces Crime?

Abstract

India is a rapidly growing leader in every sector, but at the same time crimes are also increasing. To stop and prevent crimes, various legislation has come into force, even though the crime rates are increasing. Different punishments are there to punish the convicts like imprisonment, life imprisonment, death penalty, etc. People have come on the streets whenever a heinous crime took place for demanding the death penalty for the accused whenever heinous crimes took place such as Nirbhaya Rape Case, Disha Rape Case, Nikita Tomar Murder Case, etc. But there was no decrease in crime even after strengthening the laws. This paper analyses whether the death penalty works as a deterrence factor or not. This paper study theories related to crime, i.e. Deterrent theory, and Reformative theory. It also includes the analysis of statistics related to the death penalty. At last, recommendations are given on how the crime rate can be declined. I. INTRODUCTION The death penalty, also known as capital punishment, is the harshest type of punishment available under any criminal statute in effect anywhere in the world. The legal process by which the state exercises its authority to take an individual's life is known as capital punishment. It is awarded for the most heinous and grievous offence. We have seen several times in India that if a crime is highlighted in the media, people take to the streets and demonstrate, demanding that the accused be sentenced to death, claiming that this is the only way to stop/reduce crime. As a result, the criminal amendment act of 2013, as well as the POCSO act of 2012, was enacted with harsher penalties. As a result, the number of cases should have decreased over time, but according to the NCRB, the number of cases rose from 24923 in 20123 to 32033 in 20194. As a result, the question arises: "Does the death penalty reduces crime?" 1 Author is a student at KLE Law College, Bangalore, India. 2 Author is a student at Sai Nirman Junior College, Shirdi, India. 3 National Crime Records Bureau, "Crime in India 2012" 196 (2013). 4 National Crime Records Bureau, "Crime in India 2019" 202 (2020). 2021. International Journal of Integrated Law Review