A STUDY ON DELAY IN EXECUTION OF DEATH SENTENCE IN INDIA: LEGAL AND CONSTITUTIONAL PERSPECTIVES

The death penalty remains one of the most debated aspects of criminal jurisprudence in India. While it is constitutionally valid, its application is restricted to the “rarest of rare” cases as laid down by judicial precedent. However, even after final confirmation by the Supreme Court, significant delays occur in the execution of death sentences. These delays raise serious constitutional, human rights, and procedural concerns. The phenomenon of delay in execution is not merely administrative but has deep implications on the rights of convicts under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. Prolonged uncertainty on death row leads to mental agony and psychological trauma, often referred to as “death row phenomenon.” This study examines the legal and constitutional framework governing death penalty execution in India and analyzes the causes, consequences, and judicial responses to delays.