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Gopinath
Decent attempt, content is fine, you have mentioned some good points.
Introduction is decent, if you can add some stats or facts, it will be better. You can mention that it has been abolished in many countries or mention data related to death penalty in India.
Arguments for are fine, however, rarest of rare doctrine can’t be said to be an argument FOR death penalty, you can mention the Bachan Singh judgement in next part. In arguments for, you can mention the Ravji vs State of Rajasthan case, where the Supreme Court said that it is the nature of the crime and not the criminal which is germane for deciding the punishment. Further, you can talk about plea-bargaining (Fear of capital punishment incentivizes prisoners on death row to help police to get reduced sentence).
In arguments against, most points are mentioned. It is also against human dignity and violative of the inalienable right to life and the issue of discrimination against those belonging to particular caste, religion and class can be mentioned too.
Way ahead is fine.
Since the question exclusively asks for your view, in conclusion you need to take a stand. You can mention Law Commission 262nd report that proposed that the death penalty should be abolished for all crimes excluding terrorism-related offences and war. Until that happens Bachan singh doctrine of rarest of rare can be followed.
Keep practicing. 🙂
Hlloo
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Yogesh
First of all you need to improve your handwriting a bit, examiner won’t put a lot of effort to read if he/she can’t.
Your knowledge of the topic is decent, presentation can be better.
Introduction extends for more than one page, no need to write such long intros.
Just define death penalty, mention the Amnesty data and move on.
Supreme court views have been written well. Bachan Singh case, Jagmohan case are good examples. However, a contradicting view of SC in the Ravji vs State of Rajasthan case, where it held that it is the nature of the crime and not the criminal which is germane for deciding the punishment can also be mentioned.
Arguments against are fine. However, you can mention that it is against human dignity and violative of the inalienable right to life, is discriminatory as mostly poor and marginalized sections are awarded death penalty. Further, there is no statistical proof too of it being a biggest deterrent.
Also, the answer looks incomplete. In arguments in favour, other than retributive justice you could mention Principle of Proportionality; Incentive to help Police etc.
Next , a way forward needs to be mentioned.
Since the question exclusively asks for your view, in conclusion you need to take a stand. You can mention Law Commission 262nd report that proposed that the death penalty should be abolished for all crimes excluding terrorism-related offences and war. Until that happens Bachan singh doctrine of rarest of rare can be followed.
Keep practicing. Try to give proportionate space and attention to all parts of the question. 🙂
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Hello
Good attempt. Your knowledge is good, presentation is also decent.
Introduction is fine.
In next part, main arguments in favour of retaining death penalty have been mentioned. You can also mention that it is according to the will of citizens (most want it retained) and also the fear of capital punishment incentivizes prisoners on death row to help police to get reduced sentence.
Arguments against are also good. Further, restorative and rehabilitative aspects of justice get sidelined and also there have been allegations of it being discriminatory (mostly awarded to poor and marginalized). Mention of Supreme Court judgements are good.
A brief way forward could be mentioned – psycho-social analysis of accused, bringing social reforms, well trained and equipped police system ably supported by fast-track trials to ensure deterrence.
Although you have written a decent conclusion, since the question exclusively asks for your view, in conclusion you need to take a stand. You can mention Law Commission 262nd report that proposed that the death penalty should be abolished for all crimes excluding terrorism-related offences and war. Until that happens Bachan Singh doctrine of rarest of rare can be followed.
Keep practicing. 🙂
7.5/15
Payment order No: 659313
Rao
You have got the crux of the answer correct, but since this is a 15 marker, you need to elaborate a bit more.
Introduction is okay, some stats or facts related to death penalty would improve it.
While talking about SC judgements, you have just mentioned the Bachan Singh case that’s good but some more important judgements could be mentioned. (Machhi Singh vs State of Punjab- the Court indicated that inadequacy of other punishments could justify the death penalty; Mofil Khan vs State of Jharkhand,- “the State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused”.) Contradicting view of court in Ravji vs State of Rajasthan could also be mentioned.
Arguments for and against are fine.
In arguments against, you can mention that it is against human dignity and violative of the inalienable right to life and also there is the issue of discrimination against those belonging to particular caste, religion and class.
A brief way forward could be added-
psycho-social analysis of accused, bringing social reforms, well trained and equipped police system ably supported by fast-track trials to ensure deterrence.
Conclusion is fine.
Keep practicing.🙂
5.5/15
Razorpay Order number – 657091
Hello
Decent attempt. Neat and clean presentation.
Introduction is good. In first line it should be ‘awarded to an accused’…
SC judgements are also well written. Relevant cases are mentioned. Contradicting view taken by the SC in the case of Ravji vs State of Rajasthan, where it held that it is the nature of the crime and not the criminal which is germane for deciding the punishment can be mentioned too.
In arguments for, important points are mentioned- will of the citizens in favour of death penalty and plea-bargaining( helping police in favour of reduced statement) can also be written.
Arguments against are fine too, you can mention that it is against human dignity and violative of the inalienable right to life and also there is the issue of discrimination against those belonging to particular caste, religion and class. (Data can be used to substantiate).
Way forward is decent, but since the question exclusively asks for your view, in conclusion you need to take a stand. You can mention Law Commission 262nd report that proposed that the death penalty should be abolished for all crimes excluding terrorism-related offences and war. Until that happens Bachan Singh doctrine of rarest of rare can be followed.
Keep practicing. 🙂
7.5/15
pay_KZxNayOScriFev
Hello
Decent attempt. Almost all aspects of the question are addressed.
Introduction is good.
SC judgements are also well written. Relevant cases are mentioned. Contradicting view taken by the SC in the case of Ravji vs State of Rajasthan, where it held that it is the nature of the crime and not the criminal which is germane for deciding the punishment can be mentioned too.
In arguments for, important points are mentioned- will of the citizens in favour of death penalty and plea-bargaining( helping police in favour of reduced statement) can also be written.
Arguments against are fine too, you can mention that it is against human dignity and violative of the inalienable right to life and also there is the issue of discrimination against those belonging to particular caste, religion and class.
Good that you have mentioned a way forward, psycho-social analysis of the accused, and faster and efficient investigation in order to prevent misuse can be added.
Conclusion is good. Mention of Law Commission 262nd report that proposed death penalty to be abolished for all crimes excluding terrorism-related offences and war can add weight to your stand.
Keep practicing. 🙂
7.5/15
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Shubham
Introduction is fine. Some data/facts about death penalty will make it better.
In writing pros and cons, good that you have made use of a table.
But, more dimensions could be added.
In arguments for – will of the citizens in favour of death penalty and plea-bargaining( helping police in favour of reduced statement) can also be written. Plus you could mention that it ensures the principle of proportionality.
In arguments against, you can add that it has been alleged to be discriminatory- awarded mostly to poor and marginalized and also it is against human dignity.
Relevant cases are mentioned. Contradicting view taken by the SC in the case of Ravji vs State of Rajasthan, where it held that it is the nature of the crime and not the criminal which is germane for deciding the punishment can be mentioned too.
A brief way forward could be added-
psycho-social analysis of accused, bringing social reforms, well trained and equipped police system ably supported by fast-track trials to ensure deterrence.
Conclusion is good. Mention of Law Commission 262nd report that proposed death penalty to be abolished for all crimes excluding terrorism-related offences and war can add weight to your stand.
Keep practicing. 🙂
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Staff @CD
Alankrit
Good attempt.
Arguments mentioned are good. Introduction-conclusion are fine too. You could mention a brief way forward before conclusion. (Way forward- psycho-social analysis of accused is a good point, other than that can talk about bringing social reforms, well trained and equipped police system ably supported by fast-track trials to ensure deterrence). Law Commission 262nd report that proposed death penalty to be abolished for all crimes excluding terrorism-related offences and war can be mentioned in the conclusion to add weight to your stand.
Arguments for are fine. In arguments against, you could add some points such as against rehabilitative and reformative justice, allegations of selective application against the marginalized section, no statistics to back the deterrence argument etc
Mention of SC judgements is good.
Overall, you have written well, some changes can be made on the above lines.
Keep practicing. 🙂
pay_KaRyPM2bJjqanb Staff@CD
Arjun
Good attempt.
Introduction is good. Good use of data.
Mention of SC judgements is good.
Arguments mentioned are fine. In arguments against, you can add that it has been alleged to be discriminatory- awarded mostly to poor and marginalized.
Add a concluding statement. You can mention Law Commission 262nd report that proposed death penalty to be abolished for all crimes excluding terrorism-related offences and war.
Keep practicing. 🙂
7.5/15
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