In an era where the human rights activists are fighting for the abolishing capital punishment terming it as 'inhumane', courts revert to this punishment as a matter of last resort and plenty of safeguards have been put in place. The sentence passed by the trial court has to confirmed by the high court. The decisions of the lower court can go into appeal to the apex court and the decision of the court is final and binding over all courts throughout the territory of the country [1] and the decision of the Supreme Court cannot be challenged before any other court. Article 21 of our constitution gives the right to life to every person which cannot be taken away except by procedure established by law and Constitutional courts in India are the ultimate guardians of this right. Capital Punishment has always been seen as an attack on the right to life and voices have been raised again and again labeling capital punishment as ‘barbaric’ and ‘inhumane’ which should be done away