This research is centered on examining the penological perspective of the implementation of the principle of capital punishment. The imposition of death penalty is inherently a grave and weighty issue. This paper aims to provide a complete analysis of the many settings in which the death penalty is employed, with a specific focus on highlighting the shortcomings associated with the "rarest of the rare" approach. This study will also examine how the Bachan Singh and Machhi Singh case has set the framework for death penalty in India and how there have been deviations from this preset. The paper aims to highlight how death penalty prevails in India and is inconsistent in application.