The death penalty has long been a common punishment in India, but the main difference between then and today is that it was better organised and carried out on time before. The Hon'ble Courts of India have the power to condemn a criminal to death under Sections 366 & 368 of the CrPC, but how justifiable is the punishment? The research paper attempts to analyse, in light of prominent judgments delivered by the Supreme Court, the issues surrounding the validity of Capital Punishment. The foremost of such issues being ‘Whether the capital punishment is morally and legally justifiable’