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Report No. 262

C. Need for re-examining the 35th Report

1.3.1 The Commission's conclusion in the 35th Report that "at the present juncture, India cannot risk the experiment of abolition of capital punishment,"10 and its recommendation that "capital punishment should be retained in the present state of the country,"11 were clearly dependent on, and qualified by, the conditions that prevailed in India at that point in time. A great deal has changed in India, and indeed around the world, since December 1967, so much so that a fresh look at the issue in the contemporary context has become desirable. Six factors require special mention.

10. Law Commission of India, 35th Report, 1967, at para 1 (Summary of Main Conclusions and Recommendations), available at
http://lawcommissionofindia.nic.in/1-50/Report35Vol1and3.pdf (last viewed on 7.08.2015).

11. Law Commission of India, 35th Report, 1967, at para 1 (Summary of Main Conclusions and Recommendations), available at
http://lawcommissionofindia.nic.in/1-50/Report35Vol1and3.pdf
(last viewed on 7.08.2015).



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