Abstract: “Capital punishment or death penalty is the highest punishment awarded in the criminal jurisprudence. Many nations around the globe has abolished the capital punishment or the death penalty but in India capital punishment has been debatable in the supreme court of India and the supreme court of India which is the highest court of the country has favored the retaining of death sentence due to many reasons discussed in this research paper. Rasha alias Raghurajsingh, executed on 09th of September 1947 at Jabalpur central jail, is presumed to be the first person executed in independent India. Rattan bhai jain, the first women executed in independent India, was hanged on 03 January 1955 at Tihar jail. Rattan bai jain was hanged in 1955 for poisoning three girls and killing them. Life is precious and same is protected by article 21 of the Indian constitution, inIndia the person can be deprived of his life and personal liberty by the procedure established by the law.