have support from the society or power of money. The death penalty is subjective in nature and is near to impossible deciding each case fairly or rationally. The Courts have in various cases worked on their fancies and arbitrarily imposed this most extreme punishment. It is also argued that the concept works in contrast to the rehabilitation criminal justice system adopted by India [19]. Further, it has also been argued that it is per se cruel, irrespective of its utility or its deterrent effect. On the other hand, it has been argued that state-sanctioned death penalty acts as a catalyst to promote the law and the fear of law which acts as a deterrent to future offenders. There is also a push to help the victims and to follow the retribution model of punishment. Systemic issues The concept of the death penalty as understood by a layman is sentencing and execution. By what goes unnoticed is the wide gap between the provisions of law and the realities of its enforcement. The whole process is vulnerable to a large number of systematic and structural impediments. The flagrant violations of even the most basic protections like those against torture and self-incrimination, along with the systemic inability to provide for competent representation or to undertake effective sentencing procedures in capital cases make it extremely clear that the crisis in our criminal justice system has translated. The quality of legal representation has emerged as an extremely serious concern. The absence of any real communication with their lawyers, courtroom proceedings that they do not understand, and no real knowledge of progress in their case at the appellate stages increase the suffering of prisoners on death row. Issues in criminal justice system Constitutional and legal protections such as The Constitution of India, The Code of Criminal Procedure, The Evidence Act protect an individual from arbitrary powers of the state. However, despite these the rights are unchecked and are repeatedly violated. Few forms of such violation are custodial torture, fabrication of evidence, abuse of Section 27 of the Evidence Act. Legal representation It has been acknowledged by the judges that the legal aid system has not satisfactory and expressed concerns about the disparate impact of the system on socio-economically marginalised persons. There exists a strong connection between poverty and the quality of legal representation. This deepens the crisis of the criminal justice system. The legal aid system