Like other forms of punishment, application of the death penalty is subject to human fallibility. However, unlike other forms of punishment, the death penalty is irrevocable. These two factors make the outcome intolerable.
Former Supreme Court Chief Justice P N Bhagwati wrote: "The possibility of error in judgement cannot therefore be ruled out on any theoretical considerations. It is indeed a very live possibility and it is not at all unlikely that so long as [the] death penalty remains a constitutionally valid alternative, the court or the State acting through the instrumentality of the court may have on its conscience the blood of an innocent man".
Consider for example the case of Kehar Singh, who was executed for taking part in the assassination of former Prime Minister Indira Gandhi. It is now widely recognized that Kehar Singh's sentence was based on weak, circumstantial evidence. Today, even the judge who passed his sentence questions the accuracy of the judgement.
