ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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The Myth of ‘Collective Conscience’

India’s legal doctrine of “collective conscience” cannot be traced back to the original concept as propagated by French sociologist Emile Durkheim. The consistency with which this concept has been used by the Indian judiciary while imposing the death sentence, compels us to contemplate how it has been applied. An attempt is made in this article to present the flaws in the concept of collective conscience and in its application in India.
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