REPORT ON DEATH PENALTY IN INDIA

NEWS: A recent annual statistical report on death penalty in India (by a criminal justice research group) shows a major trend. The Supreme Court of India has not confirmed a single death sentence in the last 3 years (2023–2025)

Key data & trends (2016–2025)

• Death sentences by lower courts: 1,310 death sentences awarded by Sessions Courts in the last 10 years, 128 death sentences in 2025 alone
• High Courts: Out of 1,310 cases: 842 cases reached High Courts: Only 70 confirmed (≈ 8.31%),285 acquitted, 411 commuted to life imprisonment
• Supreme Court: 37 death penalty cases decided, 15 acquittals, 14 commutations, 0 confirmations in last 3 years

The report highlights:

• High probability of error at trial stage: Errors at Sessions Court level
• Long suffering of death row prisoners: As of Dec 31, 2025, 574 prisoners on death row

Supreme Court guidelines (earlier cases)

The SC has clearly mandated:

• Separate sentencing hearing
• Psychological evaluation
• Prison conduct reports
• Mitigating circumstances
• These safeguards were strengthened and linked to fair trial rights

Life imprisonment replacing death penalty

• The report notes: Growing preference for life imprisonment without remission
• Used as an alternative to death penalty
• This reflects: Judicial discomfort with capital punishment

Broader constitutional & governance implications

• Article 21 → life, dignity, due process
• “Procedure established by law” must be just, fair, and reasonable
• Rarest of Rare doctrine: Death penalty allowed only in exceptional cases
• Criminal justice reform: Better training of trial judges, Stronger legal aid, Sentencing guidelines