Recently, National Law University (NLU), Delhi’s Project 39A published the fourth edition of their report, ‘The Death Penalty in India: Annual Statistics’. The report highlights a concerning trend in India’s legal system – an increasing number of death sentences being awarded in cases relating to sexual offences.
Examining Key Data on Death Sentences for Murder Involving Sexual Offences
According to the report, the number of death sentences given for murders involving sexual offences in 2019 was the highest it has been in four years. In 2019, trial courts handed down 102 death sentences which, while lower than the previous year’s 162, was significant because the percentage of sexual offences in these cases rose from 41.35% in 2018 to 52.94% in 2019.
Death Sentence Confirmations in High Courts and Supreme Court
The upward trend was not restricted to trial courts. High Courts confirmed that 65.38% of death sentence cases were related to sexual offences combined with murder. The Supreme Court had its busiest year since 2001 in dealing with capital punishment cases. Out of 27 cases handled, it upheld the death penalty in seven, four of which involved murder and sexual offences. Another 17 death penalty cases were commuted.
An Overview of Death Warrants Issued
Six death warrants were issued in 2019, a significant rise from a single one in 2018. It is worth noting that all these warrants were eventually stayed by the courts. However, this indicated a lack of compliance with guidelines set forth in the case of Shabnam vs Union of India (2015).
Important Facts in Recent Years
| Year | Death Sentences Imposed by Trial Courts | Percentage of Sexual Offences |
|---|---|---|
| 2019 | 102 | 52.94% |
| 2018 | 162 | 41.35% |
Contributing Factors to the Increase in Death Sentences for Sexual Offences
The report pointed out several factors contributing to this increased focus on sexual offences. One key influence was the amendment to the Protection of Children from Sexual Offences (POCSO) Act, which introduced sterner mandatory minimum punishments and the death penalty for penetrative sexual assault on children.
Andhra Pradesh’s decision to amend the Indian Penal Code and incorporate the death penalty for rape under the Disha Act is also considered pivotal. Widespread public discussions on capital punishment in 2019 involving sexual offences against women and children contributed to the trend as well.
About National Law University and Project 39A
The National Law University was established in 2008, under the National Law University Act, 2007. It is committed to delivering a comprehensive and interdisciplinary legal education. Project 39A derives its name from Article 39-A of the Indian Constitution, supporting equal justice and opportunity by eliminating economic and social barriers. By harnessing empirical research to question practices in the criminal justice system, Project 39A aims to stimulate novel dialogues on legal aid, torture, DNA forensics, mental health in prisons, and, notably, the death penalty.
Last Modified: February 7, 2024