Annual Death Penalty Report 2023

The Annual Death Penalty Report 2023 titled “Death Penalty in India: Annual Statistics 2023” by Project 39A has revealed that Indian appellate courts confirmed only 1 out of the 18 cases involving the death penalty in 2022. This reflects the lowest number of death sentence confirmations by higher judiciary in over two decades.

Understanding Project 39A

Project 39A is a formal criminal justice program associated with the National Law University Delhi. It undertakes litigation, research and engagements on issues of justice including death penalty, forensics, torture and wrongful prosecutions.

Key Highlights of the Report

Some of the key highlights about death penalty sentencing as per the exhaustive report are:

• Only 1 out of 18 death penalty verdicts was upheld by appellate courts including High Courts and Supreme Court in 2022. This is the lowest confirmation rate since 2000.
• In 17 out of 18 cases involving capital punishment, the death sentence was either commuted to life or the accused was acquitted.
• Trial courts however had awarded death sentence to 37 persons last year reflecting a 92% variation from confirmations.
• Over the past five years, trial courts awarded 228 death sentences of which 209 (92%) were eventually altered by appellate courts.
• Maximum commutations came for offences like murder, dowry deaths and rape reflecting flawed application of ‘rarest of rare’ principle for awarding death.

Report Key Trends

Declining Executions Since 2000

• 97 executions conducted in 1995-1999
• Only 1 execution per year between 2000-2005
• 5 executions carried out from 2006 to 2022
• Latest execution was 5 years back in 2017
• 2 secret executions done during Covid, violating global norms
• Growing commutations by higher courts amid falling executions

Maximum Death Sentences for Murder

• 45% (102) death sentences involved murder (IPC S. 302) from 2018-2022
• Followed by 32 sentences under IPC S. 376D for extreme sexual crimes
• 26 sentences under Arms Act and UAPA/terror laws
• Almost 50% murder and rape death sentences commuted by High Courts and Supreme Court
• Doubtful application of “rarest of rare” principle in these cases

Breakup of Death Sentences by Trial Courts

• Murder (S.302 IPC) – 102
• Gangrape of Minor Girl (S.376D IPC) – 32
• Dowry Death (S.304B IPC) – 14
• Rape and Murder (S.376A IPC) – 8
• Arms Act – 12
• UAPA/Terror Laws – 14
• Others – 46
• Total – 228

Overturning of Death Sentences

• 92% (209 out of 228) death sentences commuted by higher courts
• 75% commutations for murder, gangrape and dowry deaths
• Reflects faulty application of death sentence by lower courts
• Reiterates death only in rarest situations as per Supreme Court

Way Forward

The Annual Death Penalty Report by Project 39A is considered the most authoritative document on death sentencing trends in India. The 2023 report shows Indian trial courts awarded 228 death sentences from 2018-2022. However, 209 (92%) were commuted by higher courts.

Key Findings

• Annual Death Penalty Report 2023 shows flawed application of “rarest of rare” principle by trial courts
• 75% commutations involved murder, rape and dowry deaths – offences not warranting automatic capital punishment
• Corrections by higher judiciary exhibits evolution of criminal justice system
• Highlights need for better training of lower court judges on death sentencing norms
• 1980 Bachan Singh case guidelines not correctly applied in many cases
• With sentencing reform, erroneous death penalties from trial courts expected to decline
• Justifies India’s stance of not abolishing death penalty fully.