ANNUAL STATISTICS

This is the seventh edition of the Death Penalty in India: Annual Statistics Report. This annual publication presents changes in the death row population as well as political and legal developments in the administration of the death penalty in India each year. The statistics are compiled through a combination of data mining of court websites, media monitoring and Right to Information applications.

Access the 2022 Report HERE

Previous reports are available as well: [2021] [2020] [2019] [2018] [2017] [2016].

Introduction

In 2022, 165 death sentences were imposed by trial courts, which is the highest in a single year since 2000. As on 31st December 2022, 539 prisoners were living on death row. This represents the largest death row population since 2004, as per data published by the National Crime Records Bureau.

STATISTICS

Sessions Courts

Death sentences in 2021

146

Death sentences in 2022

165 High Courts

Confirmations

Commutations

Acquittals

REMITTED

4 (4)

51 (39)

40 (19)

6 (6)

Supreme Court

Confirmations

Commutations

Acquittals

REMITTED

2 (2)

7 (5)

5 (3)

0

DEVELOPMENTS IN THE LAW

For the first time since Bachan Singh v. State of Punjab (1980), the Supreme Court has convened a Constitution bench to reconsider the framework for death penalty sentencing, in acknowledgement of gaps in the present system. Recognizing the lack of evidence on mitigating circumstances at trial courts (and the resulting disadvantage for the accused), the Supreme Court laid down guidelines obliging trial courts to ensure that evidence for offender related circumstances are brought on record before imposing death sentences.

INTERNATIONAL DEVELOPMENTS

Papua New Guinea, the Central African Republic and Equatorial Guinea have abolished the death penalty, whereas Zambia and Malaysia have initiated the process to abolish the same. At the end of 2022, 113 countries had abolished the death penalty.

125 countries voted in favour of a moratorium on the death penalty at the United Nations General Assembly on 15 December 2022, with India voting against the same.