Death Penalty & Death Penalty Report 2023

The Annual Death Penalty Report 2023 by Project 39A reveals a decline in confirmations of death sentences in India, with only one case confirmed out of 57 disposed by High Courts in 2023. This is the lowest yearly confirmation tally in over two decades. The report also highlights gaps in investigation diligence, sentencing rationale, and reform inertia. With 561prisoners already on death row and 120 death sentences handed down by trial courts, the high volume caseload likely overwhelmed appeal capacities, resulting in a 15% fall in disposal rates. The report calls for conscious reform by police, prosecutors, and judges, emphasizing empathy, ethics, and progressiveness.

About Death Penalty

The death penalty is carried out by shooting or hanging in India. The capital punishment was first applied to a convict named Nathu Ram Godse, and the Apex Court recommended that it be reserved for extremely rare circumstances. Both The Army Act and the Air Force Act contain provisions for the death penalty. Section 34 of The Air Force Act, 1950 gives court-martial authority to anyone breaking the law. The Law Commission of India recommended in its 262nd Report of 2015 that all crimes be exempt from the death penalty, with the exception of those pertaining to terrorism and war. Articles 72 and 161 of the Indian Constitution allow prisoners to petition the President and the Governor of State for mercy.

Confirmation of death sentences in 2023:

– Only 1 death sentence confirmed by High Courts in 2023 - lowest since 2000

– Supreme Court did not confirm any death sentences

– Significant drop of 15% in disposal of death sentence cases by High Courts compared to 2022

Death row population in 2023:

– 45.71% increase in number of prisoners under death sentence since 2016

– 561 prisoners on death row by end of December 2023 - highest in nearly 2 decades

Nature of crimes for death sentences:

– Majority cases involving homicidal rapes - over 50% of 120 death sentences by lower courts

Concerns highlighted:

– Acquittals and criticism of investigations by Supreme Court indicate negligence in police inquiries and poor evidence analysis

– 86.96% death sentences imposed without any background information on accused

– Issues in following procedures and guidelines laid out by courts

Global context:

– Growing international momentum to abolish or reduce scope of death penalty

– Contrasting moves in India to increase crimes eligible for capital punishment

Key takeaways:

– Dip in confirmation of death sentences by higher courts concerning

– Systemic gaps persist around quality of investigations and sentencing rationale

– Urgent need for judicial reforms introducing empathy, ethics and progressiveness