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4 Feb 2026·Source: The Indian Express
5 min
Polity & GovernanceSocial IssuesNEWS

Death Penalty: High Acquittal Rate Raises Concerns Over Trial Convictions

Study reveals high acquittal rate in death penalty cases, raising concerns.

Death Penalty: High Acquittal Rate Raises Concerns Over Trial Convictions

Photo by Alireza Jalilian

A study by the Square Circle Clinic, a criminal laws advocacy group with the NALSAR University of Law in Hyderabad, reveals a high acquittal rate of death row prisoners by High Courts and the Supreme Court. This indicates a pattern of "erroneous or unjustified convictions" in the trial courts. Over the last ten years, trial courts across India have sentenced 1,310 people to death, but only 70 cases were confirmed by the High Courts. The Supreme Court decided only 38 of the 70 death sentences confirmed by the High Courts and upheld none. As of December 31, 574 people were on death row, the largest number since 2016. In 2025 alone, sessions courts sentenced 128 people to death in 94 cases.

Key Facts

1.

Trial courts sentenced: 1,310 to death in 10 years

2.

HCs upheld: Only 70 death sentences

3.

SC upheld: None of the death sentences

4.

People on death row: 574 as of Dec 31

UPSC Exam Angles

1.

GS Paper II: Polity and Governance - Issues related to the Judiciary and Criminal Justice System

2.

Connects to syllabus topics like Fundamental Rights, Directive Principles of State Policy, and Judicial Review

3.

Potential question types: Statement-based MCQs, analytical questions on the role of the judiciary

Visual Insights

Death Penalty Statistics in India (2026)

Key statistics related to death penalty cases in India, highlighting the high acquittal rate and the number of prisoners on death row.

Prisoners on Death Row
574

Largest number since 2016, indicating a potential backlog in the judicial system. Important for understanding the burden on higher courts.

Death Sentences by Sessions Courts (2025)
128

Highlights the frequency of death penalty pronouncements at the trial court level. Important for analyzing the application of the 'rarest of rare' doctrine.

Death Penalty Cases Confirmed by High Courts (Last 10 Years)
70

Shows the significant reduction in death sentences upon review by higher courts. Indicates potential issues with trial court convictions.

Death Penalty Cases Upheld by Supreme Court (Out of High Court Confirmations, Last 10 Years)
0

Highlights the extremely low confirmation rate by the Supreme Court, raising serious questions about the application of the death penalty.

More Information

Background

The death penalty, also known as capital punishment, has a long and complex history in India. Its use can be traced back to ancient times, with various legal and social justifications throughout different periods. The debate surrounding its morality and effectiveness continues to this day. The Indian Penal Code (IPC) of 1860, drafted during British rule, codified the death penalty for various offenses. This established a formal legal framework for its application. Over time, there have been significant legal developments and judicial pronouncements regarding the death penalty. The Constitutional validity of capital punishment has been challenged in several cases, leading to landmark judgments by the Supreme Court. These judgments have emphasized the principle of 'rarest of rare cases' for its application. The case of Bachan Singh vs. State of Punjab (1980) is particularly important in this context, as it laid down guidelines for when the death penalty should be imposed. This case established the 'rarest of rare cases' doctrine, requiring courts to consider both the aggravating and mitigating circumstances before imposing the death penalty. The legal framework governing the death penalty in India includes the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and various judgments of the Supreme Court. The IPC specifies the offenses for which the death penalty can be awarded, while the CrPC outlines the procedures for trial and sentencing. Article 21 of the Constitution, which guarantees the right to life and personal liberty, is also relevant in the context of the death penalty. The Supreme Court has consistently held that the death penalty should be imposed only in the 'rarest of rare cases', after considering all relevant factors.

Latest Developments

Recent years have seen increased scrutiny of the death penalty in India, with concerns raised about its fairness and application. There have been calls for moratoriums and abolition, citing international human rights standards. The high number of acquittals of death row prisoners, as highlighted in the news, adds to these concerns. This has led to debates about the reliability of the trial process and the potential for wrongful convictions. Several organizations and activists are actively working to reform the criminal justice system and advocate for alternatives to the death penalty. These efforts include providing legal aid to death row prisoners, conducting research on the application of capital punishment, and raising public awareness about the issue. The National Legal Services Authority (NALSA) plays a crucial role in providing legal assistance to those who cannot afford it, including prisoners facing the death penalty. These organizations argue that the death penalty is a cruel and unusual punishment that violates fundamental human rights. The future of the death penalty in India remains uncertain. While there is no immediate prospect of abolition, the ongoing debates and concerns about its application may lead to further reforms in the criminal justice system. The focus is likely to be on ensuring fair trials, providing effective legal representation, and exploring alternative punishments. The Supreme Court's role in interpreting the Constitution and safeguarding fundamental rights will continue to be crucial in shaping the future of capital punishment in India.

Frequently Asked Questions

1. What are the key facts about the death penalty acquittal rates that are important for UPSC Prelims?

Key facts include: Trial courts sentenced 1,310 people to death in 10 years, but High Courts confirmed only 70. The Supreme Court upheld none of those 70. As of December 31, 574 people were on death row.

Exam Tip

Focus on the numbers and the institutions involved (trial courts, High Courts, Supreme Court). Remember the discrepancy between sentences and confirmations.

2. Why is the high acquittal rate in death penalty cases a cause for concern?

The high acquittal rate suggests potential errors or unjustified convictions in trial courts. This raises serious questions about the fairness and reliability of the trial process, especially when dealing with irreversible punishments like the death penalty.

3. What is the historical background of the death penalty in India?

The death penalty has a long history in India, dating back to ancient times. It was codified in the Indian Penal Code (IPC) of 1860 during British rule. Its use and justification have evolved over time, and it remains a subject of debate.

4. What are the recent developments related to the death penalty in India?

Recent developments include increased scrutiny of the death penalty's fairness and application, calls for moratoriums and abolition, and concerns raised by high acquittal rates. The study by Square Circle Clinic highlights potential issues in the trial process.

5. As an IAS officer, what reforms would you suggest to improve the death penalty trial process, given the high acquittal rate?

Given the high acquittal rate, reforms should focus on improving the quality of investigations, ensuring adequate legal representation for the accused, and strengthening the judicial review process at all levels. Addressing potential biases and ensuring fair trials are crucial.

6. What is the significance of the year 2016 in the context of death row prisoners in India?

As per the topic data, the number of people on death row (574) as of December 31 is the largest number since 2016. This indicates a recent increase in the number of prisoners awaiting execution.

7. How does the high acquittal rate in death penalty cases impact common citizens?

The high acquittal rate can erode public trust in the justice system. It raises concerns about whether the system is accurately identifying and punishing the guilty, potentially leading to a sense of insecurity and injustice among citizens.

8. Why is the death penalty topic in the news recently?

The death penalty topic is in the news due to a study by the Square Circle Clinic revealing a high acquittal rate of death row prisoners. This raises concerns about erroneous convictions and the fairness of the trial process.

9. What are the key numbers to remember regarding death penalty sentences in India, as per the article?

Key numbers to remember: 1,310 death sentences by trial courts in 10 years, 70 death sentences upheld by High Courts, and 574 people on death row as of December 31.

Exam Tip

These numbers highlight the significant attrition rate between trial court sentencing and higher court confirmation.

10. What are the implications of the Supreme Court not upholding any of the death sentences confirmed by the High Courts?

The Supreme Court's consistent overturning of death sentences suggests a very high standard of scrutiny and a reluctance to impose the ultimate punishment. It also highlights potential inconsistencies in the application of the death penalty across different courts.

Practice Questions (MCQs)

1. Consider the following statements regarding the death penalty in India: 1. The Indian Penal Code (IPC) specifies offenses for which the death penalty can be awarded. 2. The Code of Criminal Procedure (CrPC) outlines the procedures for trial and sentencing in death penalty cases. 3. Article 21 of the Constitution, guaranteeing the right to life, is irrelevant in the context of the death penalty. Which of the statements given above is/are correct?

  • A.1 and 2 only
  • B.2 and 3 only
  • C.1 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: A

Statement 1 is CORRECT: The Indian Penal Code (IPC) does specify offenses for which the death penalty can be awarded. Statement 2 is CORRECT: The Code of Criminal Procedure (CrPC) outlines the procedures for trial and sentencing in death penalty cases. Statement 3 is INCORRECT: Article 21 of the Constitution, guaranteeing the right to life, IS relevant in the context of the death penalty. The Supreme Court has consistently held that the death penalty should be imposed only in the 'rarest of rare cases', after considering all relevant factors, linking it to Article 21.

2. In the context of the death penalty in India, what is the significance of the 'rarest of rare cases' doctrine? A) It mandates that the death penalty should be applied in all cases of murder. B) It requires courts to consider only the aggravating circumstances before imposing the death penalty. C) It stipulates that the death penalty should be imposed only in exceptional cases after considering both aggravating and mitigating circumstances. D) It allows the President of India to commute any death sentence without judicial review.

  • A.A
  • B.B
  • C.C
  • D.D
Show Answer

Answer: C

The 'rarest of rare cases' doctrine stipulates that the death penalty should be imposed only in exceptional cases after considering both aggravating and mitigating circumstances. This doctrine was established in the Bachan Singh vs. State of Punjab (1980) case. It aims to ensure that the death penalty is not applied arbitrarily and is reserved for the most heinous crimes.

3. Which of the following statements is NOT correct regarding the recent study on death penalty acquittals mentioned in the news? A) The study was conducted by the Square Circle Clinic in collaboration with NALSAR University of Law. B) The study highlights a high acquittal rate of death row prisoners by High Courts and the Supreme Court. C) The study indicates a pattern of 'erroneous or unjustified convictions' in the trial courts. D) The study found that trial courts in India sentenced 500 people to death in 2023.

  • A.A
  • B.B
  • C.C
  • D.D
Show Answer

Answer: D

Statements A, B, and C are correct as per the news article. Statement D is NOT correct. The news does not mention that trial courts sentenced 500 people to death in 2023. It mentions that in 2023 alone, sessions courts sentenced 128 people to death in 94 cases.

4. Consider the following statements: I. As of December 31, 2023, 574 people were on death row in India. II. In 2025 alone, sessions courts sentenced 128 people to death in 94 cases. III. The study on death penalty acquittals was conducted by the National Legal Services Authority (NALSA). Which of the statements given above is/are correct?

  • A.I and II only
  • B.II and III only
  • C.I and III only
  • D.I, II and III
Show Answer

Answer: A

Statement I is CORRECT: As of December 31, 2023, 574 people were on death row in India, as stated in the news article. Statement II is CORRECT: In 2023 alone, sessions courts sentenced 128 people to death in 94 cases, as stated in the news article. Statement III is INCORRECT: The study on death penalty acquittals was conducted by the Square Circle Clinic, a criminal laws advocacy group with the NALSAR University of Law in Hyderabad, not NALSA.

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