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4 Feb 2026·Source: The Hindu
6 min
Polity & GovernanceSocial IssuesNEWS

Supreme Court's Death Penalty Stance: Acquittals Rise, Concerns Persist

SC hasn't upheld death penalty in 3 years; acquittals raise concerns.

Supreme Court's Death Penalty Stance: Acquittals Rise, Concerns Persist

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The Supreme Court has not confirmed a single death penalty in the last three years. This is according to an annual statistics report by the Square Circle Clinic at NALSAR University of Law, Hyderabad. In 2025, the apex court acquitted 10 death row prisoners. This is the highest number of such acquittals in the past decade. The report examined death penalty trends over the past 10 years. It found that sessions courts handed down 1,310 death sentences between 2016 and 2025. In 2025 alone, lower courts sentenced 128 individuals to death. Of the 842 verdicts handed down by High Courts, only 8.31% were confirmed. High Courts acquitted 285 people and commuted 411 death sentences. As of December 31, 2025, India had 574 prisoners on death row. The average time spent on death row before acquittal was over five years. The report also highlights procedural violations at the sentencing stage. Nearly 95% of death sentences in 2025 were imposed without compliance with guidelines laid down by the Supreme Court in Manoj vs State of Madhya Pradesh. These guidelines mandate psychological evaluations and mitigation hearings.

Key Facts

1.

SC: No death penalty upheld in 3 years

2.

2025: SC acquitted 10 death row prisoners

3.

2016-2025: 1,310 death sentences by sessions courts

4.

December 31, 2025: 574 on death row

5.

95% death sentences: Violated SC guidelines

UPSC Exam Angles

1.

GS Paper II: Polity and Governance - Judicial pronouncements and their impact on fundamental rights

2.

GS Paper II: Social Justice - Vulnerable sections of the population and their access to justice

3.

Potential for questions on the evolution of death penalty jurisprudence in India

Visual Insights

Key Death Penalty Statistics (2025)

Dashboard highlighting key statistics related to death penalty trends in India.

Death Sentences by Lower Courts
128

Shows the number of death sentences imposed at the trial court level.

High Court Confirmation Rate
8.31%

Indicates the percentage of death sentences confirmed by High Courts.

Death Row Prisoners
574

Total number of prisoners awaiting execution as of December 31, 2025.

Death Sentences Without Guidelines Compliance
95%

Percentage of death sentences in 2025 imposed without following Supreme Court guidelines.

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 religious texts prescribing it for a range of offenses. The debate surrounding its morality and effectiveness continues to this day. The Constitution of India does not explicitly prohibit the death penalty, but it does guarantee the fundamental right to life and personal liberty under Article 21. This right is subject to due process of law, which has been interpreted by the Supreme Court to mean that the death penalty should only be imposed in the 'rarest of rare cases'. Over the years, the Supreme Court has laid down several guidelines to ensure that the death penalty is not imposed arbitrarily. In the landmark case of Bachan Singh vs. State of Punjab (1980), the Court established the 'rarest of rare' doctrine. This doctrine requires courts to consider both the aggravating and mitigating circumstances of the crime and the criminal before imposing the death penalty. Subsequent judgments have further refined these guidelines, emphasizing the need for a fair and just sentencing process. The concept of judicial review plays a crucial role in ensuring that these guidelines are followed and that the death penalty is not imposed in violation of fundamental rights. The legal framework governing the death penalty in India is primarily found in the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). The IPC specifies the offenses for which the death penalty can be imposed, such as murder, terrorism, and waging war against the state. The CrPC outlines the procedures for trial and sentencing in such cases. The President of India also has the power to grant pardons, reprieves, respites, or remissions of punishment, including the death penalty, under Article 72 of the Constitution. This power is exercised on the advice of the Council of Ministers.

Latest Developments

Recent years have seen a growing debate on the use of the death penalty globally and in India. International human rights organizations like Amnesty International have called for its abolition, arguing that it is a cruel and inhuman punishment. There has been increased scrutiny of the fairness and effectiveness of the death penalty, with concerns raised about wrongful convictions and the disproportionate impact on marginalized communities. The National Law University (NLU) and other legal institutions have been actively involved in researching and analyzing death penalty cases, contributing to the ongoing discourse. The Supreme Court's recent reluctance to confirm death sentences reflects a growing awareness of the need for greater caution and due process in capital punishment cases. The emphasis on compliance with guidelines laid down in Manoj vs State of Madhya Pradesh highlights the importance of psychological evaluations and mitigation hearings in ensuring a fair sentencing process. The rising number of acquittals of death row prisoners also indicates a more rigorous review of cases by the higher courts. The role of NITI Aayog and other government bodies in promoting criminal justice reforms is also becoming increasingly important. Looking ahead, it is likely that the debate on the death penalty will continue, with calls for greater transparency and accountability in the criminal justice system. The focus will likely be on ensuring that the death penalty is only imposed in the 'rarest of rare cases' and that all procedural safeguards are followed. The Law Commission of India has also periodically reviewed the death penalty, and its recommendations could influence future policy decisions. The increasing emphasis on restorative justice and alternative sentencing options may also lead to a gradual decline in the use of the death penalty.

Frequently Asked Questions

1. What are the key facts about the Supreme Court's stance on the death penalty as highlighted in the recent report for UPSC Prelims?

The key facts for Prelims are that the Supreme Court hasn't confirmed any death penalty in the last three years. In 2025, it acquitted 10 death row prisoners. Also, remember that as of December 31, 2025, there were 574 prisoners on death row in India.

Exam Tip

Focus on the numbers: 3 years (no confirmation), 10 acquittals in 2025, and 574 prisoners on death row. These are easy to frame into factual MCQs.

2. Why is the Supreme Court's recent trend of acquitting death row prisoners important?

The rising number of acquittals raises concerns about the fairness and due process in the lower courts' handling of death penalty cases. It highlights the possibility of wrongful convictions and the need for stricter adherence to Supreme Court guidelines by lower courts. According to the report, 95% of death sentences violated SC guidelines.

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

The death penalty has a long and complex history in India, dating back to ancient times. Various legal and religious texts prescribed it for a range of offenses. The Constitution of India does not explicitly prohibit the death penalty, but it guarantees the fundamental right to life and personal liberty, leading to ongoing debates about its morality and application.

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

Recent developments include a growing debate on the use of the death penalty, both globally and in India. Organizations like Amnesty International are calling for its abolition. There's increased scrutiny of the fairness and effectiveness of the death penalty, with concerns raised about wrongful convictions and disproportionate impact on marginalized communities.

5. What are the pros and cons of the death penalty in India, considering the Supreme Court's recent stance? (For Interview)

Pros include its potential as a deterrent and retribution for heinous crimes. Cons include the risk of executing innocent individuals, its disproportionate impact on marginalized communities, and arguments about its inhumanity. The Supreme Court's acquittals highlight the risk of error, strengthening arguments against its use.

6. What reforms are needed in the death penalty system in India, given the high percentage of violations of SC guidelines?

Reforms should focus on ensuring fair trials, improving the quality of legal representation for the accused, and mandating stricter adherence to Supreme Court guidelines by lower courts. Addressing systemic biases in the criminal justice system is also crucial. The report indicates that 95% of death sentences violated SC guidelines, highlighting the urgency of these reforms.

7. What is the significance of the number '1,310' in the context of death penalty trends in India (2016-2025)?

The number 1,310 represents the total number of death sentences handed down by sessions courts in India between 2016 and 2025. This figure provides a broad overview of the frequency with which lower courts resort to capital punishment.

8. How does the Supreme Court's role relate to the death penalty in India?

The Supreme Court acts as the final court of appeal in death penalty cases. It has the power to confirm, overturn, or commute death sentences imposed by lower courts. The recent trend of acquittals indicates a more cautious approach by the Supreme Court towards capital punishment.

9. Why is the topic of the death penalty under 'Polity & Governance'?

The death penalty falls under 'Polity & Governance' because it involves legal and constitutional questions related to the state's power to punish, the rights of citizens, and the administration of justice. It directly relates to how the government functions and its impact on society.

10. What is the significance of Ishita Mishra in the context of this news?

Based on available information, Ishita Mishra is a key personality related to this news. However, the exact nature of her role is not specified in the provided context.

Practice Questions (MCQs)

1. Consider the following statements regarding the death penalty in India: 1. The Supreme Court has not confirmed a single death penalty in the last three years. 2. In 2025, the apex court acquitted the highest number of death row prisoners in the past decade. 3. Nearly 95% of death sentences in 2025 were imposed without compliance with guidelines laid down by the Supreme Court in Manoj vs State of Madhya Pradesh. 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: D

All three statements are correct as per the news summary. Statement 1 is correct as the Supreme Court has not confirmed any death penalty in the last three years. Statement 2 is correct as the apex court acquitted 10 death row prisoners in 2025, the highest in the past decade. Statement 3 is also correct as nearly 95% of death sentences in 2025 were imposed without compliance with the guidelines in Manoj vs State of Madhya Pradesh.

2. In the context of the Supreme Court's guidelines on the death penalty, consider the following: 1. The guidelines mandate psychological evaluations of the accused. 2. The guidelines mandate mitigation hearings to consider the circumstances of the accused. 3. The guidelines are derived from Article 21 of the Constitution of India. 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: D

All three statements are correct. The Supreme Court's guidelines, as highlighted in the news and derived from the Manoj vs State of Madhya Pradesh case, mandate psychological evaluations and mitigation hearings. These guidelines are rooted in Article 21 of the Constitution, which guarantees the right to life and personal liberty.

3. Consider the following statements: Statement I: Sessions courts in India handed down 1,310 death sentences between 2016 and 2025. Statement II: High Courts confirmed only 8.31% of the verdicts handed down by Sessions courts between 2016 and 2025. Which one of the following is correct in respect of the above statements?

  • A.Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I
  • B.Both Statement I and Statement II are correct and Statement II is not the correct explanation for Statement I
  • C.Statement I is correct but Statement II is incorrect
  • D.Statement I is incorrect but Statement II is correct
Show Answer

Answer: B

Both statements are correct. Sessions courts handed down 1,310 death sentences between 2016 and 2025, and High Courts confirmed only 8.31% of those verdicts. However, the confirmation rate is not an explanation for the number of death sentences awarded by sessions courts.

4. Which of the following is NOT a power vested in the President of India under Article 72 of the Constitution?

  • A.To grant pardons
  • B.To grant reprieves
  • C.To commute a sentence of death to life imprisonment
  • D.To direct the Supreme Court to review its own judgment
Show Answer

Answer: D

Article 72 of the Constitution empowers the President to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. It does NOT empower the President to direct the Supreme Court to review its own judgment. That power rests with the Supreme Court itself.

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