16 Feb 2026·Source: The Hindu

4 min

Polity & GovernanceSocial IssuesNEWS

Death Penalty Trends in India: Fewer Confirmations, More Acquittals

India sees fewer death sentence confirmations and more acquittals, signaling judicial hesitance.

As of December 31, 2025, 574 individuals were on death row in India, a 43.5% increase since 2016. About 45% were sentenced for murder, and 37% for murder involving sexual offenses. Data indicates an increase in removals from death row since 2020, attributed to appellate judiciary's hesitance to confirm death sentences.

Over the last decade, Sessions Courts imposed 1,310 death sentences, but High Courts upheld only 8.31% of them. The Supreme Court has not confirmed any death sentence in the last three years, acquitting 10 death row prisoners in 2025. This trend indicates concerns about evidence handling and procedural fairness in Sessions Courts.

Key Facts

As of December 31, 2025, 574 individuals were on death row in India.

45% of those on death row were sentenced for murder.

37% were sentenced for murder involving sexual offenses.

High Courts upheld only 8.31% of the death sentences imposed by Sessions Courts over the last decade.

UPSC Exam Angles

GS Paper II: Polity and Governance - Judicial review, fundamental rights, criminal justice system

Connects to syllabus topics on fundamental rights, judicial interpretation, and criminal law

Potential question types: Statement-based MCQs, analytical questions on judicial trends

In Simple Words

The number of people sentenced to death in India is high, but higher courts are confirming fewer of these sentences. This means judges are being extra careful before deciding someone should be executed. They want to make sure everything was fair in the trial.

India Angle

In India, this affects everyone because it shows how seriously our courts take the right to life. Even if someone is accused of a terrible crime, the courts want to be absolutely sure before taking away their life. This careful approach impacts the entire justice system.

For Instance

Imagine your local council wants to demolish a building. They can't just do it; they need to follow rules and give people a chance to object. Similarly, courts must follow strict procedures before confirming a death sentence.

This matters because it shows that the justice system is trying to be fair and protect the innocent. It affects everyone's sense of security and trust in the legal process.

Every life matters, and the courts are taking extra precautions to ensure justice is served in death penalty cases.

Visual Insights

Death Penalty Statistics in India (December 31, 2025)

Key statistics regarding the death penalty in India, as of December 31, 2025, based on the provided article.

Individuals on Death Row: 574
Increase in Death Row Population Since 2016: 43.5%
Death Sentences for Murder: 45%
Death Sentences for Murder Involving Sexual Offenses: 37%

More Information

Background

The death penalty in India is a contentious issue, with its application being subject to judicial scrutiny and evolving legal interpretations. The Constitution of India guarantees the right to life and personal liberty under Article 21, but this right is not absolute. The death penalty is applied in the 'rarest of rare cases,' a doctrine established by the Supreme Court in Bachan Singh v. State of Punjab (1980). This doctrine aims to ensure that the death penalty is reserved for the most heinous crimes that shock the conscience of the community. Over the years, there has been increasing concern about the fairness of death penalty trials, particularly regarding legal representation and evidence handling in lower courts. The Supreme Court has played a crucial role in reviewing death sentences imposed by lower courts, often commuting them to life imprisonment due to procedural lapses or mitigating circumstances. The hesitance of the higher judiciary to confirm death sentences reflects a growing awareness of the potential for error and the irreversible nature of capital punishment. This has led to increased acquittals and commutations of death row prisoners in recent years. The Criminal Procedure Code (CrPC) governs the procedures for criminal trials in India, including those involving the death penalty. The CrPC mandates that the trial court must provide reasons for imposing the death sentence and that the High Court must confirm the sentence after a thorough review. The Supreme Court has also laid down guidelines to ensure that death penalty cases are handled with utmost care and fairness, emphasizing the importance of considering the accused's socio-economic background and mental state.

Latest Developments

In recent years, there has been a growing debate on the relevance and morality of the death penalty globally and in India. Several reports by organizations like the National Law University, Delhi's Centre on the Death Penalty have highlighted concerns about the fairness and consistency of death penalty sentencing in India. These reports have pointed out disparities in sentencing based on factors such as caste, class, and religion. The Supreme Court has also been actively considering reforms in the death penalty sentencing process. In 2022, the court initiated a suo moto petition to examine the procedural aspects of death penalty cases, particularly focusing on ensuring effective legal representation for the accused at all stages of the trial and appeal. This reflects a commitment to upholding the principles of natural justice and fairness in the application of capital punishment. Looking ahead, there is a possibility of further legislative or judicial interventions to refine the death penalty framework in India. The Law Commission of India has also periodically reviewed the issue, and its recommendations could influence future policy decisions. The focus is likely to remain on ensuring that the death penalty is reserved for the most deserving cases and that all procedural safeguards are strictly followed to prevent wrongful executions.

Frequently Asked Questions

1. What are the key facts about death penalty trends in India that are important for the UPSC Prelims exam?

For the UPSC Prelims, remember these key facts: As of December 31, 2025, 574 people were on death row in India. A significant percentage, 45%, were sentenced for murder, and 37% for murder involving sexual offenses. Also, note the increasing trend of acquittals by higher courts.

Exam Tip

Focus on the numbers and percentages related to death row inmates and the types of crimes they committed. Understanding the trend of acquittals is also crucial.

2. Why is the trend of fewer death sentence confirmations and more acquittals in death penalty cases newsworthy?

The trend is newsworthy because it highlights potential issues within the judicial system, specifically regarding evidence handling and procedural fairness in Sessions Courts. The Supreme Court's reluctance to confirm death sentences and the increasing number of acquittals raise questions about the quality of trials at the lower court level.

Exam Tip

Consider the implications of this trend on the justice system and the rights of the accused. Think about the role of judicial review in safeguarding against potential miscarriages of justice.

3. What is the 'rarest of rare cases' doctrine, and why is it important in the context of death penalty discussions?

The 'rarest of rare cases' doctrine, established in Bachan Singh v. State of Punjab, dictates that the death penalty should only be applied in the most exceptional cases. This doctrine is crucial because it aims to limit the application of the death penalty, ensuring it is not imposed arbitrarily and is reserved for crimes that shock the conscience of society.

Exam Tip

Understand the evolution of this doctrine and its interpretation by the Supreme Court over time. Consider how this doctrine affects the sentencing decisions in death penalty cases.

4. How does the increasing number of acquittals of death row prisoners impact the perception of the judiciary?

Increased acquittals can lead to both positive and negative perceptions. Positively, it may reinforce the idea that the judiciary is committed to due process and protecting the innocent. Negatively, it might raise concerns about the effectiveness and fairness of the lower courts and the overall criminal justice system, potentially eroding public trust.

Exam Tip

Consider the dual impact on public perception – increased faith in appellate courts versus decreased confidence in lower courts.

5. What are the important numbers to remember regarding death penalty trends in India?

Key numbers to remember include: 574 individuals on death row as of December 31, 2025; a 43.5% increase in the death row population since 2016; 45% of those on death row sentenced for murder; 37% sentenced for murder involving sexual offenses; and only 8.31% of death sentences imposed by Sessions Courts being upheld by High Courts.

Exam Tip

Create flashcards with these numbers for quick revision. Pay attention to the percentages, as they often appear in MCQ-based exams.

6. How does Article 21 of the Constitution relate to the debate surrounding the death penalty in India?

Article 21 of the Constitution guarantees the right to life and personal liberty. While not absolute, this right forms the basis for arguments against the death penalty, with opponents arguing that it violates this fundamental right. The state's power to impose the death penalty is thus subject to strict judicial scrutiny to ensure due process of law.

Exam Tip

Remember that Article 21 is not an absolute bar to the death penalty, but it necessitates that any law imposing it must be fair, just, and reasonable.

Practice Questions (MCQs)

1. Consider the following statements regarding the death penalty in India: 1. As of December 31, 2025, the number of individuals on death row in India had increased by 43.5% since 2016. 2. Approximately 37% of individuals on death row were sentenced for murder, and 45% for murder involving sexual offenses. 3. The Supreme Court has not confirmed any death sentence in the last three years, acquitting 10 death row prisoners in 2025. Which of the statements given above is/are correct?

A.1 and 2 only
B.1 and 3 only
C.2 and 3 only
D.1, 2 and 3

Show Answer

Answer: B

Statement 1 is CORRECT: The number of individuals on death row in India increased by 43.5% since 2016, as of December 31, 2025. Statement 2 is INCORRECT: Approximately 45% were sentenced for murder, and 37% for murder involving sexual offenses, according to the provided summary. Statement 3 is CORRECT: The Supreme Court has not confirmed any death sentence in the last three years, acquitting 10 death row prisoners in 2025.

2. In the context of the death penalty in India, the 'rarest of rare cases' doctrine was established in which of the following cases?

A.Maneka Gandhi v. Union of India
B.Kesavananda Bharati v. State of Kerala
C.Bachan Singh v. State of Punjab
D.Indira Nehru Gandhi v. Raj Narain

Show Answer

Answer: C

The 'rarest of rare cases' doctrine, which guides the imposition of the death penalty in India, was established in the case of Bachan Singh v. State of Punjab (1980). This doctrine stipulates that the death penalty should only be imposed in the most heinous crimes that shock the conscience of the community.

3. Which of the following statements is NOT correct regarding the imposition of the death penalty in India?

A.The death penalty is applied in the 'rarest of rare cases'.
B.The High Court must confirm the death sentence after a thorough review by the Sessions Court.
C.The Supreme Court has consistently upheld all death sentences imposed by lower courts.
D.The Criminal Procedure Code (CrPC) governs the procedures for criminal trials involving the death penalty.

Show Answer

Answer: C

Option C is NOT correct. The Supreme Court has NOT consistently upheld all death sentences imposed by lower courts. In fact, the provided summary indicates an increasing trend of the Supreme Court acquitting death row prisoners and not confirming death sentences imposed by Sessions Courts.