561 inmates on death row in India, highest in two decades: Report

According to the latest findings of the eighth edition of the 'Death Penalty in India: Annual Statistics Report,' released by Project 39A at the National Law University, Delhi, the number of prisoners on death row in the country has reached a staggering 561, marking the highest figure in two decades. This data represents a notable surge of 45.71 per cent since 2015.

In 2023, trial courts handed down 120 death sentences, yet the year saw the lowest rate of confirmation of these sentences by appellate courts since 2000. Notably, the Supreme Court upheld no death sentences for the second consecutive calendar year, following suit from 2021.

The report highlighted the case of the President of India rejecting one mercy petition in March 2023, concerning the kidnapping, rape, and murder of a minor in 2008. Additionally, it noted that 488 death row prisoners are currently awaiting judgments from high courts.

Further analysis of the data revealed that the Supreme Court acquitted four prisoners across three death penalty appeals, remanding two cases back to lower courts for reconsideration. Additionally, the court commuted the death sentences of three individuals in criminal appeals. Notably, two prisoners were released after it was established that they were minors at the time of the offences.

The report underscored the significant increase in the death row population over recent years, with 2023 witnessing the highest number of prisoners on death row in nearly two decades. The surge in death row inmates also reflects a 45.71% increase since 2015.

Regarding the distribution of death sentences across states, Uttar Pradesh led with 33 death penalties awarded in 2023, followed by Jharkhand with 12, and Gujarat, Haryana, and Madhya Pradesh each with 11. Notably, Manipur, Tamil Nadu, Himachal Pradesh, and Uttarakhand reported no instances of death sentences.

The report also sheds light on concerning practices in trial courts, including the expedited imposition of death sentences following conviction, as well as inadequate procedural safeguards and lapses in evidence appreciation.

Moreover, the report highlighted the Bharatiya Nyaya Sanhita Bill, which seeks to replace the existing Indian Penal Code. The proposed legislation expands the scope of offences punishable by death from twelve to eighteen and introduces new procedures for filing mercy petitions by death row prisoners, while also limiting the scope of sentences upon commutation to life imprisonment.