Death Penalty in India Report

January 31, 2022

According to Death Penalty in India report, the number of prisoners on death row at the end of 2021 was 488. This number was highest in 17 years.

Key Points

Year 2021 witnessed highest number of prisoners on death row, since 2016.
There was an increase of around 21% from 2020.
In comparison with data from Prison Statistics of India report by National Crime Records Bureau (NCRB), this is the highest death row population since 2004, when it was 563.

Findings of Death Penalty in India report

As per report, limited functioning of courts amid covid-19 pandemic has impacted the priority given to death penalty related cases.
Appellate courts were functioning in limit in 2020 and 2021. It thus meant lesser appeals of prisoners sentenced to death being decided, and larger number of prisoners remaining on death row by year’s end.
As per report, trial courts imposed 144 death sentences in 2021 while, high courts decided only 39 cases during same period.
In 2020, high courts decided on 31 matters related to death penalty, as compared to 76 in 2019.
The Supreme Court could only decide on 6 cases in 2021, as compared to 11 in 2020 and 28 in 2019, even though SC listed death penalty cases on priority in September 2021.
Out of 39 cases in high courts, involving death penalty, only 4 resulted in confirmation of death sentences. 15 cases were in acquittal of all charges, 18 were commuted to life imprisonment, while 2 cases were remitted back to the trial court.

Annual statistics on death penalty

Project 39A release the “report on annual statistics on death penalty” in January 2022. Project 39A is a criminal law reforms advocacy group, working at National Law University, Delhi. The Death Penalty India Report (DPIR) was first launched on May 6, 2016.

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