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Annual Death Penalty Report 2023

Context: 

Recently, Project 39A, a Criminal Reforms Advocacy group with the National Law University, Delhi released a report on the Death Penalty in India.

Death Penalty Report 2023

Death Penalty Report 2023: Key Highlights

  • Lowest Death Sentence Confirmation Rate in the last 2 Decades: 

    • Appellate courts confirmed the lowest number of death sentences since 2000 in 2023. 
    • Only one death Sentence was confirmed by the High Court in 2023 & Zero by the Supreme Court.
  • Fewer Death Sentences, More on Death Row: 

    • In Trial courts 

      • It issued 28% fewer death sentences in 2023 compared to the previous year. 
      • While, Number of prisoners on death row reached a nearly two-decade high of 561.

Death Penalty Report 2023

    • In High Court : 

      • There has been a 15% decrease in the rate of disposal of death penalty confirmation proceedings at the HCs in 2023. 
      • Nearly 87% (488) of those on death row await judgement from High Courts. 
      • Only 57 death penalty cases were disposed of in 2023, compared with 68 cases in 2022.
    • There was a 45.71% increase in the number of prisoners under death sentence by the end of December 2023, from that in 2016.
  • Majority of  crimes related to sexual offenses :  In last 5 years majority of death penalty cases, 120 death sentences imposed by trial courts, more than 50% were for homicidal rapes.
  • In terms of geographical distribution, Uttar Pradesh held the highest number of death row prisoners, totaling 119 individuals. 
Major Laws Governing Death Penalty in India

Key Issues Highlighted in Death Penalty Report 2023

  • Non-Compliance with Supreme Court Mandate in Manoj v.State of Madhya Pradesh (2022): 

    • According to the directive, psychiatric and psychological evaluations are required before death sentences but trial courts failed to do so in 86.96% of cases. 
  • Non Adherence with the Higher Court’s Scrutiny :

    • All death sentences require confirmation by High Courts, who review both conviction and sentencing. 
  • Supreme Court and High Courts in 2023 Suggest Concerns in Acquittal and remand orders:

    • Negligence in Police investigations, 
    • Incorrect convictions, 
    • Questionable assessment of evidence by trial courts, 
    • One case revealed a prisoner wrongly imprisoned for 28 years due to being a minor at the time of the offence. 

Recent Development With Respect to Death Penalty in India and Across World

In India: 

In Other Countries:

  • Recently, Ghana Parliament passed a Bill to abolish the death penalty for ordinary crimes
  • Malaysia eliminated the mandatory death penalty for 11 criminal offences) 

Supreme Court Observations on Death Penalty 

  • Rarest of Rare Cases: Supreme Court rulings reserved the capital punishment for exceptionally heinous crimes,  as exemplified in the Nirbhaya case.
  • Bachan Singh case Framework for Judges: Every death penalty case undergoes a thorough judicial review, weighing both aggravating and mitigating factors.
  • Protecting the Right to Life: Courts must interpret laws to safeguard the fundamental right to life, as demonstrated in the Mohd. Arif Ashfaq case.
  • Courts Should consider Mitigating Factors: Age, mental illness, and socioeconomic background are crucial considerations for the death penalty, evident in the Santosh Kumar Satishbhushan Bariyar case.
  • Fair Trial: Vague accusations cannot justify the death penalty; the prosecution must prove the case beyond reasonable doubt, as affirmed in the M.A. Antony case. 
  • Review of Hanging as Execution Method: The Supreme Court has directed the constitution of a committee of experts to re-examine whether hanging as a method of execution in capital punishment is in line with constitutional standards, 40 years after this method was upheld in Deena v. Union of India (1983).
Also Read: Interim Budget 2024-2025

News Source: The Hindu

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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