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: 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.

• • 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. 

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. 

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).

News Source: The Hindu