India’s Death Penalty: Many Sentences, Few Executions
TL;DR In India, hundreds of people are sentenced to death each year, but executions remain rare, with only eight executed between 2001 and 2023. As of 2023, 545 convicts are on death row, most in Uttar Pradesh. Despite calls to limit or abolish capital punishment, recent laws like the 2019 POCSO amendment and the Bharatiya Nyaya Sanhita (2023) continue to retain and expand its scope.
Contex
In India, the death penalty remains a subject of significant legal and social debate. The recent decision by President Droupadi Murmu to reject the mercy petition of Ravi Ashok Ghumare, who was convicted for the murder of a two-year-old, has once again brought the issue of capital punishment into the spotlight. Beyond this specific case, it is important to understand the broader trends within the justice system. In this story, we examine the government data regarding capital punishment in the country, specifically looking at the number of individuals currently on death row, the frequency of executions, and how many death sentences have been commuted to life imprisonment.
Who compiles this data?
The data on convicts serving capital punishment, prisoners awarded the death sentence, those whose sentences were commuted to life imprisonment, and prisoners executed each year is published annually by the National Crime Records Bureau (NCRB) under the Ministry of Home Affairs in its Prison Statistics India report.
It is important to note that the NCRB reports data on the death penalty without specifying the procedural stage of each case. These figures aggregate sentences from trial courts, those upheld by High Courts, and cases where mercy petitions are still pending. Furthermore, the number of convicts who have filed mercy petitions remains undisclosed.
Where can I download clean & structured data related to capital punishment?
Clean, structured, and ready-to-use datasets on convicts serving capital punishment and details on sentences awarded, commutations, and executions can be downloaded from Dataful. In addition, Dataful offers comprehensive datasets based on the NCRB’s Crime in India series.
Key Insights
- An average of about 132 persons are sentenced to death by courts in India annually.
- While trial courts awarded over 3,026 death sentences between 2001 and 2023, only 8 executions were actually carried out. Of these 8 executions, 4 of the executions took place simultaneously in Delhi in 2020 for the Nirbhaya case. This reflects a system where the death penalty is frequently handed down but rarely implemented.
- Commutations from capital punishment to life imprisonment have plummeted from their extraordinary mid-2000s peak. While over 3,100 lives were spared between 2005 and 2007, the annual average has since dwindled to less than 40 between 2020 and 2023.
- Uttar Pradesh has consistently reported the highest number of death sentences awarded in the country since 2001. The state had also consistently reported high numbers of commutations in the early 2000s, which have now dropped to just 2 commutations annually in the last 2 years.
- Delhi was responsible for the vast majority of the commutations, accounting for 78% commutations between 2005 and 2007. Since then, however, Delhi’s commutation rate has effectively dropped to zero.
- As of 31 December 2023, a total of 545 convicts were lodged in various jails across the country facing capital punishment, representing 0.4% of all convicts. This includes 400 from previous years and 145 sentenced in 2023.
- Uttar Pradesh reported the highest number of such convicts, accounting for 22.4% (122 out of 545), followed by Gujarat with 58 (10.6%) and Maharashtra with 43 (7.9%).
Why does it matter?
The data shows a wide gap between death sentences awarded and executions carried out, often due to prolonged trials, appeals, and pending mercy petitions. In Bachan Singh vs State of Punjab (1982), the Supreme Court upheld the constitutionality of the death penalty but limited its use to the “rarest of rare” cases. The Law Commission, in 2015, recommended abolishing it except for terrorism and waging war. However, in 2019, the POCSO Act was amended to grant the death penalty to those who indulge in aggravated sexual assault against children. Even the new Bharatiya Nyaya Sanhita (2023) continues to prescribe capital punishment for offences such as murder, terrorism, and organised crime resulting in death. Also, for a better understanding of how capital punishment operates in practice, it would be best if comprehensive data were available on the procedural stage and duration of incarceration of those currently on death row.
Key Numbers
- Death Sentences (2001–2023): 3,026 → Executions: 8
- Average Annual Death Sentences: 132
- Commutations: 3,100+ (2005–2007) → <40 (2020–2023)
- Convicts on Death Row (2023): 545 → Uttar Pradesh: 22.4%