At the end of 2022, there were 539 prisoners on death row in India
At the end of last year, India had 539 prisoners on death row, the most since at least 2016. This is according to the Annual Statistical Report 2022 published by Project 39A, a study conducted by the National Law University Delhi.
A major factor for the peak is that in 2022, Trial court awarded death sentence to 165Highest in two decades. chart 1 Shows the number of death row prisoners in India at the end of each year and the number of new death sentences imposed by sessions courts each year. Both these figures reach the peak in 2022.
chart 1
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The sudden increase in 2022 can be directly attributed to a special verdict in February in a case related to the 2008 Ahmedabad serial blasts, which killed 56 people and injured over 200. The court sentenced 38 convicts to death and 11 others to life imprisonment till death.
Overall, Gujarat courts will award 51 death sentences in 2022, the highest among all states. This is also a huge increase from the average of 2.5 death sentences handed down by the state’s lower courts between 2016 and 2021. chart 2 Shows the number of death sentences awarded by lower courts in 2022 and the average death sentence awarded between 2016 and 2021. Uttar Pradesh and Jharkhand also registered a significant increase in death sentences awarded by lower courts in 2022.
chart 2
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But soon, the number of death sentences awarded by trial courts may come down due to a significant initiative taken by the Supreme Court on capital punishment in September last year. A three-judge bench of the court referred to a five-judge constitution bench that those convicted of capital punishment be given a meaningful opportunity to present mitigating factors and circumstances so that they can make a better plea for life imprisonment instead of death . Sentence.
The constitution bench can make it necessary for the lower court to know the accused better before sentencing. Going beyond the reports of prison officers or parole officers, courts may enlist the help of psychologists and behavioral experts. A study of the accused’s childhood experiences and upbringing, mental health history in the family and the likelihood of traumatic past experiences, and other social and cultural factors may be mandated to be part of the sentencing process.
Another major factor in the increase in death row prisoners was the low disposal rate of death row cases by the appellate courts. In 2022, out of 67 decided cases involving 101 prisoners, three death sentences were confirmed by the High Courts, 48 prisoners commuted their death sentences to life imprisonment, 43 were acquitted of all charges and The cases of six were sent for trial. court. In one case, the court enhanced the sentence awarded by the trial court from life imprisonment to death. chart 3 Shows the share of death penalty cases confirmed, commuted, acquitted and sent down by the High Courts per year. As the chart shows, the share of cases confirmed by the High Courts was very low in most of the years.
chart 3
In 11 cases involving 15 prisoners, five were acquitted of all charges by the Supreme Court; The death sentences of eight were commuted to life imprisonment; and the death penalty for two was confirmed. chart 4 Shows the share of death penalty cases confirmed, commuted, acquitted and remanded by the Supreme Court each year. As the chart shows, the share of cases confirmed by the Supreme Court was low in most years.
chart 4
Of. With inputs from Venkataramanan and Mahesh Langa
Source: Annual Statistical Report 2022 – Project 39A
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