Death Penalty Trends in India

Report Overview and Institutional Source

  • Annual report published by Square Circle Clinic, NALSAR University of Law, Hyderabad.
  • Study analysed death penalty trends across India from 2016 to 2025.
  • Focused on confirmations, acquittals, commutations, and procedural compliance in sentencing.

Supreme Court’s Recent Position

  • Supreme Court has not upheld a single death sentence in the last three years.
  • In 2025, the Court acquitted 10 death row prisoners, the highest in a decade.
  • No High Court–confirmed death sentence has yet been affirmed by the Supreme Court.

Lower Court Sentencing Patterns

  • Sessions Courts imposed 1,310 death sentences nationwide between 2016 and 2025.
  • In 2025 alone, 128 individuals received death sentences at the Sessions Court level.
  • Report highlights a gap between lower court convictions and appellate scrutiny standards.

High Court Review Outcomes

  • High Courts reviewed 842 death sentence cases during the decade.
  • Only 70 cases, or 8.31%, were confirmed by High Courts.
  • 285 prisoners were acquitted, while 411 sentences were commuted to lesser punishments.

Supreme Court Case Dispositions

  • Of 37 High Court–confirmed cases decided by the Supreme Court, outcomes varied.
  • 15 resulted in acquittal, and 14 were commuted to life or lesser sentences.
  • Data suggests significant appellate correction of lower court decisions.

Death Row Demographics and Duration

  • As of December 31, 2025, 574 prisoners remained on death row.
  • This included 550 men and 24 women across Indian prisons.
  • Average time before acquittal exceeded five years, with some nearing ten years.
  • During 2025, 138 individuals exited death row through acquittal, commutation, or remand.

Procedural Compliance and Sentencing Gaps

  • Supreme Court guidelines mandate psychological evaluation, mitigation hearings, and prison conduct reports.
  • These safeguards were reinforced as fair trial requirements in Vasanta Sampat Dupare judgment.
  • In 2025, nearly 95% of death sentences ignored these mandatory procedures.
  • Sentencing hearings often occurred within days of conviction, limiting effective defence preparation.

Emerging Judicial Trends

  • Growing reliance on life imprisonment without remission as an alternative punishment.
  • Report flags concerns over wrongful convictions and sentencing reliability at trial courts.

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