DEATH PENALTY

IN INDIA

ANNUAL
STATISTICS
REPORT
2023
LIST OF
CONTRIBUTORS
PUBLISHED BY
Project 39A
National Law University, Delhi
Sector 14, Dwarka
New Delhi 110078

Published in February 2024

National Law University, Delhi 2024
All rights reserved

SUPERVISION
Neetika Vishwanath

WRITING
Lakshmi Menon
Snehal Dhote

RESEARCH ASSISTANCE
Rehan Mathur (National Law University, Delhi)
Mudrika Agarwal (National Law University, Delhi)
Sarah (Gujarat National Law University)

DESIGN
Jameela Ahmed

1
INDEX

List of Contributors 1 Nature of Offence at the High Courts in 2023 32

List of Abbreviations 4 Sentences Imposed by High Courts on

Commutation of Death Sentence 34
Foreword 5 High Court Acquittals in 2023 36
Overview of Developments in 2023 7 High Court Commutations in 2023 42

Prisoners on Death Row 11 High Court Confirmations in 2023 50

State-Wise Distribution of Persons on High Court Remanded Cases in 2023 51

Death Row 12
Supreme Court in 2023 52
Duration on Death Row 13
Nature of Offence at the Supreme Court in 2023 54
Death Penalty Cases 2023 14
Supreme Court Sentences Imposed Upon
Sessions Courts in 2023 15 Commutation of Death Sentence in 2023 56

Analysis of Supreme Court Decisions in 2023 57

State-Wise Distribution of Death Sentences
Imposed by Sessions Courts 16
Supreme Court Acquittals in 2023 58
Nature of Offence for Those Sentenced to Supreme Court Remanded Cases in 2023 63
Death by Sessions Courts 18
Supreme Court Commutations in 2023 66
Death Penalty in Cases of Sexual Offences 20
Mercy Petitions 69
Duration Between Conviction and Sentencing
in Sessions Court Death Penalty Cases 23 Developments in the Law 70

Sentencing Material 26 International Developments 73

High Courts in 2023 28 Final Observations 76

Other Death Sentence Proceedings 30 Corrections to Annual Statistics 78

Disposal of Death Penalty Cases by High Courts 31

2 3
LIST OF FOREWORD
ABBREVIATIONS

Bharatiya Nyaya Sanhita Bill, 2023 BNS This is the eighth edition of the Death Penalty in India: Annual
Statistics Report published by Project 39A at National Law
Bharatiya Nagarik Suraksha Sanhita Bill, 2023 BNSS
University, Delhi.
Bharatiya Sakshya Bill, 2023 BSB
Code of Criminal Procedure, 1973 CrPC 2023 saw the highest number of persons on death row at the end
of a calendar year in nearly two decades.1 There were 561
Indian Evidence Act, 1872 IEA prisoners under the sentence of death by the end of December
Indian Penal Code, 1860 IPC 2023, reflecting a 45.71% increase since we started publishing
these annual statistics in 2016. 2023 also saw a noticeable
decrease in the disposal of cases by the High Courts.

Significantly, 2023 saw the lowest number of appellate court

confirmations of death sentences since the compilation of our
Annual Statistics in 2016. While the trial courts imposed 120 death
sentences in 2023, the appellate courts remained reluctant to use
the death penalty. The Supreme Court did not confirm any death
sentence in 2023. In the High Courts, only one death sentence was
confirmed by the Karnataka High Court in a murder simpliciter
case. In doing so, 2023 marks the lowest rate of death sentence
confirmations by the appellate courts since 2000.

Through a series of acquittals and remands in 2023, the Supreme

Court recognised serious lapses in police investigation and
appreciation of evidence by trial courts in death penalty cases. In
all three of its commutation decisions in 2023, the Supreme Court
continued the trend of relying on reports pertaining to the
psychiatric evaluation, jail conduct and life circumstances of the
accused from previous years. These developments have found its
way to High Courts, with the Kerala High Court and Telangana
High Court calling for these reports in thirteen death sentence
confirmation cases before them in 2023.

This edition of the report follows the same methodology as

previous years. We relied on news reports to gather information
and updates on death sentences, which were then verified using
the e-courts platforms of trial courts and appellate courts. Trial
court judgments were tracked to examine their compliance with
the Supreme Court’s decision in Manoj and ors. v. State of Madhya
Pradesh from May 2022, directing trial courts to proactively call

1 Prison Statistics India, National Crime Records Bureau.

4 5
 OVERVIEW OF
DEVELOPMENTS IN 2023

for and consider relevant materials (including psychological At the end of 2023, 120 death sentences were imposed by trial
evaluation reports and jail conduct reports of the accused) while courts and 561 prisoners were living under a sentence of death in
deciding the sentence. India. This makes 2023 the year with the highest number of
prisoners on death row in nearly two decades, and the second
We would like to thank Sarah (IV Year, Gujarat National Law highest since the turn of this century according to the National
University), Rehan Mathur (III Year, National Law University, Delhi) Crime Record Bureau’s Prison Statistics Reports.2 Over the years,
and Mudrika Agarwal (III Year, National Law University, Delhi) for the death row population has increased, with 2023 recording the
their valuable efforts in compiling and verifying the data for this third consecutive year with the highest death row numbers since
report. 2004. The year 2023 also witnesses a 45.71% increase in the
death row population since 2015.3
This report would not have been possible without the efforts of
Varsha Sharma, Pritam Raman Giriya and Ashna Devaprasad who The increase in the death row population can be attributed to the
were instrumental in developing the original directory and comparatively slower rate of case disposal by High Courts over
database on the death penalty in India. Lubhyathi Rangarajan, the years. In a concerning update, the rate of disposal of death
Peter John, Poornima Rajeshwar, Rahul Raman, Neetika penalty confirmation proceedings at the High Courts in 2023 has
Vishwanath, Preeti Pratishruti Dash, Gale Andrew, Aishwarya seen a decrease of 15.00% since the previous year. High Courts
Mohanty, Hrishika Jain and Adrija Ghosh have played key roles in disposed of 57 death penalty cases involving 80 prisoners in 2023
developing previous editions of this report. whereas in 2022 they disposed of 68 cases involving 101 prisoners.
At the end of 2023, 303 cases involving 488 prisoners remain
pending before 23 High Courts for confirmation proceedings. This
decrease in disposal comes in a year when the High Courts are
faced with the highest number of death row prisoners whose
cases are pending disposal in its confirmation proceedings.

Significantly, 2023 marks the lowest rate of death sentence

confirmations by the appellate courts since the year 2000, with
only one death sentence being confirmed by the Karnataka High
Court in a murder simpliciter case. Although appellate courts have
confirmed very few death sentences over the years,4 a single
confirmation across High Courts in one calender year signifies
further decline in the rate of confirmations at the High Courts.
Similarly, this is the second calendar year after 2021 where the
Supreme Court has not confirmed any death sentence.

In a trend continuing since 2019, crimes involving sexual offences

formed the majority of death penalty cases at the trial courts.

2 Prison Statistics India Report (2004), National Crime Records Bureau. The year
2004 marked the highest death row population at 563 prisoners. The year 2023
marks the highest death row population in the last 19 years.
3 Project 39A, Death Penalty India Report (2016).
4 Project 39A, Death Penalty India Report (2016).

6 7
Nearly 53.30% of the 120 death sentences imposed by trial courts
in 2023 were for homicidal rape cases. Trial courts imposed death A three-judge bench of the Supreme Court had convened a
sentences in 86.96% of its cases in the absence of any information Constitution bench in September 2022 to reconsider and plug
relating to the accused.5 Despite the Supreme Court’s mandate in gaps in the capital sentencing law.8 In December 2023, the
Manoj v. State of Madhya Pradesh (2022),6 trial courts did not call Supreme Court directed relevant parties to file their submissions,
for the probation officers’ report, the report on psychiatric indicating a potential hearing in 2024.
evaluation of the accused or their jail conduct.
In March 2023, the Supreme Court considered a writ petition
Acquittals and remands by the Supreme Court and the High challenging the constitutionality of hanging as a method of
Courts in 2023 indicate significant concerns with the quality of execution, 40 years after hanging had been upheld by the
police investigations and appreciation of evidence by lower courts Supreme Court in Deena v. Union of India (1983). The Court
in death penalty cases. The Supreme Court acquitted six prisoners directed the State to form an expert committee to examine
in five cases and remanded two cases involving two prisoners alternative, more humane methods of execution which are in line
to the trial court and the High Court respectively. In all with constitutional standards.
these decisions, the Supreme Court criticised lapses in the
investigations and trials. In a particularly egregious case, Narayan Developments in criminal law usher potential changes to the
Chetanram Chaudhary was found by the Supreme Court to have death penalty and its administration. In August 2023, the
been a child at the time of the offence - 28 years post his Parliament passed three new bills (the BNS, BNSS and BSB) to
imprisonment (with 25 years spent on death row).7 In a similar vein, repeal the existing criminal codes (the IPC, the CrPC and the IEA),
High Courts acquitted 36 prisoners of all charges and remanded and received Presidential assent on 25th December 2023. The
three cases, involving five prisoners, to the trial court for BNS, which replaces the IPC, increases the number of offences
significant lapses in the cross-examination of forensic evidence punishable with the death penalty, from twelve under the Indian
and for the perfunctory nature of the sentencing exercise. One Penal Code 1860 to eighteen offences under the new bill.
writ petition challenging the rejection of a mercy petition was Additionally, the bills codify procedures on the filing of mercy
decided by the Karnataka High Court, commuting the prisoner’s petitions by death row prisoners, and restrict the scope of
death sentence on the grounds of prolonged solitary confinement sentences that can be imposed upon commuting a death
and unexplained delay by the executive in disposing the mercy sentence to life imprisonment. Notification pertaining to the date
petition. on which these bills are set to come into force is yet to be notified
by the Ministry of Home Affairs in the gazette.
In a noteworthy update, the Kerala High Court and the Telangana
High Court directed professionals trained in social sciences and 2023 also witnessed significant global developments in the death
social work to assist the courts as mitigation investigators in penalty. In April 2023, the Malaysian Parliament passed a bill to
gathering information on circumstances of the accused in pending abolish the mandatory imposition of death sentences for
death penalty cases before them. These orders signify the convictions in specific offences, and to abolish the sentence of life
implementation of developments in the Supreme Court on capital imprisonment till the end of natural life. In pursuance of this
sentencing at the High Court level. development, the Malaysian Parliament also passed a second bill
enabling a resentencing exercise for people who had previously

5 Out of the 88 cases, judgements were accessible for 69 cases.

6 Manoj v. State of Madhya Pradesh, Criminal Appeal No. 248 of 2015. 8 In re: Framing Guidelines Regarding Potential Mitigating Circumsatnces To Be
7 Narayan Chetanram Choudury v. State of Maharashtra, Review Petition No. 1139 of Considered While Imposing Death Sentences, Suo Motu Writ Petition (Crl.) No. 1 of
2000. 2022.

8 9
 PRISONERS ON DEATH ROW

One prisoner on death row died in prison

been sentenced to death or imprisonment for the end of natural Jitendra @ Pappu Shinde died by suicide on 9 September, 2023 at the Yerwada Jail in Maharashtra.
life. Ghana’s Parliament passed a bill to abolish the death penalty Jitendra had been convicted and sentenced to death in November 2017 for the rape and murder of
for ordinary crimes in July 2023. In another major development, the a child. The appeal against his conviction and the confirmation of his death sentence were pending
President of Kenya commuted all death sentences imposed in the before the Bombay High Court. Jitendra had been in prison for seven years, out of which he had spent
country prior to 21st November 2022 to life imprisonment, based six years on death row.
on the recommendation of the Power of Mercy Advisory
Committee.

2016 2017 2018 2019 2020 2021 2022 2023

as on 31st as on 31st as on 31st as on 31st as on 31st as on 31st as on 31st as on 31st
December December December December December December December December

561
541
490
426 404
400 378
366

10 11
STATE WISE DISTRIBUTION
OF PERSONS ON DEATH ROW 561
Prisoners on
DURATION ON DEATH ROW

Number of Prisoners9 23 death row as on 31st

December 2023
0 119

Uttarakhand
119 Median Duration Longest Duration

21 14
39

Uttar Pradesh
Number of Prisoners
3
11 on Death Row on Duration
31st December 2023

Assam
18 4

West Bengal
Jammu & Kashmir

Jharkhand

Manipur
HIGH COURTS

488

Bihar
25 MONTHS
3 Himachal Pradesh (CONFIRMATION

Tripura
PROCEEDINGS) 184 MONTHS
12 Punjab

28 Haryana
4 Delhi (NCT)
SUPREME COURT
11
60
Rajasthan (CRIMINAL APPEAL 81 MONTHS
AND RELATED
197 MONTHS
PROCEEDINGS)
72 Gujarat

30 Madhya Pradesh

MERCY PETITIONS

6
THAT REMAINED 147 MONTHS
Odisha 15
PENDING IN 2023 170 MONTHS
Chhattisgarh 6
41 Maharashtra

Telangana 11
POST-MERCY

3
PROCEEDINGS 170 MONTHS
Andhra Pradesh 17
25 Karnataka AT HIGH COURTS & 231 MONTHS
SUPREME COURT

0 50 100 150 200 250

11 Tamil Nadu
23 Kerala

9 This figure denotes the number of prisoners on death row. A prisoner may have multiple death sentences and cases pending
disposal at various stages of death penalty proceedings.

12 13
DEATH PENALTY CASES 2023 SESSIONS COURTS IN 2023
Prisoners (Cases)
Number of Death Sentences Imposed by Sessions Courts

153 110 163 104 78 146 167 120

10 11
Death Sentences

Confirmations

SUPREME COURT
Commutations
0 3 6 2
Enhancements (0) (3) (5) (2)

Acquittals

Remands

HIGH COURTS

1 36 0 36 5
(1) (26) (0) (26) (3)

2020

2022

2023
2019
2016

2018

2021
2017
SESSIONS COURTS

120
(88) 10 Out of the total number of death sentences imposed by trial courts in 2022, a Special Court in Ahmedabad imposed 38 death
sentences in a single case in State of Gujarat v. Jahid @ Javed Kutubuddin Shaikh (Sessions Case No. 38 of 2009).
11 Out of 88 cases that resulted in the imposition of death sentences, 15 cases involving 43 prisoners had more than one person
being sentenced to death.

14 15
 2
2016 2016 2016 2016

6
2017 2017 2017

2 0
2017
2018 2018 2018 2018
2019 2019 2019 2019
2020 2020 2020 2020

Haryana
2 0 2 3
2021 2021 2021 2021

Delhi (NCT)
Maharashtra
2022 2022 2022 2022 Uttar Pradesh

1 0 1 1 0 3
13 22 16 7 4 3 9 4
2023 2023

7 11
33 20 15 12 13 34 33 33
2023 2023
3

2016 2016 2016 2016

3

2017 2017 2017 2017

4 2
2018 2018 2018 2018
2019 2019 2019 2019

16
2020 2020 2020 2020

Kerala
Punjab

5 4 0 1
0 6 4 2 2 0
Jharkhand

2021 2021 2021 2021

2
2022 2022 2022 2022
Madhya Pradesh

3
9 8 5 4 17 12

14 6 22 11 6 5 5 11

2023 2023 2023 2023

2016 2016 2016

0
2016
36 7

2017 2017 2017 2017

2018 2018 2018 2018

2019 2019 2019 2019

Gujarat

2020 2020 2020 2020

STATE-WISE DISTRIBUTION OF DEATH

2021 2021
Rajasthan

2021 2021
West Bengal

2022 2022

Andhra Pradesh
2022 2022
3 0 3 2 3 4 51 11

1 4 0 3 3 1 2
2023
6 8 14 14 4 7 8 4

2023
5 8 9 4 3 10

2023 2023
SENTENCES IMPOSED BY SESSIONS COURTS

2016 2016 2016 2016

2017 2017 2017 2017
0 0
2016

2018 2018 2018 2018

2019 2019 2019 2019
2020 2020 2020 2020
Assam

Tripura

Manipur
2017

0 0 6 4 3 1

0 0 0 1 2 2

2021 2021 2021 2021

153 110
Total Death Sentences

2022 2022 2022 2022

Jammu & Kashmir
1 0 0 0 1 0 1
3 2

2023
2

1 1 1 0 0 0

2023 2023 2023

2018

2016 2016 2016 2016

2017 2017 2017 2017
2018 2018 2018 2018
2019

163 104

2019 2019 2019 2019

17

2020 2020 2020 2020

Bihar

2021
Karnataka

Telangana

2021 2021 2021

Tamil Nadu
78
2020

22 11 5 7 3 27 6

2022 2022 2022 2022

6 0 2 1 6 1 0 1

3 13 12 3 6 15 3 0
4 2 15 11 5 2 4 2

2023
1

2023 2023 2023

2021

1
1

2016 2016 2016 2016

1
1

2017 2017 2017 2017

2018 2018 2018 2018
2022

2019 2019 2019 2019

2020 2020 2020 2020
Odisha
0 0 9 5 0 9

2021 2021 2021 2021

Uttarakhand
Chhattisgarh

7 2 0 5 7

2022 2022 2022 2022

2023

Himachal Pradesh
146 167 120

3 1 0 2 2 1

0 0 3 0 0 0 1 0
2 2

2023 2023
0

2023 2023
NATURE OF OFFENCE FOR THOSE
SENTENCED TO DEATH BY SESSIONS Dacoity 14 1 23 1 0 12 0 0
with Murder
COURTS IN 2023
Number of Death Sentences

2016 2017 2018 2019 2020 2021 202212 2023

Murder involving 27 41 52 54 45 44 48 64 Kidnapping 2 10 18 6 4 9 8 4

Sexual Offences with Murder

2016 2017 2018 2019 2020 2021 202212 2023 2016 2017 2018 2019 2020 2021 202212 2023

Murder 93 52 71 35 24 62 59 42 Child Rape 0 0 14 0 4 4 5 0

Simpliciter without Murder

2016 2017 2018 2019 2020 2021 202212 2023 2016 2017 2018 2019 2020 2021 202212 2023

5 5 5 8 0 4 39 10 1 0 0 0 0 913 0 0
Terror Offences Other

2016 2017 2018 2019 2020 2021 202212 2023 2016 2017 2018 2019 2020 2021 202212 2023

13 For 2021, this figure includes drug offences and a case that involved the sale of spurious liquor which resulted in the deaths of
12 In six cases involving eight death sentences, the details of the nature of offence are unavailable. multiple persons.

18 19
DEATH PENALTY IN CASES In 2023, trial courts predominantly imposed death sentences in cases involving sexual offences.

OF SEXUAL OFFENCES
Number of Number of cases where the Number of Number of cases where the
death sentences death sentence was imposed death sentences death sentence was imposed

2016 2020

27 (17.6%) 24 (31.6%)
37 (60.7%)
49 (62.8%)

2017 2021
24 (41.4%)
44(53.7%)
41 (37.3%)
48 (33.3%)

2018 2022

41 (51.2%)
57 (51.8%)
53 (31.7%)
66 (40.5%)
2019 2023

53 (61.6%) 52 (59.1%)
54(51.9%)
64 (53.3%)

20 21
AGE OF VICTIM IN SEXUAL OFFENCE DURATION BETWEEN CONVICTION AND
CASES IN WHICH A DEATH SENTENCE SENTENCING IN SESSIONS COURT DEATH
WAS IMPOSED IN 2023 PENALTY CASES
AGE OF VICTIM Section 235(2) CrPC divides a criminal trial into the guilt
determination and sentencing stages, and mandates the trial
court to offer the accused an opportunity to be heard at
sentencing.15 Additionally, section 354(3) CrPC requires judges who
impose the death penalty over the default life sentence to give
‘special reasons’ for their decision.16 In 1980, a five-judge
(Constitution) bench of the Supreme Court in Bachan Singh v.
ADULT (ABOVE 18) 3 State of Punjab17 supplied meaning to the phrase ‘special reasons’
by laying down a sentencing framework to guide the court’s
14
Homicide rape
choice between a life and death sentence. As per this framework,
NUMBER OF CASES judges are mandated to consider both the aggravating and
mitigating circumstances of the accused and crime at sentencing.
5.8% Bachan Singh places special emphasis on the relevance of
mitigating circumstances in death penalty sentencing. Finally,
15.4% Bachan Singh obliges the State to demonstrate the accused’s lack
MINOR (12-18) 8
of reformatory potential before a death sentence is imposed.
Homicide rape
In pursuance of Bachan Singh, the information relating to life
history of the accused such as their age, mental health,
Sexual socioeconomic status, and life experience amongst others is
Offence essential. Such in-depth information about the accused is not
Cases 50 available in the case file. It has to be collected by identifying and
75% interviewing relevant persons including the accused who can
BELOW 12 YEARS 39 speak to different aspects of their life. Naturally, such investigation
requires time, resources and expertise that lawyers lack.

However, empirical evidence reveals that trial courts routinely

impose death sentences18 without sufficient gap between the
conviction and sentencing hearing, despite the complex nature of
an inquiry into the life history of the accused. In fact, trial courts
are also known to sentence people to death on the same day as
Homicide rape pronouncement of their guilt.

15 Section 235(2) of the CrPC.

16 Section 354(3) of the CrPC.
17 1980 2 SCC 684 (10).
18 Death Penalty Sentencing in Trial Courts, 2020, Project 39A, National Law University,
Delhi. Available at: https://www.project39a.com/dpsitc; Death Penalty Sentencing In
India's Trial Courts (2018-2020), 2022, Project 39A, National Law University, Delhi.
Available at: https://www.project39a.com/death-penalty-sentencing-in-indias-trial-
14 In two cases involving sexual offences, details on the age of the victim were unavailable. courts.

22 23
 Number of days between conviction and Year Availability of information on dates
sentencing in death penalty cases22 2016 63 out of 76 cases
Cases (Proportion of Cases with Information Available)
2017 50 out of 58 cases
0 days 1 day 2-7 days More than a week
2018 91 out of 111 cases

At present, the law remains unclear on the question of sufficient

time gap between the conviction and the sentencing hearing.
9
(9.9%)
2019

2020
76 out of 86 cases

48 out of 61 cases
Although some Supreme Court decisions have cast doubt over the 2021 60 out of 82 cases
validity of death sentences imposed on the day of conviction,19
some others have held that same day sentencing in and of itself 33 5
(6.6%)
2022 49 out of 78 cases
(36.3%)
does not constitute a fair trial violation.20 The referral by the 2023 70 out of 88 cases
Supreme Court in September 2022 to a Constitution bench
identifies this as an issue that needs to be resolved.21

Death sentences were imposed on the same day, or within one 30 12

23

day of conviction, in at least 37.14% of death penalty cases at the

(39.5%)
2(3.3%)
(17.1%)

trial courts in 2023. 45.71% of death sentence orders were passed

within two to seven days from conviction. Trial courts imposed 8
death sentences after one week from conviction in only 17.14% of (12.7%)
5 26 32
all death penalty cases.
26 (10%)
5
(10.4%)
(43.3%) (45.7%)

(41.3%)

19 4
18 (20.9%)
(8.2%)
(36%)

19 19
(39.6%)
(25%)

21
31 12 (42.9%)

16 11 (20%)

13
(34.1%)
(25.4%)
(22%)

22 9 (18.6%)

(28.9%)
(18.8%)
20
17 15
(33.3%)
6
19 Allaudin Mian v. State of Bihar, Criminal Appeal Nos. 343 and 446 of 1988;
13 (34%)
(31.3%)
(12.2%)
13
Rangaswamy v. State of Tamil Nadu, AIR 1989 SC 1137; Dattaraya v. State of
Maharashtra, Criminal Appeal Nos. 1110-1111 of 2015.
(20.6%)
9
(18.3%)
(18.6%)

20 B A Umesh v. State of Karnataka, Criminal Appeal Nos. 285-286 of 2011; Vasanta

Sampat Dupare v. State of Karnataka, Criminal Appeal Nos. 2486-2487 of 2014;
Mukesh v. State of NCT (Delhi), Criminal Appeal Nos. 607-608 of 2017; Accused X v.
State of Maharashtra, Criminal Appeal Nos. 680 of 2007.
2016 2017 2018 2019 2020 2021 2022 2023
21 In re: Framing Guidelines Regarding Potential Mitigating Circumstances to be
Considered While Imposing Death Sentences, Suo Moto Crl Writ Petition No. 1 of 22 Indicating number of cases.
2022. 23 Includes one case in which a death sentence was imposed 508 days after the conviction order.

24
SENTENCING MATERIAL24
Through Bachan Singh, the
Cases Where The Trial Court Cases Where the State-Led Materials Supreme Court mandated the
In Manoj v. State of Elicited/Sought Materials On Sentencing on Reform State to prove a lack of
Madhya Pradesh (May reformatory potential in the
2022), a three judge
Post Manoj Post Manoj accused using evidence. The
bench of the Supreme State had not brought any
Court held that it was 2022 2022 evidence to prove the lack of
the duty of the trial reformatory potential in the
In 1 out of 24 cases In 2 out of 53 death sentences In 1 out of 24 cases In 2 out of 53 death sentences
courts to proactively (4.16%) (4.16%) accused in at least 63 cases
elicit materials on involving 88 death sentences. This
mitigating circumstances constitutes 91.30% of all death
while sentencing in sentences imposed this year.
death penalty cases,
and issued guidelines
for the collection of
such information. It
further reiterated the
State’s duty to lead
evidence addressing
the improbability of
2023 2023
reform, whenever capital
punishment was sought. In 9 out of 69 cases In 10 out of 94 death sentences In 6 out of 69 cases In 6 out of 94 death sentences
(13.04%) (13.04%)

In 2023, trial courts imposed 84

death sentences in 60 cases
without seeking any evidence on
mitigating circumstances in the
form of a jail conduct report.

24 Information is not available in 19 cases (involving 26 death sentences) out of the total 88 cases due to the unavailability of
judgments.

26 27
HIGH COURTS IN 2023
Prisoners (Cases) (Proportion of prisoners) 25

2016 2017 2018 2019 2020 2021 2022 2023 27

High Court
Confirmations
16 11 23 26 3
(3) (7.7%)
5
(6) (8.2%)
4
(4) (4%) 28
1
(1) (1.25%)
High Court
Confirmations
(11)26 (14.7%) (10) (10.8%) (18) (20.2%) (15) (20%)

High Court
Commutations
58
(38) (56.9%)
58
(39) (56.9%)
53
(35) (46.5%)
59
(38) (45.4%)
22
(17) (56.4%)
23
(20) 29 (37.7%)
51
(39) (50.5%)
36
(26) (45.00%)
High Court
Commutations

High Court
Acquittals
18
(12) (17.6%)
35
(23) (34.3%)
27
(12) (23.7%)
31
(17) (23.8%)
5
(5) (12.8%)
30
(16) (48.2%)
40
(19) (42.6%)
36
(26) 30(45.00%)
High Court
Acquittals

Remanded to
Trial Courts by
High Courts
11
(1) (10.7%)
10
(5) (9.8%)
10
(6) (8.7%)
15
(7) (11.5%)
9
(6) (23.1%)
2
(2) (3.3%)
6
(6) (5.9%)
5
(3) (6.25%)
Remanded to
Trial Courts by
High Courts

27 Two cases involving two prisoners were abated due to the prisoners’ deaths.
28 Includes one case involving one prisoner, in which the High Court enhanced the sentence from life imprisonment to death penalty.
29 In one case involving one prisoner, the High Court dismissed the writ petition challenging the rejection of the mercy petition by
25 Proportions have been calculated against the total number of prisoners whose cases were decided in each calendar year. the President of India.
26 Includes one case involving one prisoner, in which the High Court enhanced the sentence from life imprisonment to death penalty. 30 In one case involving three prisoners, the High Court found two prisoners to have been juvenile at the time of offence.

28 29
OTHER DEATH DISPOSAL OF DEATH PENALTY
SENTENCE PROCEEDINGS CASES BY HIGH COURTS

On 17.08.2023, the Karnataka High Court commuted the death Section 366 of the CrPC mandates High Courts to hear and
sentence imposed on Saibanna Ningppa Natikar to life examine all death penalty cases from the trial courts, both on the
imprisonment (eligible for remission after 14 years) on the grounds question of conviction and sentence. The average number of
of in-ordinate and unexplained delay of more than seven years in prisoners whose cases were disposed of at the High Court
the consideration of his mercy petition, and of his imprisonment in confirmation proceedings stage between 2016-2022 is 94.32 In
solitary confinement for over sixteen years.31 Convicted in January 2023, High Courts disposed of 57 cases involving 80 prisoners,
2003 for the murder of his wife and daughter in 1994, Saibanna’s marking a 15.00% decrease from this average rate of disposal
death sentence was confirmed by the Karnataka High Court in between 2016 and 2022. It is pertinent to note at this juncture that
October 2003. His criminal appeal in the Supreme Court was with 488 prisoners, 2023 witnesses the highest number of
rejected in April 2005. His mercy petition dated 29.04.2005 was prisoners whose death penalty cases remain pending before the
rejected by the Governor of Karnataka in 2007, and subsequently High Court since the compilation of our Annual Statistics reports
by the President of India on 04.10.2013. Saibanna was in prison for in 2016.
30 years. He was 70 years old on the day of the commutation of
his sentence. Death sentences 153 114 113 104 78 146 167 120
imposed since 2016

Average number of
death sentences imposed
between 2016-2023:

123
2016 2017 2018 2019 2020 2021 2022 2023

Number of prisoners
whose cases were 104 114 113 131 39 60 101 80
decided by High Courts
since 2016
Average number of prisoners
whose cases were disposed by
High Courts between 2016-2022:

94
2016 2017 2018 2019 2020 2021 2022 2023

31 Saibanna s/o Ningappa Natikar v. Union of India, Writ Petition No. 3297 of 2013 32 Indicating the average from the total number of prisoners whose death penalty
(Karnataka High Court). cases were disposed of between 2016 to 2022.

30 31
NATURE OF OFFENCE AT
THE HIGH COURTS IN 2023 33 01
Commutations Confirmations Child Rape 0 0 0 0 6 0 0 1 0 0 2 2 2 0 2 0
Number of Prisoners without Murder
COMMUTED 2
CONFIRMED 0
Murder 32 1 28 4 18 8 35 6 12 1 5 2 12 2 16 1
Simpliciter
COMMUTED 13
2016 2017 2018 2019 2020 2021 2022 2023
CONFIRMED 1
Dacoity 0 4 16 1 1 0 1 0 0 0 0 0 0 1 0 0
with Murder
2016 2017 2018 2019 2020 2021 2022 2023 COMMUTED 0
CONFIRMED 0
Murder involving 17 6 17 4 18 15 14 16 10 2
33 34
9 1 14 1
35 36 16 0
Sexual Offences
COMMUTED 16 2016 2017 2018 2019 2020 2021 2022 2023
CONFIRMED 0
Terror 0 0 0 0 0 0 0 1 0 0 0 0 4 0
37
0 0
Offences
2016 2017 2018 2019 2020 2021 2022 2023 COMMUTED 0
CONFIRMED 0
Kidnapping 12 4 6 2 10 0 6 2 0 0 2 0 2 0 2 0
with Murder
COMMUTED 2
2016 2017 2018 2019 2020 2021 2022 2023
CONFIRMED 0
Others 38

0 0 0 0 0 0 1 0
39
0 0 3 0
40
0 0 0 0
COMMUTED 0
2016 2017 2018 2019 2020 2021 2022 2023
CONFIRMED 0

2016 2017 2018 2019 2020 2021 2022 2023

33 In one case, involving one prisoner, the High Court enhanced the sentence of life imprisonment to death sentence.
34 This data excludes one case involving two prisoners in which the High Court commuted the death sentence in a writ petition 37 Includes one case, involving three prisoners, in which the High Court acquitted the prisoners of the charge carrying the death
challenging the rejection of the mercy petition by the President of India. penalty, which resulted in a reduced sentence for the prisoners.
35 This data excludes one case involving one prisoner in which the High Court dismissed the writ petition challenging the 38 Includes offences for which no appeal of a death sentence was decided by the High Court in 2023, involving drug offences, 376E
rejection of the mercy petition by the President of India. (for multiple convictions of sexual offences).
36 In one case, involving one prisoner, the High Court acquitted the prisoner of the charge carrying the death penalty, which 39 Includes one case, involving one prisoner, who was sentenced to death in a drug offence case.
resulted in a reduced sentence for the prisoner. 40 Includes three cases, involving three prisoners, who were sentenced to death under 376E IPC (for multiple convictions of sexual offences).

32 33
SENTENCES IMPOSED BY ACCESS TO MITIGATION
HIGH COURTS ON COMMUTATION INVESTIGATORS AT THE HIGH COURT
OF DEATH SENTENCE
Number of Prisoners Since 2021, the Supreme Court has increasingly prioritised
gathering evidence regarding the life circumstances and
reformatory progress of the accused in death penalty cases
through orders seeking such information, and decisions directing
trial courts to follow suit. Extending these developments to the
Nature 2016 2017 2018 2019 2020 2021 2022 2023 41
High Court confirmation stage, the Kerala and Telangana High
of sentence Courts ordered enquiries to gather information on the accused’s
life circumstances, mental health and jail conduct for sentencing.43
Life
imprisonment In May 2023, the Kerala High Court directed mitigation
(eligible 41 36 41 33 7 4 22 18 investigators (professionals trained in social sciences) to collect
for remission information and present reports on the mental health,
after 14 years) 42
socioeconomic circumstances and other life circumstances of two
prisoners whose death sentence references are pending before
the High Court. Taking these directions forward, the High Court in
Fixed term September 2023 extended the enquiry to the six remaining
without 11 11 11 12 13 9 12 9 prisoners whose death sentence references were pending before
remission it. Both orders reiterate the Supreme Court decision in Manoj while
directing the State to place reports on the psychiatric evaluation
and jail conduct of the accused.
Imprisonment
for remainder In November 2023, the Telangana High Court directed mitigation
of natural life 2 4 1 12 2 2 10 8 investigators to prepare and present psychological evaluation
(ineligible for reports for five prisoners whose cases were pending before the
remission)
Court. Further, the Court directed the State to present reports on
the jail conduct and behaviour of the accused, with emphasis on
TOTAL the work undertaken by them in prison. While issuing these
NUMBER OF
COMMUTATIONS
56 51 53 57 22 21 45 36 directions, the Telangana High Court cited the Supreme Court’s
orders in Manoj as well as the directions by the Kerala High Court
earlier in the year.

43 State of Kerala v. Nino Mathew, Death Sentence Reference No. 2 of 2016 (Kerala
High Court), order dt. 11.05.2023; State of Kerala v. Narendra Kumar, Death Sentence
41 Information on the sentence upon commutation is unavailable for one case involving one prisoner. Reference No. 1 of 2018 (Kerala High Court), order dt. 27.09.2023; Special Judge for
42 Unless a judgment explicitly excludes remission or bars the state government from ordering early release, commutation to life Scheduled Offences of NIA, Ranga Reddy v. Asadullah Akhtar and Ors, Referred Trial
imprisonment is classified as ‘Life Imprisonment (eligible for remission after 14 years). No. 1 of 2016 (Telangana High Court), order dt. 22.11.2023.

34 35
HIGH COURT
ACQUITTALS IN 2023 35 19
No. of persons No. of cases
Coram Nature of Offence

Coram Nature of Offence

JHARKHAND 05.04.2023 Prisoners - 15

No. of persons Justices Rongon Mukhopadhyay and Ambuj Nath

BIIHAR 18.12.2023 Prisoners - 1
The State of Jharkhand v. Ramai Karua & Ors
No. of persons Justices Ashutosh Kumar and Alok Kumar Pandey Murder Simpliciter
The State of Bihar v. Amar Kumar

Murder involving Sexual Offences No. of cases

No. of cases

30.11.2023 Prisoners - 1
MADHYA PRADESH 21.06.2023 Prisoners - 1
Justices Chakradhari Sharan Singh and G Anupama No. of persons Justices Sujoy Paul and Achal Kumar Paliwal
The State of Bihar v. Deva Nand Singh In reference v. Vijay @ Pintiya
Murder Simpliciter Murder involving Sexual Offences
No. of cases

29.08.2023 Prisoners - 1

PUNJAB & HARYANA 20.12.2023 Prisoners - 1

Justices Chakradhari Sharan Singh and Nawneet
Kumar
The State of Bihar v. Shahid No. of persons Justices G S Sandhawalia and Harpreet Kaur Jeewan
State of Punjab v. Palwinder Singh
Murder involving Sexual Offences
Murder Simpliciter
No. of cases

36 37
 Coram Nature of Offence Coram Nature of Offence

RAJASTHAN 19.07.2023 Prisoners - 1 29.03.2023 Prisoners - 1

No. of persons Justices Pankaj Bhandari and Bhuwan Goyal Justices Pankaj Bhandari and Sameer Jain
State of Rajasthan v. Hariom Sharma State of Rajasthan v. Mohd. Sarvar Azmi @ Rajhans
Yadav
Murder involving Sexual Offences
No. of cases Terror Offences

Prisoners - 2
02.06.2023
29.03.2023 Prisoners - 1
Justices Pankaj Bhandari and Bhuwan Goyal
State of Rajasthan v. Sultan & Ors Justices Pankaj Bhandari and Sameer Jain
State of Rajasthan v. Saifur @ Saifur Rehman Ansari
Murder involving Sexual Offences
Terror Offences

29.03.2023 Prisoners - 1

Justices Pankaj Bhandari and Sameer Jain

State of Rajasthan v. Mohd. Saif @ Karian TRIPURA 17.05.2023 Prisoners - 2
Terror Offences No. of persons Justices Amarnath Goud and Arindam Lodh
The Sessions Judge, North Tripura Judicial District,
Dharmanagar v. the State of Tripura
29.03.2023 Prisoners - 1 No. of cases Murder Simpliciter

Justices Pankaj Bhandari and Sameer Jain

State of Rajasthan v. Mohd. Salman

Terror Offences

38 39
 Coram Nature of Offence Coram Nature of Offence

UTTAR PRADESH 07.08.2023 Prisoners - 1 WEST BENGAL 06.10.2023 Prisoners - 1

No. of persons Justices Ashwani Kumar Mishra and Syed Aftab No. of persons Justices Joymalya Bagchi and Ajay Kumar Gupta
Husain Rizvi State of West Bengal v. Saiful Ali and Ors
Jugal v. State of UP
Murder involving Sexual Offences
No. of cases Murder Simpliciter No. of cases

24.02.2023 Prisoners - 1
05.04.2023 Prisoners - 2
Justices Joymalya Bagchi and Ajay Kumar Gupta
Justices Ashwani Kumar Mishra and Vinod Diwakar Sudhama Sharma v. State of West Bengal
Rakesh Pandey v. State of UP
Murder involving Sexual Offence
Murder Simpliciter

16.10.2023 Prisoners - 1

Justices Ashwani Kumar Mishra and Syed Aftab

Husain Rizvi
Surendra Koli v. Central Bureau of Investigation44

Murder involving Sexual Offences

16.10.2023 Prisoners - 1

Justices Ashwani Kumar Mishra and Syed Aftab

Husain Rizvi
Moninder Singh Pandher v. Central Bureau of
Investigation and Another45

Murder involving Sexual Offences

44 Surendra Koli has been acquitted of all charges in twelve different cases wherein he had been sentenced to death.
45 Moninder Singh Pandher has been acquitted of all charges in two different cases wherein he had been sentenced to death.

40 41
HIGH COURT
COMMUTATIONS IN 2023 34 25
No. of persons No. of cases
Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence

Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence 01.12.2023 Prisoners - 1

Justices Ramesh Sinha and Naresh Kumar

Chandravanshi
BIHAR 26.06.2023 Prisoners - 1 In Reference of State of Chhattisgarh v. Sandeep Jain

No. of persons Justices Chakradhari Sharan and Rajesh Kumar Verma Murder Simpliciter
Jai Kishor Sah v. State of Bihar
Imprisonment for the rest of natural life without remission
Murder involving Sexual Offences
No. of cases
Fixed term imprisonment of 25 years without remission
NCT OF DELHI 26.06.2023 Prisoners - 1

No. of persons Justices Mukta Gupta and Anish Dayal

CHHATTISGARH 08.09.2023 Prisoners - 2
Jeevak Nagpal @ Veevek Nagpal @ Shanky v. The State
No. of persons Justices Ramesh Sinha and Naresh Kumar Kidnapping with Murder
Chandravanshi No. of cases
Fixed term imprisonment of 20 years without remission
In Reference of State of Chattisgarh v. Sohit Kumar
Kenwat
No. of cases
Murder Simpliciter 12.10.2023 Prisoners - 1
Life Imprisonment (eligible for remission after 14 years)
Justices Siddharth Mridul and Amit Sharma
Ariz Khan v. State of Delhi
27.04.2023 Prisoners - 1 Terror Offences

Justices Ramesh Sinha and Sanjay K Agrawal Life imprisonment (eligible for remission after 14 years)
In Reference of State of Chattisgarh v. Jhaggar Singh
Yadav

Murder involving Sexual Offences JHARKHAND 14.08.2023 Prisoners - 1

Imprisonment for the rest of natural life without
remission No. of persons Justices Shree Chandrashekhar and Ratnaker Bhengra
State v. Dablu Modi

Murder involving Sexual Offences

No. of cases
Fixed term imprisonment of 25 years without remission

42 43
 Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence

KARNATAKA 19.12.2023 Prisoners - 3 03.05.2023 Prisoners - 1

No. of persons Justices Sreenivas Harish Kumar and Ramachandra D. Justices Sujoy Paul and Amar Nath (Kesharwani)
Huddar Ribu @ Akbar Khan v. State of Madhya Pradesh
Babu v. State of Karnataka
Murder involving Sexual Offences
No. of cases Murder Simpliciter
Imprisonment for the rest of natural life without remission
Life imprisonment (eligible for remission after 14 years)

MAHARASHTRA 15.09.2023 Prisoners - 1

MADHYA PRADESH 01.08.2023 Prisoners - 1 No. of persons Justices Vibha Kankanwadi and Abhay S Waghwase
State of Maharashtra v. Baburao Ukandu Sangerao @
No. of persons Justices Ravi Malimath and Vishal Mishra Baburao Malegaonkar
In reference received from Sessions Judge, Raisen (M.P)
v. Jitendra Uikey
No. of cases Murder involving Sexual Offences

No. of cases Murder involving Sexual Offences Fixed term imprisonment of 25 years without remission

Imprisonment for the rest of natural life without remission

31.10.2023 Prisoners - 1

19.12.2023 Prisoners - 3 Justices Vinay Joshi and Valmiki SA Menezes

State of Maharashtra v. Raju s/o Channulal Birha
Justices Sujoy Paul and Binod Kumar Dwiwedi
Murder Simpliciter
In reference received from IVth Additional Sessions
Judge, District Jabalpur (M.P) v. Ravi Kushwaha & Ors Fixed term imprisonment of 30 years without remission

Murder Simpliciter

Imprisonment for the rest of natural life without

remission RAJASTHAN 14.03.2023 Prisoners - 1

No. of persons Justices Pankaj Bhandari and Anil Kumar Upman

State of Rajasthan v. Sundar @ Surendra @ Santu

Murder involving Sexual Offences

No. of cases
Imprisonment for the rest of natural life without remission

44 45
 Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence

31.05.2023 Prisoners - 1 TELANGANA 28.04.2023 Prisoners - 3

Justices Pankaj Bhandari and Bhuwan Goyal No. of persons Justices P Naveen Rao and Juvvadi Sridevi
State of Rajasthan v. Sunil Kumar State of Telangana v. Shaik Babu and Ors

Child Rape without Murder Murder involving Sexual Offences

No. of cases
Life imprisonment (eligible for remission after 14 years) Imprisonment for the rest of natural life without remission

18.07.2023 Prisoners - 1

Justices Pankaj Bhandari and Bhuwan Goyal UTTAR PRADESH 26.09.2023 Prisoners - 1
State of Rajasthan v. Suresh Kumar
No. of persons Justices Ashwani Kumar Mishra and Syed Aftab
Murder involving Sexual Offences Husain Rizvi
Imprisonment for the rest of natural life without Ranvir Singh v. State of UP
remission No. of cases Murder Simpliciter

Life imprisonment (eligible for remission after 14 years)

TAMIL NADU 21.11.2023 Prisoners - 1

No. of persons Justices S S Sundar and Sunder Mohan WEST BENGAL 06.10.2023 Prisoners - 2
The State Rep by the Inspector of Police v. XXX Father
of the victim child No. of persons Justices Joymalya Bagchi and Ajay Kumar Gupta
No. of cases Child Rape without Murder State of West Bengal v. Saiful Ali and Ors

Life imprisonment (eligible for remission after 14 years) Murder involving Sexual Offences

Imprisonment for the rest of natural life without

No. of cases remission

46 47
Coram Nature of Offence Sentence Imposed on Commutation of Death Sentence

24.03.2023 Prisoners - 1 02.02.2023 Prisoners - 1

Justices Debangsu Basak and Md Shabbar Rashidi Justices Joymalya Bagchi and Ajay Kumar Gupta
State of West Bengal v. Sovan Sakrar The State of West Bengal v. Pranab Roy

Murder Simpliciter Murder involving Sexual Offences

Imprisonment for the rest of natural life without remission Life imprisonment (eligible for remission after 14 years)

10.03.2023 Prisoners - 3 03.01.2023 Prisoners - 1

Justices Joymalya Bagchi and Subhendu Samanta Justices Debangsu Basak and Md Shabbar Rashidi
State of West Bengal v. Sahadeb Barman & Ors The State of West Bengal v. Tapan Bag
Murder Simpliciter Kidnapping with Murder
Fixed term imprisonment of 30 years without remission Fixed term imprisonment of 40 years without remission

31.01.2023 Prisoners - 2

Justices Debangsu Basak and Md Shabbar Rashidi

State of West Bengal v. Gourab Mondal @ Shanu & Anr.

Murder involving Sexual Offences

Imprisonment for the rest of natural life without remission

12.04.2023 Prisoners - 1

Justices Debangsu Basak and Md Shabbar Rashidi

State of West Bengal v. Nandita Saha @ Mou & Anr.

Murder Simpliciter

Fixed term imprisonment of 40 years without remission

48 49
HIGH COURT
CONFIRMATIONS IN 2023 01 01
No. of persons No. of cases
HIGH COURT
REMANDED CASES IN 2023 04 02
No. of persons No. of cases

Coram Nature of Offence

Coram Nature of Offence

JHARKHAND 18.10.2023 Prisoners - 3

KARNATAKA 30.05.2023 Prisoners - 1
No. of persons Justices Shree Chandrashekhar and Anubha Rawat
No. of persons Justices Suraj Govindaraj and G Basavaraja
Choudhary
Byluru Thippaiah @ Byaluru Thippaiah v. State of
State of Jharkhand v. Mithu Rai & Ors
Karnataka
No. of cases Murder involving Sexual Offences
No. of cases Murder Simpliciter

RAJASTHAN 24.04.2023 Prisoners - 1

No. of persons
Justices Pankaj Bhandari and Bhuwan Goyal
State of Rajasthan v. Lalchand s/o Nandlal

No. of cases Murder involving Sexual Offences

MADHYA PRADESH 11.09.2023 Prisoners - 1

No. of persons Justices Ravi Malimath and Vishal Mishra

Anokhilal s/o Seetaram v. State of Madhya Pradesh46

Murder involving Sexual Offences

No. of cases

46 This High Court decision is the second remand by an appellate court in the prisoner Anokhilal’s case. Anokhilal had been sentenced to
death in 2013 and the case was remanded to the trial court for fair trial violations by the Supreme Court in 2019. The Sessions Court
convicted Anokhilal and re-sentenced him to death in 2022. In 2023, the High Court once again remanded the case back to the Sessions
Court citing fair trial violations.

50 51
SUPREME COURT IN 2023
Prisoners (Cases) (Proportion of prisoners)

47
Criminal Appeal And Related Proceedings In 2023

2016 2017 2018 2019 2020 2021 2022 2023

Commutations 10
(8) (83.3%)
0
(0) (0%)
11
(11) (78.6%)
16
(16) (45.7%)
4
(3) (28.6%)
5
(4) (55.5%)
7
(5) (53.3%)
3
(3) (27.3%)
Commutations

Confirmations 1
(1) (8.3%)
8
(4) (100%)
3
(1) (21.4%)
6
(6) (17.1%)
6
(4) (42.9%)
0
(0) (0%)
2
(2) (13.3%)
0
(0) (0%)
Confirmations

Acquittals 1
(1) (8.3%)
0
(0) (0%)
0
(0) (0%)
11
(3) (31.4%)
0
(0) (0%)
4
(2) (44.4%)
5
(3) (33.3%)
6
(5) (54.5%) 49
Acquittals

Remanded 0
(0) (0%)
0
(0) (0%)
0
(0) (0%)
2
(2) (5.7%)
0
(0) (0%)
0
(0) (0%)
0
(0) (0%)
2
(2) (18.2%)
Remanded

47 Including Criminal Appeals, Review Petitions or Curative Petitions connected to the original Criminal Appeal. 48 Includes two cases involving two prisoners who were declared to be juvenile at the time of offence.

52 53
NATURE OF OFFENCE AT THE
SUPREME COURT IN 2023 Commutations Confirmations
03 00 Others 0 0 0 0 7 0 2 4 0 0 0 0 0 0 0 0
Criminal Appeal & Related Proceedings
COMMUTED 0
Number of Prisoners CONFIRMED 0

Murder 5 0 0 0 4 0 3 0 0 2 3 0 3 0 2 0
Simpliciter
COMMUTED 2 2016 2017 2018 2019 2020 2021 2022 2023
CONFIRMED 0

2016 2017 2018 2019 2020 2021 2022 2023

Murder involving 5 1 0 5 6 3 11 4 1 4 1 1 4 1 0 0
Sexual Offences
COMMUTED 0
CONFIRMED 0

2016 2017 2018 2019 2020 2021 2022 2023

Terror 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0
Offences
COMMUTED 0
CONFIRMED 0

2016 2017 2018 2019 2020 2021 2022 2023

Kidnapping with 0 0 0 2 1 0 1 3 3 0 0 0 0 0 1 0
Murder
COMMUTED 1
CONFIRMED 0

2016 2017 2018 2019 2020 2021 2022 2023

54 55
SUPREME COURT SENTENCES ANALYSIS OF SUPREME
IMPOSED UPON COMMUTATION COURT DECISIONS IN 2023
OF DEATH SENTENCE IN 2023
Number of Prisoners
The Supreme Court acquitted four prisoners in three death
penalty appeals, remanded two death penalty cases involving two
prisoners to the trial court and the High Court, and commuted the
death sentences of three death row prisoners in criminal appeals.
Nature 2016 2017 2018 2019 2020 2021 2022 2023 Additionally, the Supreme Court released two prisoners in two
of sentence death penalty cases upon finding that they were children in
conflict with the law at the time of the offences.
Life
imprisonment In acquitting and remanding cases of death row prisoners, the
(eligible 7 0 4 8 1 4 0 1 Supreme Court noted serious concerns in the quality of police
for remission 49 investigation and appreciation of evidence by the trial courts. In
after 14 years)
particular, the Court criticised the trial courts for their uncritical
reliance on forensic reports without examining the reliability of the
procedures used in the collection of forensic samples, and in the
Fixed term absence of cross-examination of forensic experts. The Court also
without 1 0 5 4 3 1 5 1 criticised the careless manner in which police investigations were
remission conducted, resulting in evidence that was incomplete and possibly
tampered with.

While commuting death sentences of three prisoners, the

Full life without Supreme Court continued its emphasis on their ability to reform by
0 0 2 4 0 0 3 1 relying on information about the accused, including those from
remission
their jail conduct reports.

TOTAL
NUMBER OF
COMMUTATIONS
8 0 11 16 4 5 8 3

49 Unless a judgment explicitly excludes remission or bars the state government from ordering early release, commutation to life
imprisonment is classified as ‘Life Imprisonment (eligible for remission after 14 years)’.

56 57
 ACQUITTALS IN 2023
(Number of Prisoners)

21.09.2023 Rajesh and Ors. v. State of Madhya Pradesh (2) 23.08.2023 Irfan @ Naka v. State of Uttar Pradesh (1)

Kidnapping with Murder Case History Murder Simpliciter Case History

Criminal Appeal No. 794 of Rajesh and Raja were convicted and sentenced to death by the trial Criminal Appeal No. 825 of Irfan was convicted and sentenced to death by the Additional
2022 court for the kidnapping and murdering a fifteen year old boy on 2022 Sessions Judge (VI), Bijnor for the murder of his son and two brothers
29.12.2016. The High Court of Madhya Pradesh (Jabalpur Bench) on 31.07.2017. The Allahabad High Court upheld his conviction and
Justices B R Gavai, upheld their conviction and confirmed their death sentence on Justices B R Gavai, confirmed the death sentence on 25.04.2018. Irfan filed an appeal in
J B Pardiwala and Sanjay 10.08.2017. The accused persons filed appeals against their J B Pardiwala and the Supreme Court against the High Court’s decision. The Supreme
Kumar conviction and sentence before the Supreme Court. The Supreme P K Mishra Court acquitted Irfan of all charges and set aside his conviction and
Court acquitted the accused of all charges, and set aside their death sentence.
conviction and death sentences.

Supreme Court (Criminal Appeal)

Supreme Court (Criminal Appeal)
The Supreme Court held that the eyewitness testimonies had
While acquitting Rajesh and Raja, the Supreme Court found that the contradicted each other. The Court also found that these
prosecution had not established the guilt of the accused persons testimonies were also inconsistent with the deceased’s dying
beyond all reasonable doubt. The Supreme Court rejected the declaration pertaining to the cause of their death. Additionally, the
recovery evidence led by the prosecution. It also rejected the claim Court noted the absence of any other evidence to corroborate the
that the hair belonging to one of the accused was found in the dying declaration. Based on these material inconsistencies in
deceased’s hand, when his corpse was discovered. The Supreme witness statements, and the unreliable nature of the dying
Court found that the police had manipulated the investigation, declaration, the Supreme Court acquitted Irfan of all charges. At the
disregarded evidence procedures, and had glossed over important time of release, Irfan had spent six years on death row.
leads making their version of events extremely inconsistent. While
criticising the quality of police investigation, the Supreme Court
remarked that it was necessary to devise a consistent and
dependable code of investigation for the police. At the time of
acquittal, Raja and Rajesh had spent seven years on death row.

58 59
19.05.2023 Prakash Nishad @ Kewat Zinak Nishad v. State of 03.03.2023 Karan @ Fatiya v. State of Madhya Pradesh (1)
Maharashtra (1)
Murder involving Case History
Murder involving Case History Sexual Offences
Sexual Offences Karan was convicted and sentenced to death on 17.05.2018 for the
Prakash Kewat was convicted and sentenced to death by the trial Criminal Appeal No. 572 of rape and murder of a minor girl. The High Court of Madhya Pradesh
Criminal Appeal No. 1636 court for the rape and murder of a six year old girl on 27.11.2014. The 2019 (Indore Bench) confirmed his conviction and death sentence on
of 2023 High Court upheld the conviction and confirmed the death sentence 15.11.2018. Karan filed an appeal against his conviction and sentence
on 14.10.2015. Prakash Kewat appealed the High Court decision Justices B R Gavai, before the Supreme Court. During the pendency of the proceedings
Justices B R Gavai, before the Supreme Court. The Supreme Court acquitted Kewat of Vikram Nath and Sanjay before the Supreme Court, Karan moved an application claiming
Sanjay Karol and Vikram all charges, setting aside his conviction and death sentence. Karol that he was a juvenile on the date of offence. On 28.09.2022, the
Nath Supreme Court directed the trial court to conduct an inquiry into
Karan’s juvenility at the time of the crime. The First Additional
Supreme Court (Criminal Appeal) Sessions Juge, Manawar, Madhya Pradesh submitted a report on
27.10.2022, finding that Karan was fifteen years old on the date of the
The Supreme Court found that the evidence used to secure Kewat’s offence.
guilt was unreliable and incomplete due to serious lapses in the
police investigation. The Court took note of the failure of the police
to conduct the medical examination of the accused to gather Supreme Court (Criminal Appeal)
evidence in sexual offences. Further, it observed that the biological
samples of the accused - a prerequisite for a DNA analysis - had not Based on the report of the First Additional Sessions Judge, Manawar,
been collected during investigation. Noting significant delays in the Supreme Court held that Karan was a juvenile (below eighteen
forwarding the DNA samples, the Supreme Court found a high years of age) at the time of offence. The Supreme Court did not
possibility of tampered forensic evidence, and hence cast doubt delve further into the merits of the case. Based on the report
over the validity of the DNA reports. The Supreme Court also attesting to his juvenility, the Court set aside Karan’s death sentence
disregarded evidence on the police recovery of bloodstained clothes and directed his immediate release. Karan had spent five years on
at Kewat’s behest. Instead, it found that the police had death row at the time of his release.
unsuccessfully searched the location of the clothes prior to his
statement to the police. The Supreme Court commented on the poor
quality of police investigation, and characterised the evidence used
in conviction as one with “yawning gaps”. Kewat had spent nine
years on death row before being acquitted by the Supreme Court.

60 61
 REMANDED CASES IN 2023

27.03.2023 Narayan Chetanram Chaudhary v. State of 04.09.2023 Munna Pandey v. State of Bihar (1)
Maharashtra (1)
Murder involving Case History
Murder Simpliciter Case History Sexual Offences
Munna Pandey was convicted for the rape and murder of a ten year
Review Petition No. 1139 of Narayan was convicted and sentenced to death by the trial court on Criminal Appeal Nos. 1271- old girl child by the trial court. A criminal appeal was filed before the
2000 23.02.1998 for the murder of five women and two children. The High 1272 of 2018 Patna High Court which was disposed of together with the
Court confirmed his death sentence on 22.07.1999. The Supreme confirmation proceedings. The Patna High Court upheld the
Justices Aniruddha Bose, Court had upheld the same in its criminal appeal on 05.09.2000. Justices B R Gavai, conviction and death sentence in its judgment dated 10.04.2018. The
K M Joseph and Hrishikesh Narayan’s review petition before the Supreme Court had been J B Pardiwala and P K judgment of the High Court was appealed before the Supreme
Roy dismissed on 24.11.2000. Mishra Court in this criminal appeal. The Supreme Court remanded the case
to the Patna High Court upon recording a failure of the High Court in
On 14.08.2005, Narayan moved an application in Yerwada prison discharging its statutory duties.
seeking determination of his age. As per the report, he was between
22 and 40 years of age in 2005. Narayan also filed a writ petition in
the Supreme Court seeking to quash his death sentences on the Supreme Court (Criminal Appeal)
grounds of his juvenility during the offence. This writ petition was
dismissed without full hearing in open court by the Court in its order The Supreme Court criticised the Patna High Court for its failure to
dated 12.08.2013. Narayan filed a subsequent review petition50 recognise fair trial violations at the trial court. Additionally, it found
pressing the grounds of juvenility. On 29.01.2019, the Supreme Court that the High Court had failed to discharge its statutory duty under
directed the Principal District and Sessions Judge, Pune to decide the CrPC when deciding a death penalty confirmation proceeding.
the issue of Narayan’s juvenility. In its report, the inquiring judge The Supreme Court held that the High Court has a duty to reconsider
recorded that Narayan was twelve years and six months at the time the entire trial court case record, including all the materials used to
of the offence. convict and sentence the accused in death penalty confirmation
proceedings. The Court differentiated this duty from regular criminal
appeals in non-death penalty cases, wherein the High Court could
Supreme Court (Review Petition) limit itself in examining the correctness of the trial court judgment
alone.
Based on the report, the Supreme Court relied on Narayan’s date of
birth (as recorded in his school register) according to which he had The Supreme Court observed that the Patna High Court had failed
been twelve years old at the time of offence. The Supreme Court’s to recognise contradictions between witness statements given to
decision confirming Narayan’s juvenility came 28 years into his the police as opposed to their statements in court. Further, the Court
imprisonment (with 25 years spent on death row). The Supreme noted that the High Court had not questioned lapses in the
Court set aside his death sentence and directed his release. investigation. This included the failure of the police to conduct a
medical examination of the accused, and their failure to produce the
forensic science lab report before the court. The Supreme Court also
recognised multiple fair trial lapses at the trial court which went
unnoticed by the High Court. The Supreme Court found that the
accused had not been offered the statutory opportunity to explain
50 In Mohd Arif, the Supreme Court had mandated future benches to hear review all the evidence used against him to establish guilt. Further, the Court
petitions pertaining to death penalty cases in open court. Previously, the Supreme Court cast doubt on the quality of legal representation received by Munna
had had the discretion to hear and dispose of death penalty review petitions in
during the trial by observing the counsel’s failure to question serious
chamber, without the opportunity of oral arguments in an open court. Review petitions in
death penalty cases, which had previously been dismissed by judges in chamber, could
contradictions in witness statements.
now be reopened for a hearing in open court.

62 63
 19.10.2023 Naveen @ Ajay v. State of Madhya Pradesh (1)

Murder involving Case History

Sexual Offences
While the Court’s criticism of the High Court confirmation Naveen @ Ajay was convicted for the rape and murder of a three
proceedings formed the basis of its remand, the Supreme Court also Criminal Appeal Nos. 489- month old girl child by a Sessions Court in Indore, Madhya Pradesh
criticised the police for conducting a shoddy investigation, and the 490 of 2019 and sentenced to death. The High Court of Madhya Pradesh upheld
trial court for fair trial violations. Given that Munna had already spent the conviction and death sentence in its judgment dated 24.12.2018.
nine years in prison, the Supreme Court directed the Patna High Justices B R Gavai, The judgment of the High Court was appealed before the Supreme
Court to dispose of his case efficiently and quickly, with the aid of an P S Narasimha and P K Court in this criminal appeal. Upon recording fair trial violations, the
experienced defence counsel representing him. Mishra Supreme Court remanded the case to the trial court for a fresh trial.

Supreme Court (Criminal Appeal)

The Supreme Court observed that the trial was conducted hastily
(within fifteen days). Consequently, it held that the trial court had
failed to offer the accused a fair opportunity to defend himself
during various stages of the trial. The Court observed that various
forensic reports (including the DNA, FSL and Viscera reports) had not
been filed with the charge sheet. Further, the Court cast doubt over
the supply of witness statements to the accused, finding that the
trial court order sheet had made no reference to this end.
Resultantly, the Court held that the trial court had not provided the
defence with a fair opportunity to rebut the evidence filed against
the accused.

The Supreme Court noted that the trial was conducted on a day-to-
day basis, impeding the ability of the accused to present defence
witnesses within a day. The Court found that such durations made it
particularly difficult for the defence to enforce the attendance of
forensic experts, and to conduct their cross-examination. Despite
statutory mandate, the Court observed that the trial court had failed
to offer the accused the opportunity to deny or admit the evidence
against him in the forensic reports. Further, the Court held that the
trial court’s hurried manner of conducting the trial could have
impacted the counsel’s ability to prepare well and to put forth a
robust defence. At the time of remand, Naveen had already spent
five years on death row.

64 65
 COMMUTATIONS IN 2023

20.03.2023 Sundar @ Sundarrajan v. State by Inspector of Police (1) 28.04.2023 Digambar Dasre v. State of Maharashtra (1)

Kidnapping with Murder Case History (Review Petition) Murder Simpliciter Case History

Review Petition (Crl.) Nos. Sundar @ Sundarrajan was convicted for the kidnapping and Criminal Appeal Nos. 221- Digambar Dasre was convicted for the murder of his sister and her
159-160 of 2013 murder of a seven year old child by a trial court in Tamil Nadu and 222 of 2022 with Criminal lover by Sessions Court in Nanded, Maharashtra and sentenced to
sentenced to death on 30.07.2010. The Madras High Court upheld Appeal No. 280 of 2023 death on 18.07.2019. The Bombay High Court upheld the conviction
Justices D Y Chandrachud, the conviction and death sentence in its judgment dated 30.09.2010. and death sentence in its judgment dated 13.12.2021. The judgment
Hima Kohli and P The judgment of the High Court was appealed before the Supreme Justices B R Gavai, Vikram of the High Court was appealed before the Supreme Court in this
Narasimha Court. The Supreme Court confirmed the death sentence in its Nath and Sanjay Karol criminal appeal. The court commuted Digambar Dasre’s death
criminal appeal dated 05.02.2013. The petitioner filed a review sentence to a sentence of simple life imprisonment on 28.04.2023.
petition against the rejection of his criminal and relied on Mohd. Arif
alias Ashfaq v. Registrar, Supreme Court of India.51 The Supreme
Court in this case commuted the death sentence imposed on Supreme Court (Criminal Appeal)
Sundar @ Sundarrajan to life imprisonment for a fixed term of
twenty years without remission. Noting Digambar’s young age (25 years) at the time of offence, and
finding the lack of brutality in the injuries, the Supreme Court held
that the death penalty could not be imposed. Further reliance was
Supreme Court (Review Petition) placed on reports from the jail authorities and probation officer
(which stated that the appellant was well-behaved, helpful and
Sundar @ Sundarrajan’s death sentence was commuted exhibited leadership qualities). By relying on precedents, the Court
considering a lack of a prior criminal record, his age at the time of held that honour killing by itself did not deserve a death sentence.
the offence (23 years old), satisfactory conduct in prison and his Based on the evidence of Digambar’s probability of reformation, the
history with systematic hypertension. Although Sundar @ nature of offence and lack of brutality, the Supreme Court
Sundarrajan had attempted to escape from prison in 2013, the commuted his death sentence to life imprisonment. The Court did
Supreme Court observed that he showed potential to reform by not interfere with the sentence of co-accused Mohan, as he had
engaging in vocational education. However, the Court noted that originally been sentenced to life imprisonment.
due to the “gruesome crime”, the sentence of life imprisonment with
remission would be inadequate.

The Supreme Court found that the trial court had limited its
examination to offence-related circumstances alone, without
adequate consideration of mitigation. Similarly, it also found limited
engagement with the accused’s circumstances at the High Court
stage and acknowledged the presence of these limitations in its own
criminal appeal. The Court observed that both trial court and
appellate courts had failed to effectively consider mitigation during
sentencing by acting as “indifferent by-standers”. Additionally, the
Court criticised the criminal appeal’s consideration of offence-
related circumstances, noting that the sex of the deceased child
could not be considered aggravating in and of itself.

51 In Mohd Arif, the Supreme Court had mandated future benches to hear review
petitions pertaining to death penalty cases in open court. Previously, the Supreme
Court had had the discretion to hear and dispose of death penalty review petitions in
chamber, without the opportunity of oral arguments in an open court.

66 67
 MERCY PETITIONS

09.11.2023 Madan v. State of Uttar Pradesh (1) The President of India rejected the mercy petition of Vasanta
Sampat Dupare on 12th March 2023. Vasanat Sampat Dupare was
Murder Simpliciter Case History convicted on 29.09.2010 for the kidnapping, rape and murder of a
minor in 2008. His death sentence was confirmed by the Bombay
Criminal Appeal Nos. 1381- Madan was convicted along with two other co-accused persons for High Court (Nagpur Bench) on 27.03.2012. The Supreme Court
1382 of 2017 with Criminal the murder of six persons by trial court in Muzaffarnagar, Uttar confirmed his death sentence on 26.11.2014 at the criminal appeal
Appeal No. 1790 of 2017 Pradesh and sentenced to death on 31.07.2015. The Allahabad High stage. Subsequently, his review petition was rejected by the
Court upheld the conviction and death sentence in its judgment Supreme Court on 03.05.2017.
Justices B R Gavai, dated 22.02.2017. The judgment of the High Court was appealed
B V Nagarathna, Prashant before the Supreme Court in this criminal appeal. The Supreme
Kumar Mishra Court commuted the sentence of Madan to life imprisonment for a
fixed term of twenty years without remission on 09.11.2023.

Supreme Court (Criminal Appeal)

The Supreme Court commuted Madan’s death sentence based on

his young age and good prison conduct. The Court observed that
the trial court sentenced the co-accused in the case to life
imprisonment despite relying on the same evidence. Further, it found
that the High Court commuted the other co-accused’s sentence to
life but confirmed Madan’s death sentence. While acknowledging
that the death sentence had been confirmed due to criminal
antecedents, the Supreme Court held that a death sentence could
not be confirmed based on criminal antecedents alone. Particular
emphasis was placed on the Madan’s conduct in prison
demonstrating his probability of reformation while commuting the
death sentence. However, the Court imposed a life sentence barring
remission for twenty years on the basis of brutality of offence.

68 69
DEVELOPMENTS
IN THE LAW Clause 437 of the BNSS codifies the procedure for the filing of
mercy petitions by persons on death row.54 The proposed clause
restricts the scope of persons who can file mercy petitions on
behalf of death row prisoners and the number of mercy petitions

01
which may be filed.55 Strict time limits on the filing of mercy
Constitutionality of Hanging as a Method of Execution petitions have been introduced.56 Further, the clause enables
clubbing mercy petitions for cases involving multiple accused.57
In Rishi Malhotra v. Union of India, the Supreme Court considered

03
a writ petition challenging the constitutionality of hanging as a
method of execution. The Court issued orders in this petition, Recommendation of the Parliamentary Standing
directing the Union to set up a committee (of experts in the Committee on the Retention of Capital Punishment
medical sciences and the law) to examine alternative methods of
execution which could cause death in a quicker, less painful In light of the increased number of offences punishable with death
manner. Previously, a three-judge bench of the Supreme Court had under the BNS, the Parliamentary Standing Committee on Home
upheld the constitutionality of hanging in Deena v. Union of India Affairs, in its 246th Report on the Bharatiya Nyaya Sanhita 2023,
(1983). took note of submissions by various experts on the need to abolish
the death penalty or the systemic changes to be introduced upon

02
its retention.58 Expert submissions against the death penalty relied
Introduction of New Criminal Law Bills on the sparse rate of death sentence confirmations by the
Supreme Court (as opposed to the “poorly reasoned and
Three new criminal bills - the BNS, BNSS and BSB introduced in consistently high number of death sentences” imposed at trial
Parliament by the Union Government to replace the IPC, CrPC and courts) and the global trend towards abolition.59 The Committee
IEA were passed by the Lok Sabha and the Rajya Sabha in the also recorded submissions seeking to establish “mitigation steps
Winter Session of the Parliament in 2023 and received the and processes” through the BNSS, the establishment of
President’s assent on 25 December 2023. The Ministry of Home Sentencing Councils to “formulate guidelines on sentencing for
Affairs is set to notify the date on which the laws will come the judiciary” and the need to plug the gaps in the rarest of rare
to effect. doctrine guiding capital sentencing, should the death penalty be

The BNS retains the offences punishable with death under the IPC
and expands the number of offences punishable with death from
twelve (under the IPC) to eighteen. It also introduces the offence
of mob lynching in the provision of murder as a special category 54 Cl. 473 of the BNS.
55 Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 - A
of murder committed by ‘five or more persons acting in concert’
Substantive Analysis, 2023, Project 39A, National Law University, Delhi, pg. 74.
and motivated by the social profile of the victim52 and makes it Available at: https://p39ablog.com/wp-content/uploads/2023/10/P39A-Blog_-BNSS_
punishable with the death penalty. Notably, unlike murder which BSB_Research-Brief.pdf.
can be punished with life or death sentence, the newly created 56 Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 - A
offence of mob lynching is punishable with 7 years imprisonment Substantive Analysis, 2023, Project 39A, National Law University, Delhi, pg. 74.
Available at: https://p39ablog.com/wp-content/uploads/2023/10/P39A-Blog_-BNSS_
or life imprisonment or the death penalty.53
BSB_Research-Brief.pdf.
57 Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 - A
Substantive Analysis, 2023, Project 39A, National Law University, Delhi, pg. 74.
Available at: https://p39ablog.com/wp-content/uploads/2023/10/P39A-Blog_-BNSS_
BSB_Research-Brief.pdf.
52 Bharatiya Nyaya Sanhita Bill - A Substantive Analysis, 2023, Project 39A, National 58 Department Related Parliamentary Standing Committee on Home Affairs, 246th
Law University, Delhi, pg. 18. Available at: https://p39ablog.com/wp-content/uploads/ Report on the Bharatiya Nyaya Sanhita, 2023 (10 November 2023).
2023/08/Bharatiya-Nyaya-Sanhita-Bill-2023-Research-Brief.pdf. 59 Department Related Parliamentary Standing Committee on Home Affairs, 246th
53 Cl. 101(2) of the BNS; Cl. 115(4) of the BNS. Report on the Bharatiya Nyaya Sanhita, 2023 (10 November 2023) [paras 2.9, 2.10].

70 71
 INTERNATIONAL
retained.60 Additionally, submissions seeking to address persisting DEVELOPMENTS
issues in death penalty administration- including the lack of
adequate legal representation, media influence in trials leading to
the death penalty and issues with legal representation in cases
involving “religious or caste prejudice” were highlighted.61 After MALAYSIA Malaysia Repeals Mandatory Death Penalty and
taking note of these submissions, the Committee officially Natural Life Imprisonment
recommended the matter of retention to be left up to the
Government, but recognised that the fallibility of the judicial On 11 April 2023, Malaysia’s Parliament passed two bills abolishing
system and the resultant possibility of imposition of the death the mandatory death penalty and the sentence of life
penalty on innocent persons is the strongest argument against the imprisonment till the end of natural life. The first bill called the
death penalty that could be made.62 Abolition of Mandatory Death Penalty Bill 2023 abolishes the
mandatory death penalty for twelve offences including murder,
drug trafficking, treason, and terrorism.63 For these offences,
judges now have the option to use their discretion to impose the
death penalty. The death penalty has also been abolished as a
punishment for seven offences entirely. The second bill, Revision of
Sentence of Death and Imprisonment for Natural Life (Temporary
Jurisdiction of the Federal Court) Bill 2023, allows for the
resentencing of persons sentenced to death or natural life
imprisonment.64

GHANA Ghana Outlaws the Death Penalty for Ordinary Crimes

On 25 July 2023, the Parliament of Ghana passed the Criminal

Offences (Amendment) Bill, 202265 with the aim to abolish the
death penalty and replace it with life imprisonment for the
offences of murder, genocide, piracy and smuggling. The death
penalty can still be imposed for acts of high treason. Ghana last
carried out an execution in 1933.

63 Abolition of Mandatory Death Penalty Bill 2023, D.R. 7/2023, available at: https://
www.parlimen.gov.my/bills-dewan-rakyat.html?uweb=dr&lang=en#.
60 Department Related Parliamentary Standing Committee on Home Affairs, 246th 64 Revision of Sentence of Death and Imprisonment for Natural Life (Temporary
Report on the Bharatiya Nyaya Sanhita, 2023 (10 November 2023) [para 2.11]. Jurisdiction of the Federal Court) Bill 2023, D.R. 8/2023, available at: https://www.
61 Department Related Parliamentary Standing Committee on Home Affairs, 246th parlimen.gov.my/bills-dewan-rakyat.html?uweb=dr&lang=en#.
Report on the Bharatiya Nyaya Sanhita, 2023 (10 November 2023) [para 2.11]. 65 Available here: http://ir.parliament.gh/bitstream/handle/123456789/2385/
62 Department Related Parliamentary Standing Committee on Home Affairs, 246th Criminal%20Offence%20%28Amendment%29Bill%2c2022.pdf?
Report on the Bharatiya Nyaya Sanhita, 2023 (10 November 2023) [para 2.12]. sequence=1&isAllowed=y

72 73
UZBEKISTAN Codification of Abolition of the Death Penalty in UNITED STATES State of Washington Formally Abolishes the Death
Uzbekistan’s Constitution through Referendum OF AMERICA Penalty

On 30 April 2023, through a Referendum on a Constitutional On 21 April 2023, Washington State Governor Jay Inslee signed a
Amendment, Uzbekistan recorded 90% of votes in favour of bill into law that eliminated the death penalty as a state-
changes to the Constitution of Uzbekistan. One of the changes sanctioned punishment.67 The Governor had moved a moratorium
allows for the abolition of the death penalty to be codified in on the death penalty in 2014. In 2018, Washington Supreme Court
Article 25 of the Constitution. The death penalty as a punishment ruled the death penalty to be unconstitutional due to its
had been abolished in Uzbekistan since 2008, through this inconsistent application.68
Constitutional Amendment, the abolition has been specifically
codified in the Constitution.

KENYA Commutation of Death Sentences to Life

Imprisonment in Kenya

In July 2023, the President of Kenya commuted all death sentences

imposed before 21st November, 2022 to life imprisonment, based
on a recommendation by the Power of Mercy Advisory Committee.
Previously, in 2009 and 2016, the then Presidents had also
commuted death sentences of 4000 and 2655 prisoners,
respectively. In 2017, the Supreme Court of Kenya held the
mandatory death penalty for the offence of murder to be
unconstitutional.66 Kenya’s last execution was carried out in 1987.

AZERBAIJAN Azerbaijan Signs Protocol to Abolish Death Penalty in

All Circumstances

On 8 March 2023, Azerbaijan signed Protocol No. 13 to the

European Convention on Human Rights, on the abolition of the
death penalty in all circumstances. This makes the country the last
Member State of the Council of Europe to sign the Protocol.
Azerbaijan is yet to ratify the Protocol.

67 State Bill 5087 - 2023-24, available at: https://app.leg.wa.gov/billsummary?

BillNumber=5087&Initiative=false&Year=2023#:
66 Francis Karioko Muruatetu & Another v Republic, (2017) eKLR. ~:text=of%20the%20Washington%20state%20Constitution
68 State v. Gregory, 427 P.3d 621 (Wash. 2018).

74 75
FINAL
OBSERVATIONS

With 561 prisoners, 2023 saw the highest population on death row These figures denote a widening gulf between the efforts from
in nearly two decades.69 488 prisoners from the total death row appellate courts to improve the institutional capacity of
population are awaiting judgment from the High Courts. This is the administering the death penalty, and the persisting capital
highest number of death row prisoners whose cases are pending sentencing crisis at trial courts. In 2022, the Supreme Court had
before the High Courts since 2016. Despite this rate, 2023 saw the referred the issue of framing guidelines for effective, meaningful
second lowest disposal rate of High Court death penalty sentencing in capital cases to a Constitution bench. It remains to
confirmation proceedings since 2016 (the lowest being in 2020, be seen how the Constitution bench - which is yet to be convened
when COVID-19 had impacted the functioning of the High Courts). - will approach these issues.

Importantly, the calendar year 2023 marked the lowest rate of

death sentence confirmations by the appellate courts since 2000,
with only one confirmation by the Karnataka High Court. While
confirmations in death penalty cases have always been sparse,
the decrease in 2023 signifies that appellate courts are
increasingly reluctant to use the death penalty. Acquittals
dominated the outcomes in death penalty cases at the appellate
courts in 2023. The Supreme Court and the High Courts raised
grave concerns over the shoddy nature of investigations and poor
quality of evidence relied on by trial courts to convict and
sentence persons to death. The Supreme Court continued the
trend from previous years by relying on jail conduct and
psychiatric evaluation report of the accused to commute death
sentences of three prisoners in two cases.

Citing the Supreme Court’s decision in Manoj v. State of Madhya

Pradesh, the Kerala High Court and the Telangana High Court
directed a team of mitigation investigators trained in the social
sciences to provide information on the mental health and life
circumstances of the accused for sentencing. This update
signifies the important extension of Supreme Court developments
on capital sentencing to the High Courts.

In contrast to growing concern in appellate courts over the lack of

information about the accused at sentencing, trial courts in 2023
continued to overwhelmingly impose death sentences without
eliciting necessary reports from the State.

69 National Crime Records Bureau, Prison Statistics India Reports for the years
2000-2001.

76 77
CORRECTIONS TO
ANNUAL STATISTICS

■ Subsequent access to updated court records reveal that the

number of death sentences imposed in 2022 is 167 (not 165 as was
reported in the previous edition). In light of this update, the number
of prisoners on death row at the end of 2022 was 541 and not 539.
All other data points have been updated accordingly.

78
Project 39A
National Law University, Delhi
Sector 14, Dwarka
New Delhi 110078

[email protected]
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