Annual Death Penalty Report, 2023

• The Annual Death Penalty Report, 2023, is prepared by Project 39A, a criminal justice programme linked with the National Law University, Delhi.
• SC and all the HCs together – confirmed only one death sentence in 2023 while the rest were either commuted or saw the prisoners acquitted altogether.

Major findings of the Report

•  45.71% increase in the population of inmates sent to death row since 2015.
• Uttar Pradesh had the largest death row population at 119 prisoners.

• In 2023, trial courts awarded death sentences to 120 prisoners.
• The total number of death sentences awarded (in trial courts) last year had seen a significant drop — from 167 in 2022 to 120 in 2023.
• More than half (55%) of these 120 were in homicidal rape cases.
• The report said that in 2023, the HCs also disposed of fewer cases involving death sentences compared to 2022 (68 cases involving 101 prisoners), meaning the number of prisoners on death row went up.

Concerns

• Acquittal and remand by the higher Courts in 2023 indicate significant concerns with the quality of police investigations and appreciation of evidence by lower courts in cases.

Arguments in favor of Death Penalty

• In the 35th Report of Law Commission of India (1962), the Law Commission favored retaining the death penalty in the Indian Judicial System.
• Acting as a deterrent: 
• Retribution and Justice: 
• Permanent Incapacitation: 
• Moral Condemnation: 

Arguments against Death Penalty

• Against the global trend: According to the Amnesty Report, at the end of 2021 more than two thirds of the world’s countries had abolished the death penalty in law or practice.
• The poor are most affected: 
• 74.1% of individuals on death row in India come from economically disadvantaged backgrounds.

Life Imprisonment as an Alternative: 

• Risk of Wrongful Execution: 
• Cases of wrongful convictions, sometimes based on flawed evidence or legal errors, can lead to irreversible consequences.

Psychological Effects: 

• Global Abolition Trend: 

Way Forward

• The death penalty issue in India requires a balanced and inclusive approach that takes into account diverse perspectives, respects human dignity, and promotes the principles of fairness and justice.
• There is a need to facilitate collaboration among government agencies, civil society organizations, legal experts, and other stakeholders to explore alternative approaches to addressing serious crimes while upholding human rights.

Mains Practice Question

Assess the effectiveness of the Annual Death Penalty Report 2023 in promoting transparency, accountability, and debate surrounding capital punishment in the country

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