Skip to main content

India | Death Penalty For Sexual Offences Up 53% In 2018, But Most Rape Cases Stuck At Trial

On February 1, 2020, India may witness its first death penalty in 5 years as the 4 men convicted for the December 2012 rape and murder of Jyoti Singh, or ‘Nirbhaya’, are hanged as per a warrant issued by a Delhi sessions court. President Ram Nath Kovind had earlier rejected a mercy petition filed by 1 of the convicts.

India has carried out only 4 executions since 2004, the last having been in 2015. 3 of the accused were convicted of terrorism while 1 was convicted for raping a minor, as IndiaSpend reported in August 2018.

The upcoming February 1 executions in a case that had outraged India may not reduce crime against women and may, in fact, create a spectacle that distracts the government from implementing real reforms that can improve prosecution of rape cases, experts say.

53% more death sentences


In 2018, 186 convicts were awarded the death penalty, a 53% rise from 121 in 2017, according to Prison Statistics India 2018, the latest available, of the National Crime Records Bureau (NCRB).

In India, death penalty is awarded only in the “rarest of rare” cases, an option that courts have exercised under a range of statutes including those related to murder, terror, kidnapping with murder, rioting with murder, drug offences and murder with rape, data show.

More than 40% of those sentenced to death in 2018 and half (52.9%) of those in 2019 were convicted for cases that included sexual offences and murder, said Death Penalty India 2019, an annual report by the National Law University (NLU), New Delhi.

Death sentences are increasingly being meted out for cases involving sexual violence as a response to public anger and anxiety, experts told IndiaSpend.

“It is a shortcut they have adopted to placate the concerns of the public,” said Vrinda Grover, senior lawyer and researcher, adding that it seemed that the states and the system do not want to make the fundamental changes that will actually bring down the graph of sexual violence.

In August 2019, India amended the Protection of Children from Sexual Offences (POCSO) Act, 2012, to allow death penalty for the rape of children younger than 12 years.

In what was termed as “extrajudicial killings”, four men accused of raping a 27-year-old veterinary doctor in Hyderabad were shot dead by the police in December 2019 “when they tried to flee”. The Andhra Pradesh legislative assembly subsequently passed a bill to allow death sentence in rape cases.

There is no evidence to prove that the death penalty is a stronger deterrent than life imprisonment, according to the Law Commission of India’s 2015 report on death penalty.

Similar demands for harsher punishment for sexual violence were raised after the brutal gangrape of Jyoti Singh in Delhi in 2012 which led to a number of reforms and legislative changes including the Criminal Law (Amendment Act), 2013 that brought offences such as stalking, voyeurism, acid attacks and sexual harassment under its purview.

However, while the reforms improved reporting of rape, there has been little or no impact on arrests and convictions rates, IndiaSpend reported in August 2019 based on a February 2019 study. The conviction rate for rape had been on a steady decline since 2007 and reached a historic low of 18.9% in 2016 from 27% in 2006, the study observed.

There is clamour for harsher punishment when the victim is from the upper or middle class and the offenders are from the lower class, said Flavia Agnes, women rights lawyer and director of Majlis, an organisation that provides legal help for women. If the opposite is the case, there is no such outrage, she said.

More death sentences for sexual offences


As of December 31, 2019, India had 378 prisoners on death row, the NLU’s report said. Trial courts imposed 102 death sentences in 2019, a drop from 162 in the previous year, it added. More than half of the death sentences (54 of 102) awarded in 2019 were for murders involving sexual offences, the report noted. Of these, the victim was younger than 12 years in 40 cases.

Death sentences in cases of murder involving sexual offences increased in the past four years. In 2016, 57.1% death sentences were awarded for “murder simpliciter”--a simple murder--while 18% were for cases of murder with sexual offences. By 2019, the latter rose to 52.9%, the report said.

State high courts and the Supreme Court confirmed 26 and 17 death sentences, respectively, in 2019, of which 17 (65.3%) and 11 (57.1%) were in cases involving sexual offences, data from the NLU’s report show.

Further, high courts and the Supreme Court commuted 56 and 7 death sentences, respectively, to life imprisonment that year, of which 15 (26.7%) and 4 (64.7%) were for cases involving sexual offences.

The national debates and calls for harsher punishments for sexual violence against women and children seem to have taken centre stage in the debate on capital punishment in India, said Anup Surendranath, executive director, Project 39A, a research project documenting death penalty convicts in India at NLU. He referred to two cases in 2019 which the Supreme Court, while confirming death sentences, cited the 2019 amendments to the POCSO Act in support, through the crimes pre-dated the amendments.

“To invoke this as a justification to give the death sentence is a gross violation of individual sentencing principles,” Surendranath said. “We also need to move beyond the notion that any punishment short of the death penalty amounts to ‘injustice’.”

Fast-track courts show little improvement in conviction rates


While state governments have been setting up fast-track courts to deliver swift justice, these have not made much difference. As of March 2019, India had 581 fast-track courts with approximately 590,000 pending cases, The Hindu reported in August 2019. Uttar Pradesh, India’s most populous state, had the most pending cases, while 56% of states and union territories--including Karnataka, Madhya Pradesh and Gujarat--had no fast-track courts.

One of the amendments that the Andhra Pradesh legislature passed included conclusion of the trial within 21 days--with 7 days to complete the investigation and 14 days to complete the trial--as opposed to 4 months in the Criminal Law Amendment Act, 2013.

“Such reduction, and making the same mandatory, instead of ensuring successful prosecution, may result in a hastily-conducted haphazard investigation, or an incomplete charge-sheet being submitted, or the accused being granted statutory bail--all of which will be detrimental to the interest of the victim and or the outcome of the case,” said Surendranath.

In 2019, Supreme Court acquitted 10 people in 3 cases who were in jail for 5 years on the basis of questionable evidence. In 1 case, it ordered action against the investigating officer. In 2 other cases, it remitted the case back to the trial court for a fresh trial.

“To cast a responsibility on the overburdened and ill-equipped police to complete investigation within 3 weeks is bound to result in more acquittals,” said Surendranath. The government must invest in training and sensitisation of the police so that they understand the nature of the crime and conduct the right kind of investigation, said Grover, adding that the prosecution must conduct a dignified trial. “But there is no work being done on any of these aspects,” she added. “We are either seeing an occasional conversation about death sentence or we are seeing a new form of instant justice like in Hyderabad. None of it is going to turn the cycle of violence.”

On-ground logistical problems include lack of enough forensic labs, and overburdened and understaffed fast-track courts, all of which point towards a lack of investment in the judiciary, said Grover.

As a result, conviction rates remain low. In 2018, a charge sheet was filed in 93.2% cases of rape and 94.3% cases of rape under the POCSO Act. However, only 27.2% cases of rape decided in 2018 ended in conviction as did 31.5% cases of rape under the POCSO Act, NCRB data show. Long delays persist too. In 2018, Indian courts completed trials in 17,313 cases while 138,642 cases of rape are pending--a rate of 88.7%.

Also, the focus on punishment comes at the cost of a focus on the victim. “To get conviction, you have to work with the victim and her family and give the family support,” said Agnes of Majlis.

As it is, rape victims rarely even report the crime--by one estimate, as many as 99.1% of the cases of sexual violence go unreported since the perpetrator is the husband. In most cases--93.8% of rapes in 2018--the offenders were known to the victim and 50% were the victims’ friends, family, neighbours or employers, NCRB data show.

Apathy and foot-dragging of the law enforcement authorities and fear of retribution deter all but very few victims from registering cases, our August 2019 report, cited above, said.

Source: indiaspend.com, Swagata Yadavar, January 29, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

‘Come on with it’: Arkansas inmate asks to hasten execution

A Faulkner County judge has scheduled an August hearing to determine whether a death row inmate can bypass his attorney’s advice, drop his remaining appeals, and hasten his execution.  Scotty Ray Gardner, 65, is facing the death penalty for the 2016 killing of his girlfriend, Susan Heather Stubbs, in Conway.  In letters sent to Circuit Judge Chuck Clawson and the Arkansas Democrat-Gazette, Gardner said he wants to end his legal battles, writing that he is tired of prison life and skeptical he will receive a fair hearing.  “It’s simple,” Gardner wrote in a September letter. “Come on with it.” 

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Man convicted in 1986 murder set to become Florida's second execution of 2026

STARKE, Fla. (DPN) — A man convicted of stabbing and strangling a grocery store owner during a robbery nearly 40 years ago is scheduled to die by lethal injection Tuesday evening, becoming the second person executed in Florida this year. Melvin Trotter, 65, is set to receive a three-drug lethal injection beginning at 6 p.m. at Florida State Prison near Starke. Trotter was convicted of first-degree murder in the 1986 killing of Virgie Langford, 70, who owned Langford’s Grocery Store in Palmetto, in southwest Florida's Manatee County.

India | POCSO Court awards death penalty to UP couple for sexual exploitation of 33 children

A special court in Uttar Pradesh’s Banda on Friday sentenced a former Junior Engineer (JE) of the Irrigation Department and his wife to death for the sexual exploitation of 33 minor boys — some as young as three — over a decade, officials said. The POCSO court termed the crimes as “rarest of rare” and held Ram Bhawan and his wife Durgawati guilty of systematically abusing children between 2010 and 2020 and producing child sexual abuse material. Convicting the duo under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, the court sentenced them to death for offences including aggravated penetrative sexual assault, using a child for pornographic purposes, storage of pornographic material involving children, and abetment and criminal conspiracy, they said.

North Carolina | DA won't seek death penalty against woman accused of poisoning family

HENDERSONVILLE, N.C. (DPN) — Prosecutors will not seek the death penalty against a Western North Carolina entrepreneur accused of poisoning her family during a Thanksgiving dinner and killing a man nearly two decades ago. During a mandatory Rule 24 hearing Thursday in Henderson County Superior Court, Assistant District Attorney John Douglas Mundy announced that the state will proceed with the case against Gudrun Linda Jean Casper-Leinenkugel, 52, as a non-capital matter. The decision removes the possibility of an execution, meaning the maximum penalty Casper-Leinenkugel now faces is life in prison without parole.

Twenty Years Since the Last Scheduled Execution in California and a Focus on the Participation of Physicians in Executions

February 21, 2006, a California court’s deci­sion effec­tive­ly halt­ed the planned exe­cu­tion of Michael Angelo Morales, mark­ing the start of California’s 20-year mora­to­ri­um on exe­cu­tion sched­ul­ing and throw­ing into the spot­light the ten­sion between physi­cian par­tic­i­pa­tion in exe­cu­tions and their pledge to show ​“ the utmost respect for life .” " The events sur­round­ing Morales’s impend­ing fate brought to the sur­face the long-run­ning schism between law and med­i­cine, rais­ing the ques­tion of whether any ben­e­fi­cial con­nec­tion between the pro­fes­sions ever exist­ed in the exe­cu­tion con­text. History shows it sel­dom did. Decades of botched exe­cu­tions prove it. " — Professor Deborah Denno, The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.