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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements.