Skip to main content

Why most death sentences in India do not survive appeal

Data and recent Supreme Court judgments show how trial court death sentences frequently collapse under appellate scrutiny, raising questions about investigation, evidence and the use of capital punishment.

Hanumangarh, Rajasthan: Eight years after a crime that later led to a death sentence, the Supreme Court has acquitted a young man from Chennai convicted of the rape and murder of a seven-year-old girl.

A trial court in Chengalpattu had sentenced him to death in 2018, a verdict later upheld by the Madras High Court. Earlier this month, a three-judge bench of the Supreme Court overturned both judgments, citing serious gaps in the prosecution’s case.

For many, the decision was difficult to come to terms with. How could a person found guilty of one of the gravest crimes by two courts be acquitted years later?

“This question keeps returning again and again,” said Archana Godara, a sociologist at NM Government College in Hanumangarh. “When someone is sentenced to death for a crime that society sees as unforgivable, and is later acquitted, it creates anxiety and anger. People feel the system has failed them.”

Godara added that such outcomes weaken public confidence. “There is a fear that criminals will believe they can escape punishment,” she said. “That the law will eventually let them go.”

But within the judiciary and among legal researchers, the Chennai acquittal is not seen as an aberration. Instead, it reflects a pattern that has been steadily emerging across India’s courts: death sentences awarded at the trial level frequently collapse when subjected to closer scrutiny on appeal.

Data compiled by Project 39A, a criminal justice research group at National Law University Delhi, illustrates this. Between 2016 and 2024, trial courts across India awarded 1,180 death sentences. Appellate courts ultimately confirmed only 95 of them. The rest were either commuted to life imprisonment or ended in acquittals.

The trend has become even sharper in recent years. In the first seven months of 2025, the Supreme Court heard 14 appeals arising from death sentences. In seven cases—half of them—it ordered complete acquittal. This is the highest proportion of death sentence acquittals recorded in a single year in recent history. Of the remaining cases, four death sentences were reduced to life imprisonment.

The Supreme Court has so far set aside the death penalty in nearly three out of every four cases it has heard this year.

Recent examples explaining this trend are: In September last year, the Supreme Court acquitted a man sentenced to death in a 2014 rape and murder case involving a seven-year-old girl in Uttarakhand, overturning both the trial court’s verdict and the High Court’s confirmation. That same month, the Rajasthan High Court acquitted Arjun Singh, who had been sentenced to death by a POCSO court in Pali for the murder of two siblings and the rape of their sister.

‘Conviction-driven’ mindset


Former Acting Vice-Chancellor of Maharaja Ganga Singh University and senior law teacher Professor Vimlendu Tayal describes a growing “conviction-driven” tendency at the trial court level.

“Local outrage, media attention, and the pressure to deliver justice quickly often push trial courts towards conviction rather than caution,” Tayal said. “The focus shifts from whether the prosecution has proved its case beyond reasonable doubt to whether the court has responded strongly enough.”

He added that inadequate training and overwhelming workloads worsen the problem. “Thousands of cases are listed before district judges. In such circumstances, it becomes difficult to examine every piece of evidence with the depth that capital punishment demands.”

Former Rajasthan High Court judge Justice Gopal Krishna Vyas echoed this concern, emphasising that human emotion is inseparable from judging, particularly at the trial level.

“A judge is a human being,” he said. “When a crime involves a Victim child or extreme violence, emotions do play a role. But the law is clear: death penalty must be reserved for the rarest of rare cases. Even a small doubt must tilt the balance in favour of life.”

Vyas explained that in cases based on circumstantial evidence, the standard is especially exacting. “The entire chain of evidence must be complete…link to link. If even one link breaks, the case collapses. Many death sentences do not survive appeal because this standard was not met.”

The Supreme Court has repeatedly stressed that capital punishment must remain exceptional. The doctrine of “rarest of rare” was articulated in the 1980 Bachan Singh judgment and reaffirmed over decades. More recently, in Manoj vs State of Madhya Pradesh (2022), the court went further, directing trial courts to examine the accused’s life history, conduct and possibility of reform before awarding death.

Yet compliance remains limited.

According to Project 39A’s Death Penalty in India: Annual Statistics 2024, lower courts have followed the Manoj guidelines in only 7% of death penalty cases since the judgment.

“The law has evolved,” said Tayal. “But practice has not kept pace.”

Living on death row


While acquittals draw public attention, the years preceding them often remain invisible.

According to Project 39A’s Death Penalty in India: Annual Statistics 2023, by the end of 2023, 561 prisoners were on death row—the highest number recorded at any year-end in the past two decades. Since 2015, India’s death row population has increased by 45.71%.

In 2023, the Supreme Court did not uphold a single death sentence—only the second time this has happened since 2000, after 2021. At the High Court level, only the Karnataka High Court upheld one death sentence, in a simple murder case. Everywhere else, death sentences were either commuted or overturned.

The National Crime Records Bureau data corroborates this, showing that the figure of 561 death-row prisoners is the highest recorded for the second time since the beginning of this century.

Most of these prisoners will never be executed. According to Lakshmi Menon, Associate at The Squire Circle, NALSAR’s criminal justice initiative, most death sentences in India are eventually converted to life imprisonment—a process that can take many years.

But the time spent awaiting that outcome carries its own punishment.

Once a death sentence is pronounced, even at the trial stage, many prisoners are placed in separate confinement. Prison conditions vary widely across states. Some jails isolate death-row prisoners completely; others house them with the general population. Funding for food, hygiene and healthcare is often minimal. Mental health support is rare.

Women facing death sentences fare worse, with their specific needs frequently ignored.

Distance compounds the suffering. Many prisons are located far from prisoners’ homes. Travel costs and bureaucratic hurdles reduce visits or make them impossible. Relationships weaken, sometimes irreparably.

By the time an acquittal arrives, the accused may have already lost a decade—or more—of ordinary life.

Why higher courts overturn death sentences


Advocate-on-Record in the Supreme Court Rajendra Singhvi said, “In many cases, the investigation is weak. Forensic evidence is incomplete, digital proof is mishandled, and the crime scene is poorly documented. Public prosecutors are overburdened and underpaid. The system does not give them the resources needed for capital cases.”

Singhvi added that institutional capacity and training also play a critical role. “New judicial officers often lack exposure to complex criminal trials. There are fewer public prosecutors and more cases. In Rajasthan High Court, there isn’t even one judge per ten-lakh population. Meanwhile, High Courts and the Supreme Court have more time, research support and legal assistance. That difference matters.”

Former District and Sessions Judge Surendra Mohan Sharma pointed to subtler, human pressures that shape decision-making at the trial level.

“There is no haste in giving decisions in lower courts, but judges also consider the social environment of that area, general expectations and sensitivity. Suppose an incident happens with a minor girl, people around expect strict action from the court. A judge also has a family, he thinks about his safety and social standing. Such human aspects sometimes make decision-making harsher.”

Sharma added that judicial perspective evolves with time and institutional position. “A judge’s mature perspective also changes. When the matter goes to the High Court or Supreme Court, judges there have more time, better resources and legal assistance, they can deliberate deeply on technical and evidence-related points. That is why decisions are overturned. One reason for decisions being overturned is also time…appeals drag on…five to ten years or more.”

Appeals, by contrast, unfold in a very different environment.

Former Rajasthan High Court judge Justice Gopal Krishna Vyas explained that appellate courts are designed precisely for this purpose. “Their role is not to repeat the trial, but to test it,” he said. “Was evidence ignored? Was it misunderstood? Were legal principles applied correctly?”

Vyas outlined how appellate scrutiny works in practice. In High Courts, murder and life imprisonment cases are heard by two-judge benches. If the judges disagree, the matter is referred to a third judge, and the majority view prevails. In the Supreme Court, death sentence appeals are heard by three judges.

“The benefit of doubt is fundamental,” Vyas said. “If doubt exists, it must go to the accused. That is not leniency…it is the law.”

Former Rajasthan Bar Council chairperson Navrang Chaudhary sees this layered scrutiny as a strength rather than a failure of the justice system.

“Every level of the judiciary works towards the same goal: protecting the innocent and arriving at the truth,” Chaudhary said. “Correction is not collapse. It is balance.”

Chaudhary recalled a principle long cited in criminal jurisprudence: it is better that several guilty persons escape than that one innocent person be punished.

Tayal said the Supreme Court has repeatedly ruled that the death penalty should be imposed only when a crime is extraordinarily harmful to society and there is no possibility of reform. However, he added, lower courts often understand this principle superficially and quickly declare cases to fall within the “rarest of rare” category.

Public discomfort with acquittals in heinous crimes is real. But the data suggests that the deeper crisis lies elsewhere: in a system that too often sentences people to death before it is certain of their guilt.

The unease, then, may not be about acquittals at all, but about how easily the death penalty is imposed before doubt has been fully addressed.

This story was produced for and originally published as part of the Crime and Punishment project in collaboration with Vidhi Centre for Legal Policy.

Source: 101reporters.com, Amarpal Singh Verma, January 24, 2026




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


Comments

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.

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.

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.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

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.

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. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Newsom Commutes the Sentences of California’s 548 Death Row Inmates

Gov. Gavin Newsom, in one of his last acts, commuted the sentences of all prisoners with death sentences, calling capital punishment morally objectionable. That’s about 1/4 of death sentences nationwide.  Gov. Gavin Newsom of California moved to spare the lives of all 548 prisoners on the state’s death row on Thursday in the largest mass commutation of death sentences in modern American history.  Mr. Newsom said he made the decision because he finds capital punishment morally objectionable. He reduced every death sentence to life in prison without parole, a sweeping move that will require a review by the state’s highest court in some cases and could draw legal challenges.