In 10 years, trial courts handed death to over 1,300 people, HCs upheld only 70, Pg1

Key Highlights:

• A study by Square Circle Clinic reveals a high acquittal rate of death row prisoners by High Courts and the Supreme Court, indicating potential errors in trial court convictions.
• In the past decade, trial courts sentenced 1,310 people to death, but High Courts confirmed only 70 of these sentences.
• The Supreme Court decided on 38 of the 70 death sentences confirmed by High Courts and upheld none.
• As of December 31, there were 574 people on death row, the highest number since 2016.
• In 2025, sessions courts sentenced 128 people to death, while High Courts overturned death sentences in over 25% of cases, and the Supreme Court acquitted accused persons in over half the cases.

Detailed Insights:

• The Supreme Court has emphasized due process in death penalty sentencing, directing trial courts in 2022 to consider psychological evaluations, probation officer reports, and prison conduct records.
• In Vasanta Sampat Dupare v. Union of India (2025), the Supreme Court ruled that fair sentencing hearings are essential under Articles 14 and 21 of the Constitution, potentially reopening cases that didn't comply with the 2022 guidelines.
• From 2023-2025, the Supreme Court confirmed zero death sentences, with acquittal rates surging; in 2025, acquittals were over 50%.
• Between 2016 and 2025, High Courts acquitted nearly four times as many death row inmates as they confirmed, with around 90% of death sentences set aside in 2025 through acquittals, commutations, or remands.
• In 2025, sessions courts showed a 95.18% non-compliance rate with the 2022 Supreme Court guidelines, often conducting sentencing hearings rapidly, hindering the securing of mental health reports and mitigation material.
• While higher courts are cautious, legislatures have expanded the scope of capital punishment, and appellate courts increasingly commute death sentences to life imprisonment without remission, raising concerns about arbitrariness.
• Uttar Pradesh has the largest death row population, and women constituted 4.18% of the death row population in 2025, with murder and murder involving sexual offenses being the majority of death sentences.

Key Concepts Involved:

• Capital Punishment: The legally authorized killing of someone as punishment for a crime.
• Due Process: Fair treatment through the normal judicial system, ensuring legal rights are respected.
• Remission: The cancellation or reduction of a sentence, especially for good behavior.