Indian courts gave record 165 death sentences in 2022: Report

Indian courts in 2022 awarded a record 165 death sentences, the highest in over two decades, according to the Annual Death Penalty Report published by Project 39A, an advocacy group with the National Law University, New Delhi.

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In total, 539 prisoners were on death row at the end of the year which was the largest population for the same since 2004.

The northern Indian state of Uttar Pradesh accounted for the highest death row inmate population (100), followed by Gujarat (61) and Jharkhand (46).

“With 165 death sentences at the end of 2022, this is the highest number of death sentences imposed in a year in over two decades (since 2000)," read the report.

The report attributed the increase in the death row inmate population to the 'extraordinary sentencing' of 38 persons to death in connection to the 2008 Ahmedabad bomb blast case where 56 innocents were killed while 243 suffered injuries.

In nearly a third of the death row cases, the inmate was a sexual offence criminal. The trial courts handing capital punishment to such criminals saw a 33.56 per cent rise from 2016 to 2022.

Read more: Death penalties around the world

Notably, the record death row sentencing comes in the backdrop of India's Supreme Court acknowledging that it needs to come with up better guidelines on how capital punishment cases are handled due to the lack of an institutional framework.

In September last year, Chief Justice of India Uday Umesh Lalit formed a constitutional bench to generate clarity on the matter.

“This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to a formal hearing, to the accused/convict, on the issue of sentence,” the CJI observed.

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The apex court has emphasised 'reform' as a core tenet in its death sentencing framework. However, the apathy of the system means that the numbers continue to hit record highs.

The report notes that trial courts across India continue to hand out more death sentences (165)while higher courts are unable to hear the appeals filed before them

“In the year 2022, High Courts across India decided 68 matters, while the Supreme Court decided 11 matters."

Currently, 113 countries across the world have abolished death penalty which includes the likes of Papua New Guinea and Central African Republic amongst others.

125 countries voted in favour of a moratorium on the death penalty at the United Nations General Assembly on 15 December 2022, with India voting against the same.

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