Supreme Court's increasing judicial scrutiny of the death penalty

An annual report by The Square Circle Clinic at NALSAR University of Law, Hyderabad, shows that the Supreme Court of India has not confirmed any death sentence in the last three years, indicating heightened judicial scrutiny of capital punishment.The report analyses nationwide death penalty data between 2016 and 2025.It highlights a widening divergence between trial courts’ sentencing and appellate court review.

Key Findings

¨     The Supreme Court has not confirmed a single death sentence for the third year in a row (2023-2025).

¨     In 2025, the Supreme Court acquitted 10 death row prisoners, the highest number in a decade.

¨     Sessions Courts awarded 1,310 death sentences across India between 2016 and 2025.

¨     Despite increased caution at higher judicial levels, 128 death sentences were imposed by the sessions Court in 2025 alone.

¨     High Courts confirmed only 8.31% of death sentences, while acquittals and commutations far outnumbered confirmations.

¨     Not a single High Court–confirmed death sentence has been upheld by the Supreme Court in recent years.

Capital Punishment

¨     Capital Punishment is the highest legal penalty in India, reserved for the “rarest of rare” cases.

¨     Rarest of Rare Doctrine: Established in Bachan Singh v. State of Punjab (1980), requiring the death penalty only when life imprisonment is unquestionably inadequate.

¨     Legal Framework: The Bharatiya Nyaya Sanhita (BNS), 2024, which replaced the IPC, retains the death penalty and extends it to certain new offences such as mob lynching and organised crime resulting in death.

¨     Method of Execution: Hanging by the neck; under military laws, shooting is also permitted.

¨     Current Status: As of 31 December 2025, India had 574 death row prisoners (550 men, 24 women), the highest since 2016.