The Supreme Court has acquitted ten prisoners on death row, the highest number of such acquittals in a decade. File | Photo credit: The Hindu
India’s Supreme Court has not upheld a single death sentence in the past three years, according to the annual statistical report on death sentences in India, published by The Square Circle Clinic, a criminal justice initiative at NALSAR University of Law in Hyderabad.
In fact, in 2025, the Supreme Court acquitted ten inmates on death row, the highest number of such acquittals in a decade.
The report, which examined trends in the death penalty in India over the past decade, found that sessions courts handed down 1,310 death sentences between 2016 and 2025 nationwide. “Despite growing judicial skepticism at higher levels,” lower courts sentenced 128 individuals to death in 2025 alone, the report said.
High acquittal rate
Of the 1,310 death sentences, 842 were handed down by the High Courts, of which 70 — or just 8.31% — were upheld. The Supreme Court acquitted 285 people on death row and 411 death sentences were commuted.
The Supreme Court’s stance was even more restrictive, with no death sentence upheld in the past three years. Also, in cases where the Sessions Courts have imposed death sentences which have been upheld by the High Courts, the Supreme Court has not yet upheld a single sentence. Of the 37 such death sentences handed down by the Supreme Court, 15 resulted in acquittals and 14 were commuted.
“It is abundantly clear from these numbers that errors by appellate courts not only result in wrongful imposition of the death penalty, but also wrongful convictions. The high rate of acquittals by the appellate court calls for a serious examination of how the trial courts consider a case worthy of even a conviction,” the report said.
Sentencing guidelines were ignored
The report also showed that India had 574 prisoners – 550 men and 24 women – on death row as of December 31, 2025. This is the highest number of people on death row since 2016. The average time spent on death row before exoneration was more than five years, with some inmates languishing for almost a decade before being exonerated. However, 138 individuals were also removed from death row during the year through acquittals, commutations or remand orders, underscoring the instability of capital punishment.
One of the report’s most alarming findings concerns procedural violations at the sentencing stage. Despite the clear directions laid down by the Supreme Court in Manoj Vs. State of Madhya Pradesh, which mandates psychological evaluations, conduct reports in prisons and mitigation hearings – which were elevated to the claim of the right to a fair trial in Vasanta Sampat Dupare Vs. Union of India – In 2025, nearly 95% of death sentences were imposed in non-compliance. Sentencing hearings were often conducted within days of conviction, leaving little room for a meaningful defense, the report said.
Another emerging trend is the increasing use of life imprisonment without parole as an alternative to the death penalty. While the courts see this as a middle ground, the report raises concerns about the excessively long fixed-term sentences – some have reached 60 years – raising new questions about proportionality and rehabilitation.
Published – 04 Feb 2026 06:08 IST
