Data | What is the share of death sentences among sexual offence cases?

In the wake of the impending hanging of four convicts in the Nirbhaya case, a look at how capital punishment has been awarded for sexual offences

January 29, 2020 04:22 pm | Updated 04:45 pm IST

Mukesh Singh, one of the four convicts in the Nirbhaya case. File

Mukesh Singh, one of the four convicts in the Nirbhaya case. File

The share of death sentences for cases involving sexual offences has been increasing over the years at the level of trial courts. Even at the High Courts and Supreme Court level, in 2019, a significant share of death sentences involving sexual offences were upheld.

Nature of offence

In 2019, 102 death sentences were passed by trial courts, the lowest in the last four years. However, there has been a surge in the share of death sentences among sexual offence cases. For instance, of the 150 death sentences in 2016, only 18% involved a sexual offence. However, this jumped to 53% in 2019.

image/svg+xmlYearDeathsentencesCasesinvolvingsexual offenceMurdercasesTerrorcasesAbductionwith murderRiotingwithmurderOthers201615018.032.73.315.326.04.7201710839.819.44.613.016.76.5201816241.422.23.111.79.911.7201910252.927.58.84.90.05.9

Appeals in High Courts

In 2019, the High Courts confirmed the death sentences of 50% of prisoners charged with ‘murder involving sexual offences’. Only terror offences saw a higher confirmation %. However, cases involving sexual offences saw a significantly higher number of appeals.

image/svg+xmlMurder involvingsexual ofencesMurderRioting withmurderKidnappingwith murderAbductionwith murderRobberywith murderTerror offences100806040200% death sentences confrmed by HCsTotal appeals handled by HCs that didn't result in aquittals2610141822263034
 

Appeals in Supreme Court

In 2019, the Supreme Court confirmed the death sentences of 25% of prisoners charged with ‘murder involving sexual offences’. Only ‘kidnapping with murder’ cases saw a higher confirmation %. However, cases involving sexual offences saw a higher number of appeals

image/svg+xmlMurder involvingsexual ofencesMurderKidnappingwith murderRobberywith murder807060504030201001357911131517% death sentences confrmed by SCTotal appeals handled by SC that didn't result in aquittals
 

Source: ‘Death Penalty in India: Annual Statistics 2019’ published by the Project 39A at NLU Delhi

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