Skip to main content

No spurt in death sentences in states with history of conflict with militant groups

A new report, “Award of Death Sentences and Commutations to Life Imprisonment: Analysis of Statistical Trends in India Based on Prison Statistics Published by the National Crime Records Bureau (NCRB) for the years 1998-2013”, studies trends relating to the award of death sentence and commutation of such sentences to life imprisonment across India during the period 1998-2013. Data was also sought for the period 2013 and 2014 by filing right to information (RTI) application. However, the data could not be obtained because they are still being compiled. Prepared by Venkatesh Nayak, Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative (CHRI), Delhi, the report has been prepared on the eve of the Round Table on Death Penalty, organized by the Law Commission of India in New Delhi on Saturday, July 11, 2015. Excerpts:
***
India is in a minority group of countries on the planet that retain capital punishment on their statute books. According to a compilation attempted in 2009, criminal offences under various laws attract the death sentence in India.
  • Indian Penal Code, 1860 (IPC):Criminal conspiracy for committing any of the following offences – Section 120-B
  • Treason, for waging war against the Government of India – Section 121
  • Abetment of mutiny actually committed – Section 132
  • Perjury resulting in the conviction and death of an innocent person – Section 194
  • Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person – Section 195A
  • Murder – Section 302
  • Murder committed by a life convict – Section 303
  • Abetment of a suicide by a minor, insane person or intoxicated person – Section 305
  • Attempted murder by a serving life convict – Section 307(2)
  • Kidnapping for ransom – Section 364 and
  • Dacoity with murder – Section 396.
Additionally, the following special laws also prescribe death penalty for various offences: Army Act, 1950; Navy Act, 1950; Indo-Tibetan Border Police Force Act, 1992; Defence and Internal Security of India Act, 1971 ; Defence of India Act, 1971; Commission of Sati (Prevention) Act, 1987; Narcotic Drugs and Psychotropic Substances (Prevention) Act, 1985; Terrorist and Disruptive Activities (Prevention) Act, 1987; Prevention of Terrorism Act, 2002; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Explosive Substances Act, 1908; Arms Act, 1959; Unlawful Activities Prevention Act, 1967. Several States have their own laws prescribing death penalty under special laws.
Upon conviction and award of death sentence, an individual accused of committing one or more heinous crimes can all the way go up to the Supreme Court challenging the sentence awarded. In many cases the death sentence is commuted to life imprisonment either by the Constitutional Courts or by the President or the Governor as the case may be. The instances where the President or the Governor commutes a death sentence to a life term in prison while deciding mercy petitions is becoming rarer while Courts are commuting more death sentences into life terms in prison in the course of deciding appeals against death sentences.
The National Crime Records Bureau (NCRB) under the Union Ministry of Home Affairs is responsible for collecting crime-related statistics from the stage of filing first information reports (FIRs) to judgements of trial courts. The NCRB sources this data from the crime records bureaus in the States (SCRBs) which in turn collect data from similar agencies set up at the district level. The 14,360+ police stations across the country are the basic source of crime statistics collated across the country.
Thanks to the implementation of the National Data Sharing and Accessibility Policy (NDSAP) instituted by the Central Government in 2012, all ministries and departments are now required to publish datasets (statistical or other kinds of data) that they have in their possession which is not likely to cause harm if disclosed. More than 50 ministries have uploaded hundreds of datasets on the newly opened website: http://data.gov.in. This is indeed proactive disclosure of information by government departments above and beyond the requirement of Section 4(1) of the Right to Information Act, 2005. Datasets for 2001-12 and 2013 on this subject are displayed on the Open Data Portal.

Main Findings

As many as 2,052 individuals were awarded capital punishment by courts in India between 1998 and 2013. Courts awarded the death sentence to 1,677 individuals during the first 13 years of the 21st century. On an average more than 128 persons were sentenced to death per year during this period. Unfortunately, the gender break up of these figures is not available in the NCRB datasets.
The most number of death sentences handed down in any given year was 2007 when courts across India punished 186 individuals in this manner. In 2000, 165 individuals received death sentences while 164 individuals received this punishment in 2005. 1999 (155 individuals) and 2003 (142 individuals) take the fourth and the fifth place on this list of years in which the most number of death sentences were awarded.
The least number of death sentences were awarded in 1998 (55 individuals). Ninety seven persons each were awarded the capital punishment during the years 2010 and 2013. The years 2011 (117 individuals) and 2013 (125 individuals) figure at fourth and fifth places, respectively, on the list of years when the least number of death sentences were handed down by courts.

State/UT-wise trends

An individual convicted of one or more crimes inviting a sentence of death was more likely to be so punished in the State of Uttar Pradesh. With 506 individuals awarded the death sentences during the 16 year period, Uttar Pradesh alone accounts for almost a quarter (24.65%) of the total figure calculated for the 16 year period. This figure could be higher because data is not available for the year 1998 in the NCRB datasets.
With 178 individuals so punished, Bihar stands 2nd in the list of States/UTs where the most number of death sentences were awarded by courts during the period 1998-2013. In Madhya Pradesh 162 individuals received the death sentence placing it 3rd on the list of States/UTs. In 2013, Madhya Pradesh topped the list of States/UTs where the most number of death sentences (22) were awarded.
Maharashtra takes 4th place with 160 individuals receiving capital punishment during this period. Tamil Nadu is at the 5th place with 147 individuals receiving capital punishment during the 16 year period.
Three States, namely, Chhattisgarh (carved out of the erstwhile undivided Madhya Pradesh), Jharkhand (carved out of the erstwhile undivided Bihar) and Uttarakhand (carved out of the erstwhile Uttar Pradesh) came into existence towards the end of the year 2000. Amongst them, Jharkhand takes the top position with 91 individuals being handed the death sentence during the last 13 years (2001- 2013). In Chhattisgarh only 29 persons were awarded capital punishment during the same period and in Uttarakhand this figure was 18.
Interestingly, in Karnataka, no death sentences were handed down between 1998- 2003. All 107 death sentences were handed down during the years 2008 (22), 2010 (19), 2005 and 2007 (14 each), 2006 (13), 2012 (8), 2004 (7) and 2009 (5). In 2013, 4 individuals received the capital punishment in Karnataka.
Similarly, no death sentences were awarded in Gujarat during the period 1998-2000. All 62 death sentences were awarded during the years 2004 (19), 2011 (14), 2005 and 2009 (8 each), 2003 (5) and 2001 and 2012 (3 each). In 2013, 2 individuals received the death sentence in this State.
A person was least likely to receive the death sentence in the States of Arunachal Pradesh, Nagaland, Mizoram, Sikkim and the UTs of Dadra and Nagar Haveli and Lakshadweep as they have not recorded any such instance during the 16 year period.
It is also interesting to note that the States which have a long history of conflict between government forces and militant groups, have not seen any kind of spurt in the number of death sentences being awarded. Jammu and Kashmir and Manipur where the Armed Forces Special Powers Acts (AFSPA) are being enforced due to militant exigencies the number of death sentences awarded are much fewer compared to states such as Uttar Pradesh, Bihar and Madhya Pradesh.
Arunachal Pradesh and Nagaland where AFSPA has been extended repeatedly, have not witnessed a single instance of death sentence being handed down to anybody. Jharkhand is the only exception where the high numbers coincide with the existence of militant activity. The situation in this State needs deeper research and investigation which is not possible using the NCRB’s database.

Trends in commutation:

During the years between 2001 and 2013, the death sentences of 4,497 persons are said to have been commuted to life imprisonment. This category of data is not available in the NCRB’s reports for the remaining 3 years included in this study. While 2,019 individuals received such commutation in the States, 2,478 individuals are said to have received this benefit in the UTs. This is where the dataset disclosed by NCRB becomes questionable. While 1,573 individuals were sentenced to death in the States 6 during this period, only 104 persons were awarded capital punishments in the UTs. The total number of persons awarded the death sentence in the UTs during the previous years, namely 1998-2000 is a mere 27.
The inflated figure of 2,478 is due to the NCRB’s reporting of commutations in Delhi at 2,470 – 919 in 2005, 806 in 2006 and 726 in 2009. The total number of death sentences awarded to persons in Delhi during the 16 year period is a mere 102. Unless it can be shown that the remaining persons were all convicted prior to 1998, the commutation figures become unreliable. Perhaps they include commutations of other kinds of lesser sentences. Similarly, the number of commutations ordered across all States at 2,019, is far higher than the number of death sentences awarded, i.e., 1,573 between 2001 and 2013. During the previous three years included in this study (1998-2000), only 348 death sentences were awarded across the States.
Therefore, unless NCRB clarifies that the data is accurate and also publicises the data for award of death sentences from the time of independence, it would be difficult to make sense of the dataset relating to commutations. Nevertheless, the starkly visible trends are presented in the table given here.
Death sentences equalled the number of commutation orders in the States of Jammu and Kashmir (22:22) and Goa (1:1). The dataset does not reveal whether there is a direct correlation between the two figures or if the commutation orders relate to death sentences awarded to individuals much earlier than the period under study.
Although no death sentences were reported from Lakshadweep for the entire 16 year period, two commutation orders were issued- one each in 2002 and 2007.

For full report click HERE

Comments

TRENDING

Crucial to revisit roots, embrace core Hindu principles: love, compassion, harmony

A note on religious leaders'  Satya Dharam Samvad in Haridwar: *** In a groundbreaking gathering, more than 25 religious leaders including Swamis, Acharyas, Pujaris, Gurus, and Sadhvis from all over India convened to discuss the tenets of Hinduism on September 16th, 2023, in Haridwar, to discuss and discern the current trajectory of Hinduism. This brand new initiative, the Satya Dharam Samvad, was inspired to organize its first assembly in response to the December 2021 Dharma Sansad, where hate speech and calls for violence against the Muslim community contravened the essential principles of Hinduism. Religion is being used to incite riots among Hindus, Muslims, Christians, Buddhists, Jains, etc. In the face of such hatred, Swami Raghavendra felt that something meaningful should be done in the present climate. 

Commodification of road accident deaths: The hidden health hazard of motonormativity

By Chandra Vikash*  Jahnavi Kandula, an Indian student from Andhra Pradesh, studying in America was killed in a road accident by a police motor car in January 2023. Now, 8 months after the accident, a bodycam video of Daniel Orderer, who is the vice president of the Seattle Police Officers Guild, has gone viral on social media. He was laughing at her death and saying that “she was 26 years old, anyway… she had limited value… just give her $11,000 (ie Rs 9.13 lakh)”.

Telengana peasant uprising 1946-51: Path breaking period in Communist movement

By Harsh Thakor  Telengana armed struggle from 1946-51 was path breaking period in the Indian Communist Movement, enabling it to reject the Russian insurrectionist path and emulate the Chinese model. The intensity of the movement escalated people’s democratic power to a scale unparalleled in Indian history. It literally dawned a new era. Revolutionary zeal climbed heights rarely traversed in semi-colonies. The death defying spirit which the comrades displayed in giving a blow to the Nizam ruler of Hyderabad and the Razakar landlords will be written forever in the red letters of history. Tragically it was crushed by the Congress party led by Nehru, who mercilessly ordered the army to swoop on the rebellion, with the Communist Party of India adopting a compromising position. It was ample proof of how Nehru and the Congress party collaborated with the feudal landlord class.

Inside Indian energy-mining giant Vedanta's campaign to weaken environmental rules

By Akshay Deshmane  It was 2021 and the COVID-19 pandemic was ripping through India, crippling the country’s health system and bringing the economy to a standstill. But for Anil Agarwal, chairman of the energy and mining giant Vedanta Resources Ltd, the crisis presented an opportunity.

Job opportunity in unexplored territory... to bulldoze hurdles on way to Akhand Aryavart

By Abdul Puncharwala*  Baba and Mama the Jai-Veeru Jodi of Shuddh desi politics bring an excellent opportunity of employment to all the bright matriculate drop-outs busy with their Insta and YouTube reels. Keep your phones aside for a moment and read this advert carefully. It is going to change your life forever.

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Regretful: Kapil Dev retired not leaving Indian cricket with integrity he upheld

By Harsh Thakor  Kapil Dev scaled heights as an entertainer and a player upholding the spirit of the game almost unparalleled in his era. In his time he was cricket’s ultimate mascot of sportsmanship On his day Kapil could dazzle in all departments to turn the tempo of game in the manner of a Tsunami breaking in. He radiated r energy, at a level rarely scaled in his era on a cricket field. Few ever blended aggression with artistry so comprehenisively. Although fast medium, he could be as daunting with the ball as the very best, with his crafty outswinger, offcutter, slower ball and ball that kicked from a good length. Inspite of bowling on docile tracks on the subcontinent, Kapil had 434 scalps, with virtually no assistance. I can never forget how he obtained pace and movement on flat pancakes, trapping the great Vivian Richards in Front or getting Geoff Boycott or Zaheer Abbas caught behind. No paceman carried the workload of his team’s bowling attack on his shoulders in his eras muc

Informal efforts to help children of remote Bundelkhand village unable to go to school

By Bharat Dogra  Rajaram Ka Purva is a remote rural hamlet in Banda district of Uttar Pradesh inhabited by the poorest of the poor. Almost none of the children in this hamlet are able to go to school. The reasons relate to poverty, distance of the nearest school as well as the unsafe path to school.

Understanding universe, time, space: A crucial, unresolved question before humanity

By Prof Sudhanshu Tripathi*  A crucial question before humanity, still unresolved, is to comprehend the true nature and expanse of Time and Space in Universe. If both are indeed limitless, there is no question then to go beyond them. Because both Time and Space are indeed the two key determinants in this mundane world which define the very expanse of the life period of all living organisms and non-living entities and their relative spatial area producing mental and extra-mental consciousness. 

2024 elections in India: An agenda for justice, peace, democracy and environment

By Bharat Dogra  As debates leading up to 2024 union elections in India preceded by some important state assembly become intense, it is not enough to talk about election alignments among various political parties and their seat adjustments; the questions relating to the most important priorities and a future agenda based on justice, equality, peace, environment protection and democracy must get the most importance.