High courts upheld only 8 per cent of death sentences; SC confirms none in recent years: Report
New Delhi (PTI): Highlighting that a high acquittal rate of death row convicts by the Supreme Court and high courts demonstrates a pattern of "erroneous or unjustified convictions", a study of 10 years of death penalty data has revealed that the top court did not confirm any death sentences in recent years.
The study by Square Circle Clinic, a criminal laws advocacy group with the NALSAR University of Law in Hyderabad, found that an overwhelming majority of death sentences imposed by trial courts did not withstand scrutiny at higher judicial levels. Acquittals far outnumbered confirmations at both the high courts and Supreme Court levels.
According to the report, the trial courts across India awarded 1,310 death sentences in 822 cases between 2016 and 2025. High courts considered 842 of these sentences in confirmation proceedings but upheld only 70 or 8.31 per cent.
In contrast, 258 death sentences (30.64 per cent) resulted in acquittals. The study noted that the acquittal rate at the high court level was nearly four times the confirmation rate.
Data showed that of the 70 death sentences confirmed by high courts, the Supreme Court decided 38 and did not uphold a single one. The apex court has confirmed no death sentences between 2023 and 2025.
"Wrongful or erroneous or unjustified convictions, then, are not random or freak accidents in the Indian criminal justice system. The data indicates they are a persistent and serious systemic concern," the report said.
Over the last decade, high courts adjudicated 1,085 death sentences in 647 cases, confirming only 106 (9.77 per cent). During this period, 326 persons in 191 cases, were acquitted.
The report attributed low confirmation rates to the appellate judiciary’s concerns regarding failures in due process. "This coincides with increased Supreme Court scrutiny of safeguards at the sentencing stage," the report said.
Of the 153 death sentences decided by the apex court over the last decade, the accused were acquitted in 38 cases. In 2025 alone, high courts overturned death sentences into acquittals in 22 out of 85 cases (over 25 per cent). The same year, Supreme Court acquitted accused persons in more than half of the death penalty cases it decided (10 out of 19), the report said.
The study highlighted that 364 persons who were ultimately acquitted "should not even have been convicted and unjustifiably suffered the trauma of death row". It added that such failures extend beyond adjudication and reflect serious lapses in investigation and prosecution.
The question of remedies for wrongful convictions remains pending before the Supreme Court. In September 2025, three persons acquitted by the apex court filed writ petitions seeking compensation from the state and argued that their wrongful convictions violated their fundamental right to life and liberty under Article 21 of the Constitution.
"In 2022, the Supreme Court crystallised a sentencing process in Manoj v. State of Madhya Pradesh , and mandated all courts to follow those guidelines before imposing or confirming a death sentence," the report read.
In 2025, the apex court held in Vasanta Sampat Dupare v. Union of India that death penalty sentencing hearings form part of the right to a fair trial and stressed that capital punishment can be imposed only after a constitutionally compliant sentencing process.
"However, even at the high courts whether the process mandated under Manoj is being complied with is in doubt,” the report said.
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Kerala polls: Vijayan, Revanth Reddy trade barbs as campaigning ends
Kannur (Kerala)/Hyderabad (PTI): A war of words between Kerala Chief Minister Pinarayi Vijayan and his Telangana counterpart Revanth Reddy turned acrimonious on Tuesday, the final day of campaigning for the April 9 Assembly polls.
The two leaders sparred on the virtual world as well, exchanging letters on their respective social media handles.
The escalation came after Vijayan, responding to Reddy's earlier remarks, used Malayalam expressions considered nearly derogatory, signalling strong disapproval of the Telangana CM's comments.
Reddy, campaigning for the UDF in Kollam district, hit back swiftly, likening Vijayan to PM Narendra Modi.
He said he would take any personal remarks from the senior leader as a "blessing" considering his age, but objected to what he described as insults directed at the people of Kerala. "But you cannot abuse our Kerala people," he said, hours before campaigning drew to a close.
The controversy began after Reddy had said "nee po mone Vijaya" by invoking a famous dialogue from superstar Mohanlal's blockbuster movie "Narasimham" while referring to Vijayan on April 1 during a UDF campaign roadshow in Nemom constituency.
Earlier in the day, while reacting to Reddy's earlier remarks, Vijayan said a CM must maintain basic standards of conduct and questioned whether such dignity was being followed.
In his response to a query, Vijayan used Malayalam words that were seen as nearly derogatory for Reddy, signalling his strong disapproval of the remarks made against him.
Sharply reacting to the CM's objectionable remarks, Congress leader V D Satheesan said Vijayan appeared to have "completely lost composure" and warned that any further deterioration in his conduct would have brought "greater embarrassment" to the state.
After the critical remarks during the press meet, Vijayan wrote on his 'X' handle that political differences are natural, but expressing strong disagreement through personally insulting remarks is an attitude that he rejects. Reddy's statements lacked factual backing.
In a detailed letter attached with the 'X' post addressing the Telangana CM, Vijayan said the experience of the people of Kerala was "vastly different" from what Reddy had portrayed.
He clarified that he did not intend to engage in a debate over the performance of the Telangana government, stating that it was for the people of Telangana and political parties there to assess their government.
Referring to Reddy's comments, Vijayan said the LDF government has been consistently publishing progress reports over the past 10 years on the implementation of its election promises, underlining its commitment to continuous accountability.
He also rejected the allegation of "selective appropriation" of Kerala's achievements, including its top ranking in the NITI Aayog SDG Index, and said such criticism was misplaced.
Dismissing claims of industrial stagnation, Vijayan said Kerala has made significant strides in the startup ecosystem and ease of doing business, adding that these achievements have been widely acknowledged.
He also alleged that key infrastructure projects in Kerala, including the Kochi Metro and Vizhinjam Port, faced delays under previous Congress-led governments at the Centre, while long-pending promises such as a railway coach factory remained unfulfilled.
Vijayan further accused the BJP-led Union government of discrimination against Kerala and said the state has been actively resisting what he described as "anti-federal and undemocratic" policies through legal and political means, including approaching the Supreme Court.
He also rejected Reddy's criticism that the LDF was not vocal enough against the BJP, asserting that Kerala has been at the forefront of defending constitutional values.
Concluding his letter, Vijayan reiterated the state government's commitment to building a "Nava Keralam" and moving forward as a model for others.
On April 1, while addressing party workers in Nemom, Reddy used the popular Malayalam film dialogue "Nee po mone Vijaya". He adapted it to target Vijayan, saying "Nee po mone Vijaya".
Reddy went further, claiming that Vijayan's "time is over" and that his "expiry date has passed".
Responding to these allegations, Vijayan had said that the Telangana CM was "misinformed" and accused him of "ridiculing" Kerala and its people while trying to hide the weaknesses of his own state.
In a later response, Reddy defended his remarks and said that many of the statistics cited by Vijayan were taken from the NITI Aayog SDG Index 2023 24, arguing that the data was already outdated.
Reddy in his letter questioned the veteran Marxist leader's claim that Kerala would become the first state to completely eradicate extreme poverty by late 2025 had been achieved. Further, he chooses to conduct himself respectfully and gracefully in his criticism of the Kerala government's performance, whereas Vijayan opted to use language of poor taste.
Reddy, in his letter on X, said that while he respects NITI Aayog's corruption rankings, he wants to know why the infamous gold smuggling case, linked to individuals connected to the CMO, remains unresolved, and why 4.5 kg of gold allegedly misappropriated from the Sabarimala Ayyappa Temple has not been accounted for.
