The death penalty — also called capital punishment — is the most severe form of legal punishment that a state can impose. India retains capital punishment and is one of approximately 78 countries globally that have not abolished it. With the introduction of new criminal laws in 2023, the framework for the death penalty in India has been significantly updated. Here is everything you need to know.
Yes, the Death Penalty Is Legal in India
Capital punishment is constitutionally valid in India. The Supreme Court upheld its constitutional validity in the landmark Bachan Singh v. State of Punjab (1980) case, holding that the death penalty for murder is not violative of Articles 14, 19, and 21 of the Constitution. The Court held that it must be imposed only in the ‘rarest of rare’ cases, a doctrine that continues to govern capital sentencing today.
The New Framework: Bharatiya Nyaya Sanhita (BNS), 2023
With the BNS replacing the Indian Penal Code (IPC) from July 1, 2024, the legal framework for capital punishment has been retained and expanded. Notably, the number of offences punishable by death has increased from 12 under the old IPC to 18 under the BNS.
Offences currently attracting the death penalty under the BNS and related laws include: Murder (Section 103 BNS), Rape resulting in death or vegetative state (Section 66), Gang rape of a minor (Section 70), Terrorism resulting in death (UAPA), Waging war against India (Section 147 BNS), Mob lynching resulting in death (Section 103(2) BNS), Kidnapping for ransom with death (Section 143 BNS), and Dacoity with murder (Section 311 BNS).
The ‘Rarest of Rare’ Doctrine
The Supreme Court’s Bachan Singh judgment established that the death penalty should only be imposed when life imprisonment is ‘unquestionably foreclosed.’ Courts must weigh aggravating circumstances (nature of the crime, manner of killing) against mitigating factors (background of the accused, mental health, reformative potential).
In 2022, the Supreme Court in Manoj v. State of Madhya Pradesh directed trial courts to collect detailed information about the accused’s background before sentencing. However, data from Project 39A reveals that as of 2025, approximately 95% of death sentences were still being imposed without following these safeguards.
The Reality: Executions Are Rare
Despite sessions courts imposing hundreds of death sentences, actual executions in India are extremely rare. The Supreme Court has not confirmed a single death sentence in the past three years. High Courts confirm only about 8% of death sentences that come before them. India’s last high-profile execution was that of the convicts in the 2012 Delhi gang rape case (Nirbhaya case) in March 2020.
As of end-2024, over 560 people were on death row in India — the highest in about two decades.
Exemptions from the Death Penalty
Certain categories of people cannot be executed under Indian law. These include juveniles (those who committed the offence when under 18), pregnant women, and persons with mental illness. There is also a robust appellate process: a Sessions Court sentence must be confirmed by the High Court, can be appealed to the Supreme Court, and the convict can file a mercy petition before the President (Article 72) or Governor (Article 161).
Final Thought
The death penalty is legal in India but is reserved in principle for the rarest of rare cases. In practice, actual executions are exceptionally rare, and the Supreme Court has been increasingly cautious about confirming death sentences. The Law Commission in its 262nd Report (2015) recommended abolishing the death penalty for all crimes except terrorism, but no legislative action has been taken on this recommendation so far.
Frequently Asked Questions (FAQs)
Q1. How is the death penalty carried out in India?
Execution in India is carried out by hanging. The sentence directs that the convict be hanged by the neck till death, as provided under Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Q2. Can a death sentence be commuted in India?
Yes. The President of India (Article 72) and Governors (Article 161) have the power to grant pardons, commute sentences, or grant reprieves. The Supreme Court can also stay or commute death sentences. Many death sentences are eventually commuted to life imprisonment.
Q3. How many people are currently on death row in India?
According to Project 39A’s annual statistics, over 560 people were on death row in India at the end of 2024. Sessions Courts imposed 128 new death sentences in 2025 alone, though very few are ultimately confirmed by higher courts.
Q4. Can India abolish the death penalty?
India could abolish capital punishment through a legislative amendment to the BNS and other laws that prescribe death as a punishment. The Law Commission recommended partial abolition in 2015. As of 2026, there is no active legislative proposal for abolition, and India remains a retentionist country.
