From Sentencing to

Execution:
Investigating Judicial
Delays in Death
Presented By : Prisha J Chanchani
Penalty Cases T043
NMIMS, Kirit P Mehta School of
Law,Mumbai
 1
OVERVIEW
• Introduction • Legal • Conclusion
Framework in
India and Other
Countries
• Reasons for • Comparative • Thank You
Delays in Study between
Death Penalty the Three
Countries
 2
ABSTRACT
This research critically examines the procedural delays in the application of
the death penalty in India, focusing on factors such as appellate processes,
mercy petitions, bureaucratic inefficiencies, and societal opposition. A
comparative study with the U.S. highlights the differences in procedural
timelines, with the U.S. demonstrating streamlined practices that ensure
timely resolution. In India, the "rarest of rare" doctrine guides the imposition
of the death penalty, but delays impact convicts, victims' families, and
public perceptions of justice.
By analyzing legal frameworks, case studies, and timelines, the study
identifies best practices to mitigate delays while safeguarding justice and
human rights. Recommendations for improving judicial and administrative
efficiency in India conclude the study.
 3
INTRODUCTION
Capital punishment has been practiced since ancient times as a
means of retribution and deterrence. In India, capital punishment is
retained for the "rarest of rare" crimes, following the landmark
Bachan Singh v. State of Punjab (1980) judgment.
International frameworks like the UDHR and ICCPR advocate for the
abolition of the death penalty, emphasizing the right to life and
humane treatment of prisoners. However, India is not a signatory to
abolition protocols, reflecting a middle ground between justice for
heinous crimes and human rights recognition.
Delays in execution in India raise questions about their impact on
prisoners, victims' families, and judicial efficiency. A critical
examination of these delays and their implications is essential to
ensure timely and equitable justice.
 4
REASONS FOR DELAYS
IN DEATH PENALTY
1. Introducing the 3. Human Rights
Problem Concern

2. Reasons for 4. Questions Raised

Delay in by the Delays
Execution of
Death Penalty
 5
Introducing the
Problem
The average time spent on death row in India
often exceeds a decade, subjecting prisoners to
immense psychological suffering. Prolonged
delays, as seen in the Nirbhaya case (8 years for
execution), create a "living death" for inmates,
oscillating between hope and despair.

This violates principles of human dignity and

international frameworks like the UDHR and
ICCPR, raising concerns about the proportionality Nirbhaya
of the death penalty. The uncertainty intensifies Convicts

suffering, making the punishment harsher than

legally intended and necessitating systemic
reforms.
 6
Reasons for Delay in Execution of
Death Penalty
• . In the Shatrughan Chauhan v. Union of India (2014), the Court held that
unexplained delays in deciding mercy petitions violate Article 21 .
• Review Petition is filed under Article 137 of the Indian Constitution. In death
penalty cases it is filed by the convict as a safeguard against judicial errors.
• Curative Petition was established by the Supreme Court in Rupa Ashok Hurra v.
Ashok Hurra (2002)
• A mercy petition is an appeal made to the President of India or the Governor of
a state under Articles 72 and 161 of the Constitution, respectively, seeking
clemency or a commutation of the death sentence.
• Cases like Mumbai terror attack (Ajmal Kasab), the Parliament terror attack
convict Afzal Guru, Yakub Memon case, Nirbhaya Case etc. attracted lot of
public scrutiny.
 7
Human Rights Concern

74.1% of death row prisoners in India

belong to economically vulnerable
backgrounds, with disproportionate
representation from Scheduled
Castes, Scheduled Tribes, and
religious minorities.
Poverty, illiteracy, and lack of access
to competent legal representation
place marginalized individuals at a
systemic disadvantage.
 8
Human Rights Concern
Many prisoners lack awareness of
their legal rights, further delaying
their ability to seek relief. 23% of
prisoners sentenced to death had
never attended school. A further
9.6% had barely attended but had
not completed even their primary
school education. Amongst the
states with a substantial number of
prisoners on death row, Bihar
(35.3%) and Karnataka (34.1%)
had the highest proportion of
prisoners who had never attended
school.
 9
Human Rights Concern
76% of death row prisoners in India
belong to backward classes and religious
minorities, reflecting a disproportionate
impact on marginalized communities.
Scheduled Castes and Scheduled Tribes
account for 24.5% of all death row
prisoners, with significantly higher
percentages in states like Maharashtra
(50%), Karnataka (36.4%), and Madhya
Pradesh (36%).
Religious minorities face similar
disparities, particularly in Gujarat (79%
Muslims), Kerala (60% minorities), and
Karnataka (31.8% minorities).This
highlights systemic inequalities that
must be addressed in the conversation
 10
Questions Raised by the Delays
Prolonged delays in death penalty cases raise critical concerns
about justice and humanity. They cause severe psychological
suffering for inmates, known as the "death row phenomenon,"
which is criticized as cruel and degrading under international
human rights standards like the UDHR and ICCPR. These delays
weaken the deterrent effect of the death penalty, challenge
proportionality in sentencing, and impose emotional and
financial distress on both inmates’ and victims’ families.
Systemic inefficiencies, such as the absence of statutory
timelines for appeals and mercy petitions, disproportionately
affect marginalized groups who lack access to quality legal
representation. The financial burden on taxpayers to maintain
death row inmates over extended periods further questions the
economic viability of capital punishment compared to
alternatives like life imprisonment. Addressing these issues
 11
LEGAL FRAMEWORK IN
INDIA AND OTHER
COUNTRIES
1. Legal Framework 2. Legal Framework
in India in Saudi Arabia

3. Legal Framework in
the United States of
America
 12
Legal Framework in India
Crimes Punishable by Death (under IPC, 1860):
1.Waging war against India.
2.Mutiny or aiding mutiny.
3.Falsifying evidence for death sentence convictions.
4.Murder.
5.Suicide assistance (for minors or intellectually disabled).
6.Kidnapping with intent to harm.
7.Rape leading to death or persistent vegetative state.
8.Repeat rapists.
9.Armed robbery with murder.
10.Explosives causing harm.
11.Sexual assault leading to death (Criminal Law, 2013).
12.Gang rape, rape of minors under 12 years (2018 Ordinance).
13.Drug trafficking.
 13
Legal Framework in Saudi Arabia
1.Execution Statistics:
• Between 2010-2021, at least 1,243 people
were executed and average executions per
year is 129.5.
• In 2022 alone, 147 people were executed.
• The bloodiest years occurred under the
leadership of Mohammed bin Salman (2015-
2022), with an 82% rise in executions.
1.Crimes Leading to Execution include murder,
drug trafficking, including smuggling, sexual
offences, membership in criminal or
proscribed groups, kidnapping or false
imprisonment with assault, burglary, or
robbery, sedition, treason, and state security
 14
Legal Framework in the United States
of America
• Legal System: Texas operates within the
U.S. federal system, where federal and
state laws coexist.
• Capital Felony: Individuals convicted of
capital felonies may face the death
penalty. Examples include: Murder of public
safety officers, judges, or children under 6.
or Murder during specified felonies
(kidnapping, burglary, etc.).
Death Penalty Criteria:
• Must be 18 or older at the time of the
crime.
• Execution method: Lethal injection (using
 15
Legal Framework in the United States
of America

Execution Process: Huntsville Unit Execution

• Location: Huntsville Unit ("The Walls Unit"), Chamber
Texas.
• Historical Methods: Previously hangings
(until 1924) and electrocution (until 1982).
 16
COMPARATIVE STUDY
BETWEEN THE THREE
COUNTRIES
1. Legal Framework 3. Death Penalty
and Application Practices

2. Humans Right 4. Recent

Consideration Developments
 17
Legal Framework and Application
• India: Capital punishment is reserved for the
"rarest of rare" cases, like murder and
terrorism. As of December 2024,
overcrowding in prisons is a major issue with
over 5.7 lakh prisoners.
• United States: Capital punishment is legal in
27 states, with the federal government
retaining it for certain crimes. Extensive
appeals often lead to long delays, with about
2,400 inmates on death row. The total number
of prisoners is around 1.8 million.
• Saudi Arabia: The death penalty applies for a
wide range of crimes under Sharia law,
including murder and apostasy. Executions
are often public, with little time spent on
 18
Humans Right Consideration
1.India:
• Delays in execution causing psychological trauma for
inmates
• Disproportionate representation of marginalized groups on
death row
Overcrowding of prisons in
• Overcrowding & poor prison conditions violating international India
standards
1.United States:
• Racial bias in sentencing and execution of individuals with
intellectual disabilities
• Prolonged death row stays as cruel & unusual punishment
• Racial disparities & wrongful convictions worsening human
rights concerns
1.Saudi Arabia:
Drug Convicts executed in Saudi Arabia
• Lack of fair trials, torture for confessions, and executions for
non-violent offenses
 19
Death Penalty Practices
1.India:
• Retains death penalty but executes sparingly.
• High-profile cases like Nirbhaya highlight its use, though delays cause
uncertainty for prisoners.
1.United States:
• Legal in 27 states, abolished in 23.
• Prolonged appeals lead to delays; methods include lethal injection,
electrocution, or firing squads.
1.Saudi Arabia:
• Death penalty implemented frequently and swiftly.
• Public executions as a deterrent, criticized for lack of fair trial and use
for non-violent crimes.
 20
Recent Developments
• India: Human rights abuses and the risk of judicial mistake are the
arguments on which the increasing momentum for abolition of the death
sentence rests. Yet, as of December 2024, it continues to be actively
practised.
• United States: Some states have halted executions or are planning to
abolish the death penalty. With increasing support for life in prison
without the possibility of release as an option, public sentiment is
progressively changing.
• Saudi Arabia: The death sentence is still applied in Saudi Arabia in spite of
criticism from other countries. The kingdom announced changes in 2019
to restrict the use of the death penalty for specific crimes, but as of
December 2024, the changes had little effect.
 21
CONCLUSION
The journey from sentencing to execution in Indian death
penalty cases highlights systemic inefficiencies that delay
justice and undermine its principles. Administrative
bottlenecks, prolonged appellate processes, and
ineffective mercy petition handling disproportionately
impact marginalized communities, raising ethical and
human rights concerns.
These delays erode public confidence, intensify inmates’
suffering, and deny closure to victims' families. This
research emphasizes the urgent need for systemic
reforms to ensure that justice in capital punishment cases
is timely, equitable, and humane.
 22
RECOMMENDATION
• Statutory Timelines for Appeals and Mercy Petitions
• Specialized Death Penalty Benches
• Reform the Mercy Petition Process
• Strengthen Legal Aid Representation
• Improvise Prison Conditions
• Address Socio-Economic Biases
• Public Awareness and Dialogue
India’s judicial delays in death penalty cases highlight the pressing need for a balanced
approach that safeguards justice while ensuring efficiency. While reforms in the legal and
administrative processes can mitigate existing issues, the country must also reflect on
whether the death penalty remains a just and humane form of punishment in the 21st
century. By prioritizing fairness, transparency, and human dignity, India can take
significant steps toward a justice system that is equitable for all.
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