India continues to retain the death penalty for the rarest of rare cases. The Supreme Court has now issued fresh guidelines to streamline mercy petitions and ensure humane treatment before execution.
BulletsIn
- Capital punishment still legal in India under IPC and special laws.
- Used only in “rarest of rare” cases, per Supreme Court’s 1983 ruling.
- Sections like IPC 302 and 376A allow death penalty for heinous crimes.
- Around 60 executions officially since 1947; civil groups claim thousands.
- India opposed UN’s moratorium on death penalty in 2007 and 2012.
- Mercy petitions filed to President or Governor after Supreme Court appeal.
- Decision made by Home Ministry, not President personally.
- No legal time limit to decide mercy pleas — delays can take years.
- Supreme Court says delays can justify commuting death to life term.
- Minimum 14-day notice between mercy rejection and execution mandated.
- New SC order: states must form dedicated cells for mercy plea handling.
- Electronic communication advised for speed and transparency.
- Judicial officer to oversee process in each state’s Home Department.
- Sessions courts to record all pending death sentence cases.




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