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[29] In February 2013, a Kashmiri Muslim militant, Afzal Guru, was executed after being convicted of plotting the 2001 attack on the Indian Parliament.

According to an Advocate of the Bombay High Court, “There are many more death-row prisoners like Ankush who are juveniles under law and entitled to its protection, but their cases have not been investigated.” [28] At least three Tamils and one Sikh are awaiting execution on death row.

Courts may interpret Bachan Singh as overriding other law when sentencing for offenses resulting in death. As a result, those who are under arrest often do not know their rights, sometimes leading to mistreatment and forced confessions.

[9] However, whether (or when) these offenses are death-eligible must be considered in the light of the Indian Supreme Court’s decision in Bachan Singh. [45] Indigent defendants do not receive legal aid immediately after arrest or during remand and bail proceedings.

[37] According to the Legal Services Authorities Act of 1987, indigent detainees have the right to legal aid. [6] In its 2012 Universal Periodic Review, the Human Rights Council recommended that India establish an official moratorium on executions and move towards abolishing the death penalty. National Law University, Delhi, Death Penalty Research Project, [38] This could be interpreted to exclude intellectually disabled persons from the death penalty. According to the Indian Penal Code, individuals who were mentally ill at the time of the crime and who did not understand the nature of the act or know that the act was wrong or against the law cannot be held criminally liable. State Of Punjab vs Dalbir Singh, Criminal Appeal No. Amnesty Intl., India: Amnesty International welcomes commutation of death sentence of a child, ASA 20/033/2010, Nov. Vishwajoy Mukherjee, A Long Wait for Freedom, Tehelka, [39] Maharashtra Control of Organised Crime Act, art. 30 of 1999, 1999; Karnataka Control of Organised Crime Act, art. PRS India, The Arms Act—Mandatory Death Penalty Declared Unconstitutional, Amnesty Intl., Death Sentences and Executions in 2004, p. State of Punjab, India's Supreme Court held that the death penalty was constitutional only when applied as an exceptional penalty in ”the rarest of the rare” cases. According to the Penal Code, if any member of a group commits murder in the course of committing an armed robbery, all members of the group can be sentenced to death. However, in practice, the quality of legal representation was often poor. [7] However, India did not accept any recommendations regarding the death penalty. Amnesty International, India: The Death Penalty in India: A lethal lottery: A study of Supreme Court judgments in death penalty cases 1950-2006, ASA 20/007/2008, May 2008. Murder is punishable by death under Article 302 of the Penal Code, [1] and in Bachan Singh v. [38] The state provides free legal representation to indigent defendants. The Council also recommended that India commute all death sentences into life imprisonment terms and ratify the Second Optional Protocol to the ICCPR. A comprehensive source of information on capital punishment in India, launched in March 2015.

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[11] However, a recent Supreme Court ruling in February 2012 ruled this provision unconstitutional in light of the judgments in Bachan Singh v. Repeat offenders of gang rape are also punishable by death. Kidnapping or detaining an individual is punishable by death if the kidnapper threatens to kill or harm the victim, if the kidnapper’s conduct makes the death or harm of the victim a possibility, or if the victim is actually harmed. If an individual who has been convicted of the commission of, attempt to commit, abetment of, or criminal conspiracy to commit any one of a range of offenses related to drug trafficking (e.g. Moreover, there is no legal assistance in filing mercy petitions or writ petitions to the High Courts or Supreme Court after appeals have been exhausted.

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