India's Capital Punishment or Death Penalty Explained: Know Rarest of Rare Doctrine, Laws, Historic Judgments, Execution Process

The death sentence granted to Muskan Rastogi and Sahil Shukla in Meerut’s “blue drum” murder case on October 14 highlights why a trial court’s decision does not automatically mean execution.

A Meerut court granted the pair on October 14, 2026, for murdering Saurabh Rajput, Muskan’s husband, and hiding his dismembered remains in a cement-filled plastic drum. The trial included 126 hearings and testimony from 22 prosecution witnesses. Prosecutors argued that the planned, brutal crime qualified as one of the “rarest of rare” cases.

While official Indian government statistics traditionally maintain that only 57 people have been executed since the country gained independence in 1947, independent research heavily disputes this figure.

In 2015, a landmark study stated that the National Law University (NLU), Delhi, established that at least 752 individuals had been executed in India since August 1947.

What does Indian law say on the death penalty?

India retains the death penalty for some serious offences, including specified forms of murder, terrorism-related crimes and some sexual offences. In its 1980 Bachan Singh v State of Punjab judgment, the Supreme Court ruled that death should be imposed only in the “rarest of rare” cases, when life imprisonment is unquestionably inadequate. Courts weigh aggravating circumstances against mitigating factors, including the accused’s background, mental condition, role, and prospects of rehabilitation.

Capital punishment is most usually enforced in murder cases, followed by cases involving sexual violence. But a trial court’s sentence is not the end of the process.

Why might a death sentence not lead to execution?

A session court’s death sentence must be submitted to the High Court for confirmation. The convict can challenge the conviction and sentence, and the High Court independently examines the case. Further appeals may reach the Supreme Court. Convicts may also seek review and, in limited circumstances, curative relief.

The President and state Governors have constitutional powers under Articles 72 and 161 to grant mercy and suspend, remit or commute sentences. A mercy petition may cause a sentence reduction to life imprisonment. Courts can also reverse a death sentence after considering prison conduct, psychological assessments and reports concerning rehabilitation.

A rare punishment with safeguards

The process has several safeguards because execution is irreversible and courts must guard against wrongful convictions and inconsistent sentencing. Project 39A figures revealed that trial courts imposed 139 death sentences in 2024, but the Supreme Court confirmed none that year; it commuted five sentences and acquitted one appellant among six appeals heard.

The Meerut ruling is therefore a sentence, not a final execution date. Muskan and Sahil can challenge the verdict and pursue available remedies. Whether they ultimately face execution depends on analysis by higher courts and any constitutional mercy decision. The case underscores the central principle of Indian capital punishment: even in crimes that stir public outrage, the law requires demanding scrutiny before the state can take a life.

Landmark Supreme Court Cases on the Death Penalty in India

1. Rajendra Prasad v. State of Uttar Pradesh (1979)

In Rajendra Prasad v. State of Uttar Pradesh (1979), the Supreme Court reviewed the constitutional validity of capital punishment and the conditions in which it could be imposed. Justice V.R. Krishna Iyer emphasised that the death penalty should be awarded only in exceptional circumstances, with particular consideration given to the protection of society and the possibility of reforming the offender.

The judgment emphasised on recording special reasons for imposing capital punishment. It also highlighted the need to consider the offender’s circumstances, including their background and the possibility of rehabilitation.

2. Bachan Singh v. State of Punjab (1980)

The Supreme Court delivered a landmark ruling in Bachan Singh v. State of Punjab (1980), upholding the constitutional validity of the death penalty by a 4:1 majority.

The five-judge Constitution Bench rejected the argument that capital punishment, as an alternative punishment for murder, necessarily violated Articles 14, 19 and 21 of the Constitution. However, it established that the death penalty should be imposed only in the “rarest of rare cases”, when the alternative option of life imprisonment is unquestionably inadequate.

3. Machhi Singh v. State of Punjab (1983)

In Machhi Singh v. State of Punjab (1983), the Supreme Court reiterated the principles directing the “rarest of rare” doctrine established in Bachan Singh.

The Court analysed five categories of circumstances that could determine whether a case warranted the death penalty:

1. Manner of commission of the crime: Murders committed with extreme brutality, torture, or extreme cruelty.

2. Motive behind the crime: Murders guided by motives demonstrating extreme depravity, such as killing for financial gain.

3. Anti-social nature of the crime: Offences that involve socially abhorrent circumstances

4. Magnitude of the crime

5. Personality of the victim: The circumstances relating to the victim and the type of crime committed against them.

The judgment helped courts interpret the rarest-of-rare standard. However, these categories are not automatic grounds for imposing capital punishment; courts must assess the individual circumstances of each case in accordance with constitutional safeguards.

Landmark Death Penalty Cases and Executions in India

• Nirbhaya Case (2012 / Executed 2020): Four men were convicted and hanged in Tihar Jail for the gang rape and murder of a 23-year-old woman in Delhi.

• Ajmal Kasab Case (2008 / Executed 2012): The sole surviving terrorist from the 26/11 Mumbai terror attacks was convicted of murder and waging war against India, and hanged at Yerawada Central Jail.

• Afzal Guru Case (2001 / Executed 2013): Convicted for his role in the 2001 Indian Parliament attack and hanged in Tihar Jail.

• Yakub Memon Case (1993 / Executed 2015): The convict whose death sentence was upheld in the 1993 Mumbai serial blasts was hanged in Nagpur Central Jail.

• Dhananjoy Chatterjee Case (1989 / Executed 2004): A security guard sentenced to death for the rape and murder of 14-year-old Hetal Parekh in Kolkata.

• Indira Gandhi's Assassination (1984 / Executed 1989): Satwant Singh and Kehar Singh were sentenced to death and executed for the murder of Prime Minister Indira Gandhi.

• Nathuram Godse Case (1949 / Executed 1949): Punished for the assassination of Mahatma Gandhi