Judicial Review: Supreme Court Maintains Three-Year Moratorium on Capital Punishment Amid Systemic Sentencing Discrepancies

Intelligence analysis confirms the Supreme Court of India has upheld its de facto moratorium on capital punishment for the third consecutive year, with 2025 marking the acquittal of ten death row prisoners. This sustained judicial restraint at the apex level reflects a documented trend of heightened scrutiny and skepticism toward capital sentencing, as noted in recent judicial observations. However, this top-tier caution starkly contrasts with sentencing patterns at lower judicial echelons. Data compiled over the past decade reveals Sessions Courts have imposed 1,310 death sentences, indicating a significant institutional divergence in the application of the ultimate penalty. The persistently high rate of subsequent acquittals by appellate courts, including the Supreme Court, raises substantial concerns regarding the integrity of initial trial proceedings and the potential for wrongful convictions at the primary judicial level. This analytical report highlights a critical systemic tension: while the highest court exercises increasing restraint, the foundational trial courts continue to issue capital sentences at a considerable volume, suggesting a pressing need for procedural reforms and enhanced evidentiary standards to align sentencing practices across the judicial hierarchy and mitigate risks of judicial error.