Death Sentences Rise In Tandem With POCSO Cases In Odisha, 11 Convicts On Death Row

A disturbing trend is written all over the walls in 'capital' letters. Odisha sessions courts have been awarding capital punishments to the convicts in a bigger way in the State since 2018.

As per the data released by the report Death Penalty In India: Annual Statistics Report 2021 by National Law University Delhi, in the last 3-years (2018, 2019 and 2021), in the year 2020 courts remain closed due to a long lockdown and only a few trials took place, the State saw as many as 23 death sentences. And the capital punishments have been sentenced to convicts in Odisha mainly in cases of murder (including witchcraft) and sexual offences.

The 'Capital' Trend

A look at the National Crime Records Bureau (NCRB) data for the period of 1998 - 2021, a 'capital' trend clearly comes to the fore.

During the period of 1998-2000, the State saw nil capital punishment sentences. In the years 2001-2003, a total of 5 death sentences were ordered by State's sessions courts.

During the period 2004 - 2006, the number of death sentences awarded in the State was at 12. In the subsequent 3-yr period of 2007-09, a total of 14 death sentences were awarded, and all were in the year of 2007 alone.

Similarly, for the three year period of 2010-12, only 2 death sentences were sentenced by the sessions courts in the State.

For the period 2013-15, the number of death sentences awarded in the State was nil. No death sentences were recorded in the years 2016 and 2017.

As per the report Death Penalty In India, a total of 9 capital punishments were awarded in the State in 2018, 5 in 2019, nil in 2020 (courts remain closed for most parts of the year) and 8 in 2021.

A look at the above data reveals that Odisha had recorded the highest capital punishment sentences in the year 2007, the years of 2018 and 2021 were at second rank with each recording 9 each.

However, nationally, as per the report, the year 2004 saw maximum death sentences.

Persons On Death Row In Odisha

As per the report Death Penalty in India, a total of 11 persons in Odisha are on death row now.

Of which, 9 were awarded capital punishment for murdering 3 on the suspicion of witchcraft in Rayagada. The case was registered in 2016. A trial court had ordered a death sentence in 2019. In October 2021, the district sessions judge has upheld the order.

Capital Sentences On Types Of Offences

In Odisha, the deaths sentences awarded in 2018 and 2021 were on cases of murder, in the year 2019, the maximum capital punishments were sentenced for sexual offences under POCSO Act.

Though there is no detailed data available with regard to the number of capital punishments on sexual offence cases and murder cases, the national trend detailed in the report shows a rise in Capital punishment sentences in cases of sexual offences in the country (rose from 31 percent of total death sentences in 2016 to over 54 percent in 2021).

Cases For Capital Punishments  

Below are listed the crimes and offences that are punishable by death:

• Aggravated Murder
• Other Offences Resulting in Death
• Terrorism-Related offences  not resulting in death
• Rape not resulting in death
• Kidnapping not resulting in death
• Drug trafficking not resulting in death
• Treason
• Military offences not resulting in death
• Other offences not resulting in a death like

1. An individual becomes a party to criminal conspiracy to commit a capital offence that is punishable by death.

2. Attempts to kill those sentenced to life imprisonment are punishable by death if the victim is harmed by the attempt.

3. Providing false evidence with the knowledge that can lead to the conviction of a person belonging to scheduled caste or tribe for committing a capital offence on the basis of such evidence, and will be punished with the death penalty if it results in the conviction and execution of an innocent person.

Execution Of Capital Punishments

As per the data available with State Law Department, not a single execution has been effected in Odisha after 1994, though the order of death sentences have risen in the past few years, especially in cases of sexual offences in the State.

Since 1994 capital punishment sentences were given to 66 convicts in the State, but number of convicts on death row in Odisha at the end of 2021 was 11.

The numbers show the appellate court (Orissa HC) has commuted the death sentences in the majority of the cases. This reflects the appellate judiciary's approach to death sentences awarded by the sessions courts in the State.

Commutation Capital Sentences By HC

Last year, Orissa HC had commuted a death sentence awarded by Keonjhar Sessions Judge in 2019 for sexual offences under POCSO Act. The HC commuted the sentence on the ground of the non-availability of the DNA sample test, despite the accused raped and killed a 3-year old girl. This point to lapses on the part of the prosecution.