India
We have been working in India since 2008.
Although the Supreme Court has limited the application of the death penalty to the ‘worst of the worst’ crimes, death sentences continue to be regularly imposed, and new death-eligible offences were added under the Bharatiya Nyaya Sanhita, India’s new criminal code, in 2023.
India has carried out executions as recently as 2020, and holds more than 500 people on death row – a figure which has nearly doubled since 2016.
While the use of capital punishment has been restricted to the ‘worst of the worst’ crimes, concerns remain about inconsistencies in sentencing, as well as inadequacies of procedural safeguards for people facing death sentences.
Our work in India combines engagement with decision-makers, strategic litigation, practical training initiatives and empirical research. We also represent and provide legal assistance to individuals – including British nationals – facing the death penalty, offering expert advice and collaborating with consular teams and local lawyers.
Of note, we participated in consultations with the Law Commission of India, which in 2015 recommended abolition of the death penalty for all offences except terrorism.
In collaboration with our longstanding partner The Square Circle Clinic (formerly known as Project 39A), we have conducted a study on the view of judges towards the death penalty and the administration of justice in India. The findings were published in 2017, and based on interviews with 60 former judges of the Supreme Court of India, we revealed that there was an overwhelming concern amongst judges regarding the criminal justice system in India.
In 2025 we delivered training workshops on mental health and sentencing, including programmes with psychiatrists and other criminal justice stakeholders, exploring the intersection of mental health, criminal law and medical ethics. These initiatives aim to promote the importance of mitigation and ensure that mental health is considered in capital cases.
We continue to work closely with The Square Circle Clinic and our other key partners in India, expanding our training initiatives, supporting research and building momentum towards restricting the use of the death penalty in India.