Capital Punishment in India - Appeal

Appeal

Once sentenced, a defendant has the right to appeal against the sentence as well as the conviction. The appeal will be heard by a higher court and can go all the way up to the Supreme Court, a process that can take two to three years. If all fails, the President can be approached to grant clemency - something he can do only after seeking the advice of the Indian cabinet. There is no definite time period in which the president has to make a decision. This has led to large delays in some cases, with convicts remaining on death row for several years.

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