Health Care

SC Seeks Centre's Response on Execution by Hanging

SC Seeks Centre's Response on Execution by Hanging”

A bench comprising Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud issued a notice to the Centre and sought its response in three weeks on the PIL, which referred to the 187th Report of the Law Commission against the present mode of execution.

The Supreme Court has urged the centre to consider whether there can be "other modes" for death sentence, given the advances in science.

Lawyer Rishi Malhotra had challenged the section 354 (5) of the criminal procedure code that says a criminal awarded capital sentence by a court shall be hanged by the neck till he is dead.

It noted in its order that the "legislature can think of some other modes by which a convict has to meet his death" in view of the invention of some other less painful ways of carrying out execution.

"Our Constitution is a compassionate one, which recognises the principle of sanctity of life", the Supreme Court said while hearing the plea.

Attorney General KK Venugopal has been asked to help the court in this case.

Under section 354 (5) of the CrpC, the only mode prescribed for execution of a death sentence is 'hanging by the neck till death'.

He said the right to life with dignity also included right to death with dignity, without pain and suffering.

The petitioner has cited an earlier Supreme Court judgement that said: "The act of the execution should be as quick and as simple as possible and free from anything that unnecessarily sharpens the poignancy of the prisoner's apprehension, should produce immediate unconsciousness (and) passing quickly into the death, should be decent and not involve any mutilation".

The plea demanded alternative to death by hanging by stating that it is brutal and inhuman way of punishment.



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