Supreme Court issues notice to Centre in a PIL filed for abolishing the present practice of executing a death sentence by hanging

A Bench of Chief Justice Dipak Misra,Justice AM Khanwilkar and Justice DY Chandrachud on October 6,2017 issued notice to the Central Government in a PIL for abolishing the present practice of executing a death sentence by hanging.




On 12/09/2017 Rishi Malhotra a Supreme Court advocate filed a PIL in the Supreme Court for abolishing the present practice of executing a death sentence by hanging which involves “prolonged pain and suffering” and to replace it with intravenous lethal injection, shooting, electrocution or gas chamber in which death is just a matter of minutes

Acting on the PIL, the Supreme Court observed that the legislature can consider amending the provision of CrPC 1973, relating to death sentence which under section 354(5) provides   when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead” 

The Court also considers that convict who in law has to face death sentence shall die in peace and not in pain since nothing can be equal to painless death.

But the Court left the mode of death sentence to be decided by the legislature.  

Read the petition filed by Rishi Malhotra  here

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