Hanging stays as mode of execution, SC leaves door open for future scientific review

The Supreme Court on Tuesday refused to mandate an alternative to hanging as a method of execution, maintaining the constitutionality of the practice. However, the court signaled that future scientific and technological advancements could prompt a reevaluation of the execution method. The decision came in a case challenging the constitutionality of the hanging method under Section 354(5) of the Code of Criminal Procedure, now codified in Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Senior advocate Rishi Malhotra had argued that hanging was an obsolete and painful method of execution that violated the right to life with dignity under Article 21 of the Constitution. However, the bench ruled that there was no case for reconsidering the 1983 Constitutional Bench judgment, which upheld hanging as a valid method of execution.

Despite dismissing the challenge, the court emphasized that it did not rule out future scrutiny of the execution method based on scientific knowledge and developments. The ruling came after the government informed the court that an inter-ministerial committee was examining alternative methods for execution at the highest level. The court noted that deciding upon a less painful method of execution may not fall within the jurisdiction of a constitutional court and questioned whether the judiciary could direct the executive to alter a statute-prescribed method.

The Union government had argued that hanging was the "safest and quickest" method and had opposed lethal injection as an alternative, citing concerns over botched executions in the United States and the participation of medical professionals in such procedures.