SC dismisses plea seeking painless alternative to hanging for death penalty

The Supreme Court on Tuesday dismissed a petition seeking an alternative painless method of carrying out the death penalty instead of hanging, Bar and Bench reported.

However, the court said that the dismissal of the petition does not mean that future constitutional scrutiny of the matter has been closed. The matter may be considered again if “compelling scientific, medical or empirical evidence” regarding alternative ways to carry out the death sentence is produced, it added.

A bench of Justices Vikram Nath and Sandeep Mehta passed the judgement while hearing the plea filed by an advocate.

The court also observed that its verdict does not prevent the Union government from reviewing the existing method of execution through an expert panel, Bar and Bench reported. The panel could examine whether an alternative method of execution would better serve the “constitutional objective of minimising unnecessary pain while preserving the dignity of condemned prisoners”.

The petition filed in 2017 had challenged the constitutionality of Section 354(5) of the Code of Criminal Procedure, which pertains to hanging till death, Live Law reported. The Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita in July 2024.

The petitioner had also sought to recognise the right to a dignified method of execution as a fundamental right.

The plea claimed that the execution process by hanging can...

Read more