SC dismissal of petition on execution methods

Notes

• The Supreme Court dismissed a petition challenging the constitutional validity of execution by hanging as prescribed under Section 354(5) of the Code of Criminal Procedure (CrPC) and Section 393(5) of the Bhartiya Nagarika Suraksha Sanhita, 2023.
• The Court observed that the petitioner failed to provide evidence of botched executions in India.
• The Bench noted that alternative methods like lethal injection, used in the United States, have a history of botched executions.
• The Court cited studies indicating that alternative methods such as electrocution, lethal gas, shooting, and lethal injection do not offer a distinct or demonstrable advantage over hanging.
• The judgment allows for future constitutional scrutiny if compelling scientific, medical, or empirical evidence against hanging is presented.
• The Court clarified that the government is not precluded from conducting a comprehensive review of execution methods through an expert body involving specialists in law and forensic medicine.