Supreme Court rejects challenge to execution by hanging, affirms legislative choice under Bharatiya Nagarik Suraksha Sanhita, 2023.
In a landmark decision, the Supreme Court of India has upheld the constitutionality of execution by hanging, rejecting a challenge to the provisions under Section 354(5) of the Code of Criminal Procedure (CrPC) and Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court dismissed a Public Interest Litigation (PIL) filed by petitioner Rishi Malhotra, which contended that hanging is a barbaric and inhumane method violating Articles 14 and 21 of the Indian Constitution.
The bench, comprising Justices Vikram Nath and Sandeep Mehta, noted that the issue of hanging as a mode of execution had already been settled by the Supreme Court in the case of Deena v. Union of India (1983), which upheld hanging as a constitutionally valid method. The court ruled that no compelling new evidence or constitutional developments had been presented to overturn this decision.
The court considered arguments from the petitioner who cited the 187th Report of the Law Commission of India, which recommended exploring alternative methods of execution, such as lethal injection. However, the bench emphasized that Law Commission reports are recommendatory, and the legislature's choice to retain hanging reflects a deliberate policy decision.
The judgment also considered arguments regarding the unpredictability and potential suffering associated with hanging. The court found no scientific evidence demonstrating that alternative methods like lethal injection are more humane or effective. The bench underscored that the determination of execution methods falls within the legislative and executive domain, not judicial intervention.
The court, while dismissing the petition, allowed for the possibility of future reconsideration should new evidence emerge. It also suggested that the government may, if it sees fit, review the method of execution with input from experts in relevant fields.
Bottom Line:
Constitutionality of hanging as the sole method of execution under Section 354(5) of the Code of Criminal Procedure (CrPC) and Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) upheld - No compelling material provided to overturn the three-Judge Bench decision in Deena v. Union of India.
Statutory provision(s): Articles 14 and 21 of the Constitution of India, Section 354(5) of the Code of Criminal Procedure (CrPC), Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.
Rishi Malhotra v. Union of India, (SC) : Law Finder Doc id # 2962215
