“To Be Hanged Till Death…”: Top Court Sticks To Noose For Capital Punishment Death Penalty Hanging Supreme Court

New Delhi:

The Supreme Courtroom has rejected a petition looking for to interchange dying by hanging with different “much less painful” strategies resembling deadly injection.

Upholding the constitutional validity of capital punishment by hanging, the Supreme Courtroom clarified that hanging will stay the strategy of execution for now within the nation.

A bench of Justices Vikram Nath and Sandeep Mehta dismissed a petition that sought the adoption of an alternate methodology, as an alternative of hanging, for executing the dying penalty in a way that causes much less ache to the convict and protects their dignity.

The Supreme Courtroom additionally rejected the plea to refer three earlier judgments on the problem to a bigger bench.

The petitioner had sought that the three earlier Supreme Courtroom judgments on the problem be referred to a bigger bench. Nevertheless, the bench stated there was no ample foundation to take action.

What Did The Petition Say?

The petition filed by lawyer Rishi Malhotra urged alternate options to hanging resembling deadly injection, taking pictures, electrocution, or gasoline chamber, which might trigger the dying of the convict inside a couple of minutes.

The PIL described hanging as extraordinarily painful, inhuman, and merciless. The petitioner sought that awarding the dying penalty by hanging underneath Part 354(5) of the CrPC be declared unconstitutional, and that the suitable to a dignified dying be acknowledged as a basic proper underneath Article 21 of the Structure.

The petition additionally acknowledged that it takes almost 40 minutes to declare dying after hanging, whereas the method is accomplished in about 5 minutes by means of taking pictures or deadly injection.

Malhotra additionally cited a United Nations decision which states that the place the dying penalty is imposed, it needs to be carried out in a way that inflicts the least potential struggling.

‘Centre Free To Discover Alternate options’

The Courtroom added that its judgment will not be the ultimate phrase on the topic, and that the problem could also be examined once more sooner or later if compelling scientific proof is produced concerning different strategies of execution.

“Earlier than parting, we make clear that the dismissal of the current writ petition should not be understood as foreclosing future constitutional scrutiny ought to compelling scientific, medical, or empirical proof emerge demonstrating that the factual and scientific foundation on which the choice in Dina proceeded has been materially displaced by subsequent developments,” it stated.

The court docket additionally stated that the Central Authorities, if it needs, can represent a committee of specialists to conduct a complete evaluation of other strategies of finishing up the dying penalty.

The Supreme Courtroom had concluded the listening to and reserved its verdict on January 22.

‘Specialists To Take into account’: Centre To Courtroom

Lawyer Normal R Venkataramani, showing for the Central Authorities, had earlier informed the court docket that the federal government had constituted a committee to think about the problem.

Throughout the listening to on October 15, 2025, the Supreme Courtroom had expressed displeasure that the Central Authorities was not keen to alter the follow.

Throughout the listening to, it was additionally urged that convicts be given the choice to decide on between hanging or deadly injection, however the Centre stated in its affidavit that doing so was “not virtually possible”.

The court docket expressed displeasure over this and stated the Centre didn’t seem keen to evolve with time.

Senior counsel Sonia Mathur, showing for the Centre, argued that the matter was linked to a coverage choice.

The bench then orally remarked: “The issue is that the federal government will not be keen to alter.” It additionally stated that this can be a very previous process and issues have modified with time.


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