No Evidence Lethal Injection Is More Humane Than Hanging For Death Sentence: Supreme Court

The case involves a public interest litigation challenging the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973, which prescribes hanging as the sole method of execution for death sentences. The petitioner argues that this method violates Article 21 of the Constitution by denying the right to die with dignity.

Petitioner: Rishi Malhotra & Anr.; Respondent: Union of India; Judge: Mehta, J.

• The Court heard the writ petition challenging the constitutional validity of Section 354(5) CrPC (and corresponding Section 393(5) BNSS).
• The Court noted that the petition was first taken up for consideration on 6th October, 2017.
• The Court observed that constitutional perspectives are not static and that a provision once upheld may require reconsideration in light of scientific and social developments.
• The Court recorded the petitioner's submission that execution by hanging destroys dignity and referred to the dissenting opinion in Bachan Singh regarding suffering.
• The Court observed, prima facie, that the legislature may consider devising alternative methods of execution to avoid unnecessary pain and suffering.

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