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LATEST NEWS UPDATES | Death convict should die in peace, not in pain, says Supreme Court -Amit Anand Choudhary

Death convict should die in peace, not in pain, says Supreme Court -Amit Anand Choudhary

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published Published on Oct 7, 2017   modified Modified on Oct 7, 2017
-The Times of India

NEW DELHI: Observing that a convict facing death must die in peace and not in pain, the Supreme Court on Friday agreed to examine whether execution of death sentence by hanging could be replaced by other less painful procedures like by injecting lethal injection or shooting.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the government and Parliament could explore other less painful options to execute death sentence and issued notice to the Centre to respond to a petition seeking that Section 354(5) of Criminal Procedure Code, which prescribes execution of death sentence and says that a death convict shall be hanged by the neck till he is dead, be declared unconstitutional and invalid.

The court passed the order on a PIL filed by advocate Rishi Malhotra alleging that the present system for execution of death sentence is not only barbaric, inhuman and cruel but also against the resolutions adopted by the United Nations Economic and Social Council (ECOSOC) which says that capital punishment must be carried out so as to inflict minimum possible suffering to condemned prisoners.

Referring to various law commission reports, Malhotra contended that they had also favoured other procedures for executing the death sentence.

He said that a number of countries had abolished hanging and adopted electrocution, shooting or lethal injection to execute death sentence.

"The ultimate conclusion arrived by the law commission was that developed as well as developing countries have replaced execution by hanging by intravenous lethal injection or shooting which is most acceptable and humane method of executing death sentence involving less pain and suffering to a condemned prisoner," he said.

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The Times of India, 7 October, 2017, https://timesofindia.indiatimes.com/india/death-convict-should-die-in-peace-not-in-pain-says-supreme-court/articleshow/60978401.cms


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