Supreme Court keeps hanging for death sentences, leaves door open for future review

The Supreme Court of India refused to abolish hanging as the prescribed method for carrying out death sentences, maintaining the status quo while signalling openness to future reconsideration. Senior advocate Rishi Malhotra had challenged Section 354(5) of the Code of Criminal Procedure, contending that hanging can cause prolonged suffering and breaches Article 21’s dignity clause. Justices Vikram Nath and Sandeep Mehta said the petition did not establish a compelling case to overturn the earlier Dina decision, so a larger bench was unnecessary.

The court nonetheless emphasized that a shift in scientific or medical understanding could trigger a fresh review. It directed the Centre to convene an expert panel comprising specialists in law, forensic medicine, neuroscience and related fields to assess alternative execution methods. Project 39A submitted observations noting problems with lethal injection in other jurisdictions. For now, hanging remains the execution method, but the door remains open for evidence-based change.