Skip to main content

India | Supreme Court reserves verdict on plea against hanging convicts

The Supreme Court today reserved its verdict on a plea seeking a painless procedure for death convicts other than hanging.

A bench of Justices Vikram Nath and Sandeep Mehta has reserved their judgment after hearing Attorney General for India R Venkataramani, Senior Advocate Meenakshi Arora (for Project 39A), and Advocate Rishi Malhotra, who is the petitioner.

In 2023, the Supreme Court had allowed an intervention application filed by National Law University, Delhi's Project 39A in the plea seeking a painless procedure for death convicts.

Earlier hearings and government position:

The Supreme Court was informed that the Central Government was deliberating forming a committee to look into the issue of a painless procedure for the death penalty other than hanging. "We are deciding on who should be made part of such a committee, looking at names. I will be able to give a clearer picture soon," AG Venkataramani had told a former CJI Chandrachud-led bench.

The Supreme Court had asked the Central Government to provide it with relevant information on the process of death penalty by hanging. 

The Court had also asked the government to look into the aspect of technology and science, to check if there is a method far more consistent with human dignity other than hanging a convict. 

Further data was also sought on alternate methods used in other countries.

Petitioner's arguments:

Advocate Rishi Malhotra, the petitioner, had argued before the bench that death by dignity is a fundamental right. "When a man is hanged, his dignity is lost. A convict whose life has to end, he should not have to suffer the pain of hanging," Malhotra had further told the bench.

While taking the court through the process of hanging, the petitioner advocate had submitted that the body of a condemned person should be left hanging till the medical practitioner says that life is extinct.

Submitting that other countries were slowly moving away from the process of hanging a death convict, the Court was told that the USA has adopted administering a lethal injection.

Details of the petition and comparisons:

The petition before the Supreme Court sought to declare provisions contained under Section 354(5) of the Criminal Procedure Code as ultra vires of the Constitution for being discriminatory and violative of Article 21 of the Constitution, and also in contravention of the Constitution Bench judgment in Gian Kaur's case.

It also sought to declare the right to die by a dignified procedure of death as a fundamental right as under Article 21 of the Constitution of India.

The Court was told that while hanging a convict, the entire execution process takes more than 40 minutes to declare the prisoner to be dead, whereas the shooting process involves not more than a few minutes. In the case of intravenous lethal injection, the Court was told that all is over in 5 minutes.

Additional claims:

The petitioner argued that execution as contemplated under Section 354(5) of the Criminal Procedure Code is not only barbaric, inhuman, and cruel, but also against resolutions adopted by the United Nations Economic and Social Council (ECOSOC).

Case details:

Case Title: Rishi Malhotra vs. Union of India
Bench: Justices Vikram Nath and Sandeep Mehta

Source: lawbeat.in,  Aishwarya Iyer, January 22, 2026




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.