SC says the government is not ready to evolve to recognize cruelty in killing hanging until death
The Supreme Court is urging the government to reconsider and modernize the method of execution, but the government remains hesitant to move away from hanging, leading the Court to note the government’s unwillingness to evolve despite changing global norms.
In a hearing on October 14, 2025, the apex court expressed concern over the Central government’s reluctance to evolve from the traditional method of execution by hanging to potentially less painful alternatives, such as lethal injection. A bench comprising Justices Vikram Nath and Sandeep Mehta criticized the government’s “status-quoist” stance, observing, “The problem is the government is not ready to evolve… it’s a very old procedure, things have changed over a period of time.”
The Court was hearing a public interest litigation filed in 2017 by senior advocate Rishi Malhotra, seeking the abolition of hanging and the adoption of alternatives like intravenous lethal injection, shooting, electrocution, or gas chamber, highlighting that hanging is cruel and barbaric as the body can hang for around 40 minutes. Malhotra urged the Court to allow death row convicts at least the choice between hanging and lethal injection, a practice followed in the US military.
The Centre, however, argued that offering a choice might not be feasible, citing the decision as a policy matter. It defended hanging as the safest and quickest method while warning that other methods might lead to botched, barbaric outcomes. The Court has scheduled the next hearing for November 11, 2025, and has referenced an earlier May 2023 order contemplating the formation of an expert committee to review execution methods.
In summary, the Supreme Court is urging the government to reconsider and modernize the method of execution, but the government remains hesitant to move away from hanging, leading the Court to note the government’s unwillingness to evolve despite changing global norms.
Readers should know the 187th Report by the Law Commission urged India to introduce lethal injection alongside hanging to ensure a more humane and dignified system of execution while addressing related procedural and legal safeguards.
The Law Commission of India in its 187th Report, released in October 2003, focused on the mode of execution of death sentences and associated legal issues. It acknowledged that the current method of execution in India—hanging until death—can cause prolonged pain and suffering, which the Supreme Court has described as cruel and inhuman. In response, the Commission recommended amending Section 354(5) of the Code of Criminal Procedure (CrPC) to allow lethal injection as an alternative method of execution, providing judges discretion to choose the mode of execution.
The report emphasized that the execution method should be certain, humane, quick, decent, and respect the dignity of the condemned prisoner. The Commission suggested that the convict should have a say in the mode of execution before the judge exercises discretion. It also noted that international standards and evolving notions of human decency call for modernization of execution methods. The existing practice of hanging can result in asphyxiation or strangulation, leading to a painful and lingering death.
Alongside the mode of execution, the report touched on incidental matters such as judicial consistency and the right of appeal, recommending reforms to harmonize judicial opinions in death penalty cases and proposing the right of appeal to the Supreme Court in such cases.