IS ROPE THE LAST RESORT?
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Keywords:
Capital Punishment, Execution, Modes, SentencingAbstract
"State should not punish with vengeance"
-Emperor Ashoka
Not much has been debated on the issue of the method of execution of death sentence in India. Section 357(5) of Cr.P.C reads as “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck until he is dead." is barbaric, inhuman and cruel but also against the resolution passed in United Nations Economic & Social Council (ECOSOC) which had categorically resolved by way of safeguard no. 9 which reads as "where capital punishment occurs it shall be carried out so as to inflict minimum possible suffering”.
The Supreme Court in Bachan Singh vs. the State of Punjab (1982) 3 SCC 25, has observed that “physical agony suffered during the execution of the sentence of death is no less cruel and inhuman”. Apex court's judgment in Deena vs Union of India, 1983 AIR 1155, which says:
"The act of the execution should be as quick and as simple as possible and free from anything that unnecessarily sharpens the poignancy of the prisoner's apprehension, should produce immediate unconsciousness passing quickly into the death, should be decent and not involve any mutilation."
Therefore, the author has decided to discuss the various modes which are less painful and can be considered as the new modes of the executing death sentence. The author would focus on the case studies and lastly, the author would come up with the conclusion and suggestions.
The present research study will be based on doctoral research methodology which will cover all the available literature over the issue, the latest information available on the government websites including reports of law commission and other informational sources as well. The research will also cover the latest news on the chronicles attached to the issue and comparative study with other countries.
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