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Report No. 262

(ii) The 187th Report of the Law Commission

2.3.6 In 2003, the Commission released its 187th Report on the "Mode of Execution of Death and Incidental Matters".69 The Commission had taken up this matter suo motu because of the "technological advances in the field of science, technology, medicine, anaesthetics"70 since its 35th Report. This Report did not address the question of whether the death penalty was desirable. Instead, it restricted itself to three issues:

(a) the method of execution of death sentence,

(b) the process of eliminating differences in judicial opinions among Judges of the apex Court in passing sentence of death penalty, and

(c) the need to provide a right of appeal to the accused to the Supreme Court in death sentence matters.71

69. Law Commission of India, 187th Report, 2003, available at
http://lawcommissionofindia.nic.in/reports/187th%20report.pdf
(last viewed on 26.08.2015).

70. Law Commission of India, 187th Report, 2003, at page 5, available at
http://lawcommissionofindia.nic.in/reports/187th%20report.pdf
(last viewed on 26.08.2015)

71. Law Commission of India, 187th Report, 2003, at page 7, available at
http://lawcommissionofindia.nic.in/reports/187th%20report.pdf
(last viewed on 26.08.2015).

2.3.7 After soliciting public opinion and studying the practice on these issues in India and in other countries, the Law Commission recommended that Section 354(5) of the CrPC be amended to allow for the lethal injection as a method of execution, in addition to hanging. The Commission also recommended that there should be a statutory right of appeal to the Supreme Court where a High Court confirms a death sentence, or enhances the sentence to capital punishment. Furthermore, it suggested that all death sentence cases be heard by at least a 5-judge Bench of the Supreme Court.72

72. Law Commission of India, 187th Report, 2003, at page 3, available at
http://lawcommissionofindia.nic.in/reports/187th%20report.pdf
(last viewed on 26.08.2015).



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