Report No. 187

Chapter 4

Execution of Death Sentence in India

The execution of death sentence in India is carried out by two modes namely hanging by neck till death and being shot to death. The jail manuals of various States provide for the method of execution of death sentence in India. Once death sentence is awarded and is confirmed after exhausting all the possible available remedies the execution is carried out in accordance with section 354(5) of the Code of Criminal Procedure1973 i.e. hanging by neck till death. It is also provided under The Air Force Act, 1950, The Army Act 1950 and The Navy Act 19571 that the execution has to be carried out either by hanging by neck till death or by being shot to death (as has been explained in detail herein below).

1. Chapter VI of The Air Force Act, 1950 in Section 34 provides for the offences in relation to the enemy which are punishable with death. Section 37 provides for the infliction of death sentence in case the accused is convicted. Chapter VII provides for the various punishments and the competent court-martials are empowered to recommend such punishments. Section 73 provides for the punishments awardable by Court martial. Chapter XII provides for the Confirmation and Revision provisions. Chapter XIII provides for the Execution of Sentences, section 163 deals with the form of the sentence of Death.

The provisions relating to awarding the Death penalty in The Army Act, 1950 are enunciated in Chapter VI Section 34 (a) to (l) relates to offences in relation to the enemy and punishable with death, Section 37 relates to Mutiny and provides for the infliction of death sentence in case the accused is convicted. Chapter VII deals with punishments awardable by court-martials, Chapter XII relates to Confirmation and Revision, Chapter XIII is on Execution of Sentences, Section 166 deals with form of Sentence of Death. Section 147 of The Navy Act 1957 provides for the Form of Death Sentence