Report No. 187

A. Code of Criminal Procedure, 1973, and the Prison Manual

Section 368(1) of the Code of Criminal Procedure, 1898 provided for hanging by neck till death. This has been amended by the Code of Criminal Procedure, 1973. Section 354(5) reads as under:-

"When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead."

The execution of the death penalty in India, under the Code of Criminal Procedure, is thus carried out by hanging by neck till death during the last over hundred years. The execution of the death penalty is carried out in accordance with section 354(5) of the Code of the Criminal Procedure, 1973, and Jail Manuals of the respective States. For example, Chapter XXXI, Jail Manual of Punjab and Haryana provides for the various steps leading to the execution of the death sentence:-

"Paragraph 847(1) Every prisoner under the sentence of the death shall immediately on his arrival in the prison after sentence, be searched by, or by order of the Deputy Superintendent, and all articles shall be taken from him which the Deputy Superintendent deems it dangerous or inexpedient to leave in his possession."

"Paragraph 847(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard."

After such admission of the prisoner in the jail, the Deputy Superintendent is required to examine the cell and has to satisfy himself that it is secure and has no article which can be used as a weapon or instrument with which the prisoner can commit suicide. The said Deputy Superintendent also has to ensure that there is nothing in the cell which in his opinion is inexpedient to permit its remaining in such cell.