AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 187

Responses and comments:

(A) Analysis of responses from the Judges

The Commission received responses from Judges of the different High Court and Subordinate courts to the consultation paper issued by the Law Commission. Analysis of their comments as follows:-

(1) Section 354(5) of the Code of Criminal Procedure, 1973 provides that when a person is sentenced to death, the sentence shall be executed by hanging by neck till he is dead. On the question whether this section 354(5) of the Cr.PC is required to be amended for providing another mode of execution of death sentence, 80% Judges have responded in favour of amending the section.

It means they are of the view that present mode of execution of death sentence should be changed. Only approx. 19% Judges are satisfied with present mode of execution of death. All of the 80% Judges who are in favour of amendment of section 354(5) have suggested that administering the lethal injection should be the other mode of execution of death sentence. However, 5% Judges have suggested that apart from the lethal injection, 'shooting' may also be prescribed as an alternative mode of execution of death sentence.

(2) In case another alternative mode of execution of death sentence is provided, question arises whether discretion should be given to the Judge or to the convict to 77select the mode of execution of death sentence? 45% Judges have opined that discretion should be given to the convict and 36% Judges are of the view that discretion should be given to the Judge in choosing the mode of execution of death sentence.

(3) As regards the right of appeal to the Supreme Court, as of now, there is no provision in law under which a person who has been awarded death sentence which has been confirmed by the High Court can as of right prefer an appeal to the Supreme Court against such sentence of death. 92% Judges have supported the view that there should be a statutory right to appeal to the Supreme Court in cases where death sentence has been confirmed by the High Court. Only one Judge of a subordinate court was not in favour of providing such right to appeal to the Supreme Court.

(4) In the Supreme Court, the question is should there be a bench of not less than five Judges to hear and decide the cases relating to the death sentence? 51% of the Judges have given their answer in the negative, while 41% Judges are of the view that cases relating to the death sentence should be heard and decided by a bench of not less than five Judges. Among them, 33% are of the view that the rule of majority should be applicable. 6% Judges are in favour of applying the rule of 2/3rd majority. 3% Judges have suggested that the rule of unanimity should be applied.



Mode of Execution of Death Sentence and Incidental Matters Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys