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Report No. 187

(B) Analysis of the responses from persons other than Judges.

The Commission has also received a large number of responses to the consultation paper from the general public, persons from the legal profession, Doctors, officers of the Armed Forces and officers of the CBI etc. Analysis of their comments is as follows:-

(1) It is observed that 89% persons are in favour of amendment in section 354 (5) of the Code of Criminal Procedure, 1973, for providing other modes of execution of death sentence. However, 11% persons in their responses do not suggest amendment in section 354(5) of Cr.PC. 73% of among those who are in favour of providing other modes of execution of death sentence prefer that administering lethal injection should be an alternative mode of execution of death sentence. While 10% prefer using electric chair, 5% prefer shooting by firing squad as an alternative mode of execution death sentence. However, 12% persons suggested other modes of execution of death sentence.

(2) 51% of among those who are in favour of retaining the present mode of execution of death sentence i.e. 'hanging by neck till death' are of the view that execution of death sentence by hanging should be done in a public place. But 49% persons viewed that hanging should be done at a private place like a jail.

(3) On the question whether discretion should be given to the court in case provision being made for an alternative mode of execution of death sentence, 62% have given their answer in negative and 38% are in favour of giving discretion being given to the court. On the question whether discretion should be given to the convict for choosing mode of execution of death sentence, 70% have given their answer in the positive. However, 30% are not in favour of such discretion being given to the convict.

(4) 83% persons in their responses have opined that there should be a statutory right to appeal to the Supreme Court in cases where the death sentence awarded by the trial court is confirmed by the High Court. However, 17% are not in favour of providing a right of appeal to the Supreme Court in such cases.

(5) 99% persons are of the view that in the Supreme Court, cases relating to the death sentence should be heard and decided by a bench of not less than 5 Judges. Among them 47% are in favour of applying a rule of simple majority and 33% are in favour of rule of 2/3rd majority. 20% are in favour of the rule of unanimity.



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