Responding to a PIL filed by advocate Rishi Malhotra, alleging that the present system of execution is barbaric and is against the United Nations Economic and Social Council resolution. As per the Council, capital punishment must be carried out so as to inflict minimum suffering to condemned prisoners.
Following this, a bench of chief justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said that the government should explore less painful options of death sentence. The bench also issued notice to the Centre to respond to a petition seeking the amendment of Section 354 (5) of Criminal Procedure Code, which prescribes execution of death sentence and says that a death convict shall be hanged by the neck till he is dead. The bench demanded that the code be declared unconstitutional.
The court will also examine whether the present method of execution could be replaced by less painful procedures like lethal injection and shooting.