Supreme Court Upholds Hanging as Method of Execution for Death Row Convicts

The Supreme Court has upheld the practice of executing death row convicts by hanging, rejecting a petition that sought to replace it with less painful methods like lethal injection. The court's decision allows for a potential review of execution methods by an expert panel, but it clarified that it cannot dictate legislative changes. The ruling comes amid ongoing debates about the dignity and suffering of condemned prisoners, with arguments presented for alternative execution methods. This decision highlights the complexities surrounding capital punishment in India.

By Narendra Chaudhary Aug 18, 2026, 13:04 IST

Supreme Court's Decision on Execution Methods

A file image of the Supreme Court (Photo: @IANS)

New Delhi, Aug 18: On Tuesday, the Supreme Court rejected a petition that aimed to eliminate the current method of executing death row inmates by hanging, suggesting instead the adoption of less painful alternatives like intravenous lethal injection.

A bench comprising Justices Vikram Nath and Sandeep Mehta stated that their ruling does not prevent the government from conducting a thorough review of the existing execution methods through an expert panel, with the goal of determining if there are alternatives that could minimize unnecessary suffering while maintaining the dignity of the condemned.

This ruling came in response to a petition filed in 2017 by senior advocate Rishi Malhotra, who argued for the removal of hanging as the execution method for death row convicts.

The petition proposed replacing hanging with less painful options such as "intravenous lethal injection, shooting, electrocution, or gas chamber".

During the hearings, Malhotra emphasized that condemned prisoners should have the choice between hanging and lethal injection as their execution method.

In March 2023, the Supreme Court indicated it might consider forming a committee of experts to evaluate whether hanging is a proportionate and less painful method of execution, requesting more comprehensive data from the government regarding execution methods.

However, the court clarified that it cannot mandate the legislature to adopt a specific execution method.

In 2018, the government firmly backed a legal framework stipulating that death row inmates would only be executed by hanging, asserting that other methods like lethal injections and firing were not necessarily less painful.

The counter affidavit submitted by the joint secretary of the Ministry of Home Affairs argued that hanging is "quick, simple" and avoids any unnecessary distress for the prisoner.

This affidavit was in response to the public interest litigation that referenced the 187th Report of the Law Commission, which recommended the removal of hanging from the legal framework.