What is the procedure for executing a death penalty in India?

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Answer By law4u team

In India, the procedure for executing a death penalty follows a detailed legal process to ensure fairness and adherence to the law. The execution is carried out by hanging, as stipulated in Section 354(5) of the Code of Criminal Procedure (CrPC), 1973. Here is an overview of the procedure: Confirmation by a Higher Court: Once a lower court sentences a person to death, the judgment is referred to a higher court (usually the High Court) for confirmation. The sentence is only carried out if the higher court confirms it. Appeal Process: The convicted person has the right to appeal the death sentence to the Supreme Court of India. They can also file a review petition or a curative petition if their appeal is rejected. Mercy Petition: If all legal remedies are exhausted, the convicted person has the right to file a mercy petition with the President of India or the Governor of the state. This is the last step in seeking a commutation of the death sentence to life imprisonment or a lesser punishment. Issuance of Death Warrant: Once all legal and constitutional remedies are exhausted and if the mercy petition is rejected, the court issues a death warrant specifying the date and time of the execution. Execution: The execution is carried out by hanging in the presence of jail officials and a medical officer. The hanging is performed in a manner that causes instant death to minimize suffering. Post-Execution Procedure: After the execution, the medical officer confirms the death, and the body is handed over to the family members for last rites, unless the court orders otherwise. This process is designed to provide ample opportunities for the convicted person to seek justice and prevent the miscarriage of justice.

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