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.

In India, the procedure for executing the death penalty is governed by various statutes, including the Code of Criminal Procedure (CrPC), 1973, Indian Penal Code (IPC), 1860, and Prison Manuals. The method of execution and the legal process follow strict guidelines to ensure that all constitutional rights of the convict are observed before the sentence is carried out. 1. Judgment and Confirmation of Sentence - Under Section 366 of the CrPC, when a trial court sentences a person to death, the sentence must be confirmed by the High Court. The trial court sends the proceedings to the High Court for confirmation, which is mandatory. - During this stage, the High Court re-examines the trial court’s decision on both legal and factual grounds to ensure that the death penalty is justified. 2. Appeal to the Supreme Court - After confirmation by the High Court, the convict has the right to appeal to the Supreme Court under Article 136 of the Indian Constitution. - The Supreme Court has the discretion to entertain the appeal if there are substantial legal or factual questions. 3. Filing of a Review Petition - If the Supreme Court upholds the death sentence, the convict can file a review petition under Article 137 of the Constitution. This allows the same bench to reconsider its judgment. 4. Curative Petition - If the review petition is rejected, the convict can file a curative petition as the last judicial remedy. A curative petition is heard by the same bench that decided the original case and review petition. 5. Mercy Petition to the President or Governor - After exhausting all judicial remedies, the convict can submit a mercy petition to the President of India under Article 72 or the Governor under Article 161 of the Constitution. - The President or Governor has the discretion to grant a pardon, commute, or stay the execution. Execution Procedure under Prison Rules 1. Warrant of Execution - Once all legal remedies and the mercy petition are exhausted, the trial court issues a warrant for execution. This warrant specifies the date and time of execution. 2. Method of Execution - As per Section 354(5) of the CrPC, the method of execution is by hanging till death. In Deena v. Union of India (1983), the Supreme Court upheld that hanging is a constitutional and humane method of execution. - In rare cases, the court may order death by shooting as allowed under military law for offenses committed by personnel under the army Act, 1950. 3. Final Meeting with Family - The convict is allowed to meet family members and close relatives before the execution. They are also informed of their right to perform religious rituals. 4. Execution - The convict is hanged till death by a trained executioner. The execution usually takes place in the early morning hours to ensure minimal disturbance. - The medical officer present certifies the death of the convict. 5. Post-Execution Formalities - After execution, a post-mortem examination is conducted to confirm death. The body is either handed over to the family or, if unclaimed, disposed of as per prison rules. - A report on the execution is submitted to the court and higher prison authorities. Conclusion The execution of the death penalty in India follows a thorough and multi-step legal process, ensuring that all judicial remedies and constitutional safeguards are available to the convict. From the trial court to the President's mercy jurisdiction, the convict is given every opportunity to challenge the sentence. Hanging remains the primary method of execution, and the process aims to balance justice with humanity. If you require any clarification, do not hesitate to contact us. Thank you.

Dear client, Death penalty has been a mode of punishment since time immemorial. The arguments for and against have not changed much over the years. Crime as well as the mode of punishment correlate to culture and form of civilization from which they emerge. The law commission of India has taken up the subject suo moto due to the technological advances in field of science, technology, medicine, anaesthetics and since more than three decades have passed by after 35th Report of the Law Commission on Capital Punishment, 1967 with reference to the mode of executing death penalty. The Law Commission, in pursuance of the observations made in the 35th Report, decided to conduct study of various modes of execution of death sentence and to suggest any reform if needed in the present system of execution of death sentence in India. Modes of Execution through Ages- Various modes and methods of inflicting death sentence upon the convict as practiced in different societies are examined. Since middle ages death sentence was the common practice throughtout the world and inflicted in the case of conviction for large number of crimes, including petty offences involving property. In England, during the 18th Century, death was the punishment for several specific offences which were about a hundred. The death penalty was executed in various ways. Several methods of execution of death sentences involved torture, burning at the stake, breaking on the wheel, slow strangulation, crushing under elephant's feet, throwing from a cliff, and so on. The number of death penalty was also reduced in all leading countries. Also, penalties involving torture disappeared with the idea that punishment by way of death sentence should be Swift and humane, whether by guillotine, hanging, the garotte, or the headman's axe. Execution of Death Sentence in India- The execution of death sentence in India is carried out by two modes namely handing by neck till death and being shot to death. The jail manuals of various States provide for the method of execution of death sentence in India. Once death sentence is awarded and is confirmed after exhausting all the possible available remedies the execution is carried out in accordance with section 354(5) of CrPC, The Army Act, 1950 and The Navy Act, 1957 that the execution has to be carried out either by hanging by neck till death or by being shot to death. Conclusion- As a result of the ongoing practices, death penalty has been stopped as a punishment. It is given in rarest of rare cases only and upon the discretion of Court and Judge, involved in the case. Should you have any queries, please feel free to contact us!