---
title: "SC dismisses plea to abolish death-by-hanging"
url: https://projectchintan.com/article/india-sc-dismisses-plea-abolish-hanging-v83us
publisher: Project Chintan
author: Project Chintan Newsroom
section: Politics
published: 2026-08-18T07:30:38.196Z
modified: 2026-08-18T09:30:07.741Z
language: en-IN
---

# SC dismisses plea to abolish death-by-hanging

The Supreme Court of India dismissed a 2017 petition seeking abolition of hanging for death row executions, while allowing for possible future expert reviews on execution methods.

## Key takeaways

- The Supreme Court dismissed the 2017 petition seeking abolition of death-by-hanging as the method of execution.
- The bench said the decision does not foreclose future constitutional scrutiny if new evidence emerges and suggested the Centre could review methods via an expert panel.
- Alternatives cited in arguments included lethal injection, shooting, electrocution, or a gas chamber, with a call for optional choice by the condemned in some submissions.
- March 2023 discussions indicated the court might set up a committee of experts to assess proportionality and pain, based on data from the Centre.
- The ruling was delivered from New Delhi on August 18, 2026.

## What Happened

The Supreme Court of India dismissed a petition filed in 2017 by senior advocate Rishi Malhotra seeking to abolish the use of hanging as the method of execution for death row convicts. A bench led by Justices Vikram Nath and Sandeep Mehta stated they were not persuaded to refer the matter to a larger bench for reconsideration and indicated that the government could have an expert review to explore alternatives that might minimize pain while preserving dignity. The court clarified that the ruling does not bar future constitutional scrutiny if compelling new medical, scientific, or empirical evidence emerges.

The decision was delivered in New Delhi on August 18, 2026, with the court noting that the Centre could set up an expert body to assess whether other methods could be more humane. The petitioner had argued for replacing hanging with methods such as intravenous lethal injection, shooting, electrocution, or a gas chamber, and had proposed allowing condemned prisoners a choice between hanging and lethal injection.

## Why It Matters

While the court did not accept the abolition petition, its remarks open the door to a structured review of execution methods by the Centre through an expert panel. The ruling aligns with ongoing discussions in some quarters about the proportionality and pain involved in state execution methods, and it keeps the option of future reforms on the table if new evidence warrants a change.

## Background

The petition, brought by Rishi Malhotra, challenged the current statutory method of execution by hanging under Section 354(5) CrPC. In prior arguments, Malhotra had cited international norms and argued for alternatives to reduce suffering. The government’s position has historically suggested that hanging is quick and simple, while debates have referenced other jurisdictions where different methods are used. In March 2023, the apex court signaled it could consider forming a committee of experts to evaluate whether hanging is proportionate and less painful, and to request better data from the Centre on the issue.

## Key Facts

- Case: Petition filed in 2017 by senior advocate Rishi Malhotra seeking abolition of hanging as the method of execution.

- Judicial bench: Justices Vikram Nath and Sandeep Mehta.

- Ruling date: August 18, 2026.

- Court stance: Dismissed the plea for abolition; left open the possibility of future constitutional scrutiny if new evidence emerges.

- Proposed alternatives cited in petitions: Intravenous lethal injection, shooting, electrocution, or gas chamber.

- Centre position referenced: In 2018, the government described hanging as quick and simple; in 2023, it discussed setting up an expert committee to review methods.

- Geographical context: New Delhi, India.

- Related international context mentioned by the petitioner: 49 of 50 US states have adopted lethal injections as an alternative (noted in the sources).

## What Happens Next

The court indicated that the Union Government could convene an expert body to examine whether any alternative method better serves the constitutional objective of reducing unnecessary pain while preserving the prisoner’s dignity. The decision preserves space for future evidence-based reconsideration, but no immediate change to the current mode of execution is mandated.

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Canonical: https://projectchintan.com/article/india-sc-dismisses-plea-abolish-hanging-v83us
Reported from: Multiple Sources