9th August, 2003
Ministry of Law & Justice  


LAW COMMISSION ORGANISES SEMINAR ON "MODE OF EXECUTION OF DEATH SENTENCE"

GOVERNMENT TO TAKE A QUICK VIEW ON THE ISSUE AFTER GETTING THE RESULTS OF THE DEBATE – SHRI ARUN JAITLEY


The Minister of Law & Justice and Commerce & Industry, Shri Arun Jaitley, has said that there should be a national debate on the mode of execution of death sentence. He said that there was an opinion that the hanging process did not ensure instant death. He reiterated the need for a consensus on an acceptable civilised mode of execution of death sentence. The Law Minister assured that the Government would take a quick view on the issue after getting the results of the debate.

Shri Jaitley was inaugurating a seminar on the "Mode of Execution of Death Sentence" organised by the Law Commission of India here today. Complimenting the Law Commission on its initiative, the Minister said that the Law Commission had been providing objective advice on several issues which enabled the Government to effect changes in several laws so that the system did not become anachronistic.

Presiding over the seminar, Shri Justice M. Jagannadha Rao, Chairman, Law Commission of India, initiated the debate. He gave a historical background of various modes of execution of death sentence.

Shri N.M. Ghatate, Member, Law Commission, made a presentation on the issue and the result of the survey the Commission undertook. According to the survey, 89 per cent of respondents preferred amendment to the section 354 (5) of Cr. P.C., which provides for hanging. However, 51 per cent of those who preferred hanging as the mode of execution of death sentence preferred public hanging and the remaining 49 per cent in jail. Among those who considered death by hanging cruel, 73 per cent preferred lethal injection, 10 per cent electric chair, Five per cent shooting by firing squad and 12 per cent any other mode of execution. While 83 per cent of respondents wanted the accused to be given a right of appeal to the Supreme Court, 99 per cent wanted the decision on death sentence to be made by a five-judge bench of the Supreme Court.

 
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