cpc

manner of death penalty

advocate

SECTION 354(5) CR.P.C. mandates that when a convicted person is sentenced to death, he be hanged by the neck till he is dead.

In addition there are the old and technical prison manuals which laid down the mode of execution of a sentence of a person condemned to death. The prison manual requires that a manila rope, one inch in diameter shall be used for executions.  The scale of drop of the body been proportioned to the weight of the culprit ranging from 5 feet to 7 feet, depending upon the discretion of the jail superintendent.  It has further been laid down that the hands of the convict would be pinioned behind his back; his legs would be strapped tightly and his head covered with a cap and his body to remain suspended for half an hour.

Is it not important that even a person convicted of a heinous crime should be given a dignified manner of death and dignified burial.  Is the hanging of a person in today’s modern time not barbaric and an obsolete method of execution.  In the United Kingdom from where we have borrowed most of our judicial precepts, the mode of execution by hanging has been done away with since it was found to be obsolete and barbaric.

 

 
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Advocate

As a member of Amnesty International India, not the manner of execution, but I am totally against death penalty in the Country. I just dont understand, why political party in India never take up such issue in their election manifesto for abolition of death sentence, abortion, environment etc. I find them only mud slinging against one another which has got no benefit to the people of India.

 
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Lawyer

This issue has been debated in length but nothing has come out. Every other method of execution has some objection attached to it.  Putting a man to sleep with a lethal injection is the best so far.  

 
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i agree with mr. thukral

 
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advocate

 even iin my opinion lethal injunction is a best way.mr. assumi wat according to you should be the punishment for criminals who have committed heinous crimes and are not responding to the reformative theory also................what shall law do with such anti-social criminals.......apart from death punishment..............please give your views.

 
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Lawyer

Reformative theory - You shall make a hardened criminal laugh. Look at the criminals  who are killing innocent girls, little babies after raping them . Can reformative theory  be applicable to them ?  

 
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Reformatory theory is not applicable to them.  But, the criminals who do heinous crimes and barbaric crimes are insane and mentally not sound.  In some cases, even genetic factors and social factors are also playing their role.  They should be treated with medicines and psychologically and if they are not curable they should be isolated and kept in jail  till their natural death.  Capital punishment is not suggestable in any circumstances.  While I am writing this, I keep in mind of the horrible crime of "Nithari episode" and even then I cannot support capital punishment.

 
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in many cases  life punishment is more painful than death ?

 
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What you sow is what you reap ...

 
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