New Delhi,  August 18, 2026

The Supreme Court has reaffirmed the constitutional validity of execution by hanging, rejecting a plea that sought to replace it with alternative methods considered less painful. While the existing method will continue for now, the Court has left room for a future review if compelling scientific or medical evidence emerges to support a different approach.

A bench of Justices Vikram Nath and Sandeep Mehta dismissed the petition seeking alternatives such as lethal injection, shooting, electrocution or a gas chamber for carrying out the death penalty. Filed by lawyer Rishi Malhotra, the PIL described hanging as painful, inhuman and cruel, and sought to challenge the constitutional validity of Section 354(5) of the CrPC. The plea also sought recognition of the right to a dignified death as a fundamental right under Article 21.

The petitioner argued that death following hanging can take nearly 40 minutes to be officially declared, whereas methods such as shooting or lethal injection may complete the process within around five minutes. Malhotra also referred to a United Nations resolution stating that where the death penalty is imposed, it should be carried out in a manner that causes the least possible suffering. However, the Supreme Court found no sufficient basis to refer three earlier judgments on the issue to a larger bench.

"Before parting, we clarify that the dismissal of the present writ petition must not be understood as foreclosing future constitutional scrutiny should compelling scientific, medical, or empirical evidence emerge demonstrating that the factual and scientific basis on which the decision in Dina proceeded has been materially displaced by subsequent developments," it said.

The Court also noted that the Central Government could constitute an expert committee to conduct a comprehensive examination of alternative methods of execution. During earlier hearings, the bench had expressed concern over the government's reluctance to reconsider the long-standing practice, while the Centre maintained that the issue involved a policy decision and said allowing convicts to choose between hanging and lethal injection was "not practically feasible". For now, hanging remains India's method of carrying out capital punishment, though the judgment makes clear that future developments in scientific and medical evidence could reopen the constitutional debate.