25 July 2004 :

It was reported that an overwhelming number of judges who responded to the Indian Law Commission on ways to execute death penalty, favoured lethal injection as an additional mode. The Law Commission's 187th Report on "Mode of Execution of Death Sentence and Incidental Matters", which was tabled in Parliament recently, analysed the responses it received from judges of different High Courts and subordinate courts. About 80 per cent of the judges favoured an amendment to Section 354(5) of the Criminal Procedure Code, which provided hanging as a mode of execution.
"All of the 80 per cent judges who are in favour of amendment of Section 354(5) have suggested that administering lethal injection should be the other mode of execution of the death sentence," the report said.
However, five per cent of the judges had suggested that apart from the lethal injection, 'shooting' could also be prescribed as an alternative mode of execution, said the report presented to the Law Ministry by Commission Chairman Justice M J Rao.
"Only approximately 19 per cent of the judges are satisfied with the present mode of execution of death," the report, without giving the number of respondents, said.
The Commission had also sought the opinion of the judges that in case of an alternative mode of execution of death sentence, who should be given the discretion - the judge or the convict - to choose that particular mode.
"Forty-five per cent of the judges have opined that discretion should be given to the convict while 36 per cent of the judges are of the view that discretion should be given to the judge in choosing the mode of execution of death sentence," the report said.
The Law Commission had also examined the question whether the convict, facing the death sentence, should have right to appeal against the sentence, which had been confirmed by the High Court, before the Supreme Court.
"Ninety two per cent of the Judges have supported the view that there should be a statutory right to appeal to the Supreme Court in cases where death sentence has been confirmed by the High Court. Only one Judge of a subordinate court was not in favour of providing such right," the Commission said.