In Brief
A prisoner challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973, which prescribes death by hanging, arguing that it violates human dignity and causes unnecessary physical pain. The Supreme Court did not dismiss the petition, observing that while the death penalty itself was settled law, the mode of execution could be reconsidered. The Court noted that the Constitution is living and organic; with scientific progress, the legislature should consider painless alternatives to ensure dignity in death, as nothing compares to a painless death.
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