Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Friday, 30 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-10-06 disposed

Rishi Malhotra vs Union of India

Bench: 3 — <UNKNOWN>

In Brief

A petitioner challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973, which mandates death by hanging for capital sentences. He argued that this method violates the right to die with dignity under Article 21 of the Constitution, as hanging causes intense physical pain and mental suffering. The Court acknowledged that while the provision was previously upheld, it may be reconsidered in light of evolving scientific knowledge and social values. The Court observed that the legislature could explore alternative, painless methods of execution to preserve human dignity even at the moment of death.

The lawyer headnote and full judgment text are available to registered users.

Constitutional Law Death Penalty Human Dignity Criminal Procedure

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login