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Hanging Challenge Rejected: Method of Execution and the Deena Test | CLAT Explainer

VIDEO EXPLAINER | 6 NOVEMBER 2026

What happened

As per the video, the question before the Supreme Court was not about the death penalty itself but about the method of execution. On 18 August 2026 the Court rejected the challenge to hanging. The status below is as of 5 Nov 2026, as per the video.

The case is Rishi Malhotra versus Union of India, and the petition was filed in 2017. The judgment was being delivered by Justice Nath and Justice Sandeep Mehta.

The petitioners wanted lethal injection instead of hanging. They did not ask for the death penalty to be abolished. Their request was only that the method be changed.

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The provision challenged

The challenge was to section 354 of the CrPC, which is now section 393 of the BNSS. The provision says that the convict is to be hanged until death.

The petitioners argued that dignity remains even in death, and so the benefit of Article 21 should be available to them.

What the Court and the Centre said

The Court said that no credible material of a botched execution in India had been placed before it.

The Centre’s position was that Article 21 does not demand the best method. It demands only a proper method, one that is not cruel and degrading.

Following the principle of stare decisis, the Court followed its earlier Deena judgment. In Deena, a bench of 3 judges had said that a sentence must not be executed in a cruel, barbarous or degrading manner. By this Deena test, hanging is treated as a constitutionally acceptable method.

The video also notes that at the end of 2025, 574 prisoners were on death row in India.

The wider background

The video places the case within a chain of judgments. In 1980, the Bachan Singh judgment upheld the death penalty, and the concept of the rarest of rare case comes from there.

In 1996, the Gian Kaur judgment said that Article 21 does not include the right to die.

In 2018, the Common Cause judgment treated the right to die with dignity as a fundamental right, and it also gave legal recognition to passive euthanasia and the living will.

So the line of thought is clear. Dignity matters under Article 21, but as per the video the method of hanging still passes the Deena test.

Constitutional / Legal / Institutional framework

  • Article 21: the petitioners relied on dignity even in death; the Centre said it demands only a method that is not cruel and degrading.
  • CrPC section 354 / BNSS section 393: the provision on hanging that was challenged.
  • Deena: a 3-judge bench held that a sentence must not be executed in a cruel, barbarous or degrading manner; followed under stare decisis.
  • Bachan Singh (1980) upheld the death penalty and gave the rarest of rare concept; Gian Kaur (1996) and Common Cause (2018) deal with the right to die.

CLAT angle

  • Distinguish the two questions: death penalty (settled by Bachan Singh, 1980) and method of execution (this case).
  • Case name and date: Rishi Malhotra versus Union of India; the challenge to hanging was rejected on 18 August 2026.
  • Deena is the test: a sentence must not be executed in a cruel, barbarous or degrading manner. The Court followed it under stare decisis.
  • Chain of cases: Bachan Singh 1980, Gian Kaur 1996, Common Cause 2018. Keep each year with its holding.
  • Statistic: 574 prisoners on death row at the end of 2025, as per the video.

Key facts

Fact Detail
18 August 2026 Supreme Court rejects the challenge to hanging
Case Rishi Malhotra versus Union of India; petition filed in 2017
Provision CrPC section 354, now BNSS section 393
Petitioners’ ask Lethal injection instead of hanging; not abolition of the death penalty
Precedent followed Deena, a 3-judge bench; stare decisis
End of 2025 574 prisoners on death row
1980 Bachan Singh upholds the death penalty; rarest of rare
1996 Gian Kaur: Article 21 does not include the right to die
2018 Common Cause: right to die with dignity; passive euthanasia and living will recognised

Mnemonic / memory hook

Remember: Method, not Penalty; Deena decides.

The question was how, not whether. Hanging was challenged; Deena says no cruel, barbarous or degrading manner; Bachan Singh 1980, Gian Kaur 1996, Common Cause 2018.

Why this matters for exams

This topic is a good example of how courts separate two questions. The question here was the method of execution, and not whether the death penalty should exist. Read an exam question carefully to see which of the two it is asking.

The second skill is linking precedents with their years. Bachan Singh is 1980, Gian Kaur is 1996 and Common Cause is 2018. Pair every case with its single holding and you can answer both year-based and holding-based questions.

Third, remember the test used by the Court. It followed Deena under stare decisis, and Deena says that a sentence must not be carried out in a cruel, barbarous or degrading manner.

Finally, keep the numbers straight: 18 August 2026 for the decision, 2017 for the petition, and 574 prisoners on death row at the end of 2025.

Source

This article summarises the video explainer and uses only what the video states. Status is as of 5 Nov 2026; check official court records for later changes.

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These notes (as a PDF lesson) and the 10-question CBT are in the app under Current Affairs → 6 Nov 2026. Get the app on Google Play or open app.clatgurukul.com.

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

As per the video, on which date did the Supreme Court reject the challenge to hanging?
18 August 2026. As per the video, the Supreme Court rejected the challenge to hanging on 18 August 2026.
What did the petitioners want instead of hanging?
Lethal injection. As per the video, the petitioners wanted death by lethal injection. They did not ask for the death penalty to be abolished.
The case discussed in the video is named:
Rishi Malhotra versus Union of India. As per the video, the case is Rishi Malhotra versus Union of India, and the petition was filed in 2017.
The challenged CrPC section 354 is now which section of the BNSS?
Section 393. As per the video, CrPC section 354 is now section 393 of the BNSS.
Which earlier judgment did the Court follow under the principle of stare decisis?
Deena. As per the video, the Court followed the Deena judgment in which a 3-judge bench spoke about cruel, barbarous and degrading execution.
As per the video, how many prisoners were on death row in India at the end of 2025?
574. The video states that at the end of 2025 there were 574 prisoners on death row in India.
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