Ethics · 21 Aug 2026

Deena precedent hanging Article 21

With reference to the Supreme Court's recent ruling on the constitutional validity of execution by hanging, which one of the following statements is NOT correct?

AGian Kaur v. State of Punjab (1996) held that the right to life under Article 21 does not include the right to die with dignity
BDeena v. Union of India (1983) upheld the constitutional validity of hanging by the neck till death
CSection 393(5) of the Bharatiya Nagarik Suraksha Sanhita prescribes hanging as the mode of execution, a provision largely unchanged since 1861
DThe Supreme Court left open the possibility of future challenges to the Deena precedent if fundamentally new scientific evidence emerges
About this question

Why in news

The Supreme Court dismissed a PIL arguing hanging is scientifically unreliable and undignified under Article 21, holding that the petitioners' evidence did not displace the 1983 Deena precedent, while leaving room for future challenges.

Why for UPSC

This tests precise recall of what two landmark cases (Deena and Gian Kaur) actually held - a classic UPSC trap is inverting a precedent's holding, which candidates must catch through careful reading rather than topic familiarity alone.

Prelims summary

Deena v. Union of India (1983) upheld hanging's constitutional validity; Gian Kaur v. State of Punjab (1996) held Article 21 includes the right to die with dignity. The Court held that new scientific material did not meet the threshold to unsettle Deena, while leaving room for future evidence-based challenges.

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