Black warrant: What Delhi Prison Rules say on executing death row convicts

Who can witness and other rules governing executions in India.

A trial court in Delhi gave orders on Tuesday to hang the four convicts in the Delhi gang-rape case on January 22, at 7 am. The decision came on a petition filed by the mother of the 23-year-old physiotherapy student was gang-raped in a moving bus in Delhi in December, 2012.

Representative photo

The parents of the victim have hailed the verdict which came after seven years.

But what are the rules to be followed in India before a condemned person is hanged? Different states have different laws, and since these prisoners are lodged in Tihar Jail, the Delhi Prison Rules, 2018 will govern the process.

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The four men - Akshay, Vinay, Pawan and Mukesh - were convicted of the crime by the Supreme Court which rejected their review petitions. There were six people who were convicted by the court, but one of them was a juvenile who appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Arrangement for execution

The Delhi Prison Rules empower the Superintendent to fix the time of execution sufficiently in advance. It also categorically mentions that the execution should take place early in the morning before it gets bright. The time in different seasons will be in accordance with orders passed separately by the government.

An engineer of the Public Works Department (PWD) has been tasked with inspection of the gallows every quarter and before the date of a hanging as and when intimated by the Superintendent. “The gallows shall be inspected and the rope tested in the presence of the Superintendent, the evening before the execution, he being personally responsible that these arrangements are properly made,” says the manual.

It also goes into great detail about the weight of the prisoner and the corresponding height from which he should be hanged. For example, the manual says that if a person weighs less than 45.360 kg, he should be given a drop 2.4440 metres.

Who will be present during execution?

The prison rules say that Superintendent, Deputy Superintendent, medical officer in-charge and resident medical officer should be present at all executions. The rules also require the presence of District Magistrate, and in his absence, the Additional District Magistrate. “If the prisoner so desires, a priest of his faith may be allowed, at the discretion of the Superintendent,” say the rules.

No other person, especially relatives of the prisoner, should be allowed to witness the execution, the prison rules categorically say, adding that the Superintendent can permit social scientists, psychologists etc for research purposes but only after prior approval from the government.

The rules also specify the number of officials to be present during an execution: 10 constables/warderers, two head constables/head warderers and an equal number from the Prison Armed Guards.

On the day of execution

The Superintendent should ensure on the morning of the execution that no communication is waiting for him regarding the execution. They will then visit the prisoner in his cell and get any document - his will etc - signed.

After this, the officials will tie the hands of the prisoner and take him to the gallows. “A cotton cap with flaps should be put on the prisoner’s face just before he enters the enclosure. The prisoner whould not be allowed to see the gallows,” says the manual.

The prisoner is then handed over to the executioner who ties his legs, adjusts the rope around his neck and draw the bolt at a signal from the Superintendent. “The body will remain suspended for half an hour before being taken down, or until the resident medical officer has certified that the life is extinct,” the rules say.