Is it true that as per Indian law, one can't be hanged twice? Did such case ever happen in India?
Answers
Answer:
Oh yes. This caused a sensation in 1996 when Ramnakath Gogoi was ordered hanged by an Army Tribunal for ULFA activities. Gogoi slipped and the rope fell with Gogois neck but the neck was unbroken due to fall in the slippage and Gogoi hung from his chin for approximately 1 1/2 minutes before his rope was cut off. His family appealed that his sentence was carried out as Law clearly that a person was to be hanged by the neck until dead. Since the rope slipped the neck immediately, the Judge interpreted that Hanging by the Neck was complete and since the person did not die - he could not be hanged again. Since no other execution method is available in India- Gogoi was imprisoned for life. HC confirmed the verdict.
This was utilized in a hindi movie called ‘luck’ released in 2009 or 2010.
However in 2009 - under a PIL concerning Kasab - the SC made a clear ruling that Hanged by the Neck till death could be interpreted as Hanged by the neck any number of times until the person died. So today this would not be applica