Explained: What is Section 854, which is leading to the delay in hanging Nirbhaya’s killers

New Delhi, Jan 30: The four convicts in the Nirbhaya are using a loophole in the law to tactically delay their hanging.

There is a provision in the Delhi Prison Rules that says that in case of multiple death row convicts in the same case, the hanging cannot take place unless each of them has exhausted all legal options. Let us examine that provision:

Section 854:

Section 854 of the revised Delhi Prison Rules says that in case of multiple death row convicts in the same crime, none of them can be hanged until the last one has exhausted all legal options.

These legal options include review petitions, curative petitions and also a mercy plea before the President of India. Even if the President rejects a mercy petition, the same can be challenged before the Supreme Court.

Home Ministry recommendations:

The Union Home Ministry had recently petitioned the Supreme Court to fix deadlines in cases of death sentences. It had said in its plea that a seven-day deadline should be fixed for executions of the death penalty after the black warrant is issued. However, any decision that the Supreme Court would take on this plea, it would not have a retrospective effect in the Nirbhaya case.

The case so far:

On Wednesday, the Supreme Court dismissed the curative plea filed by Mukesh Singh. He had challenged the rejection of his mercy petition by the President. With the SC rejecting the curative plea, Singh has run out of all legal options.

On Wednesday evening, another convict Vinay filed a mercy petition with the president.

The same was filed directly in the President's secretariat. Today the SC would hear the curative plea filed by another co-convict Akshay. If the same is rejected, then he has the option of filing a mercy petition before the President and then challenges the same in the form of a curative plea before the Supreme Court.

The fourth convict Pawan is yet to file a curative plea. Under Section 854 of the revised Delhi Prison Rules, none can be hanged till the last one has exhausted all options in case of multiple death row convicts, held guilty for the same crime.

Further, even if the President rejects the mercy plea, two weeks time has to be given to the convict before the execution.