The history of capital punishment in Sri Lanka extends over several centuries and reflects the country’s political, legal, and social transformations. Methods of execution have changed over time, as have public attitudes toward the death penalty itself.
During the period of Dutch rule, capital punishment was often carried out through exceptionally harsh methods. Historical records indicate that in 1681 a convicted individual was executed by being trampled to death by an elephant.
Following the arrival of the British, significant changes were introduced to the legal system. Colonial authorities prohibited methods regarded as cruel and inhumane, and Governor Frederick North introduced execution by hanging as the official method of carrying out capital punishment.
Executions were frequently conducted in public spaces and military forts as a means of deterring crime and reinforcing the authority of the colonial administration. As the legal system expanded, permanent gallows were established within prisons, including those at Welikada Prison in Colombo in 1871 and later at Bogambara Prison in Kandy.
Abolition and reinstatement
Following independence in 1948, Sri Lanka entered a new political era that brought renewed debate over the use of capital punishment.
The death penalty was abolished during the administration of Prime Minister S.W.R.D. Bandaranaike, who assumed office in 1956. However, the assassination of Bandaranaike by the Buddhist monk Somarama Thero on September 25, 1959, dramatically altered the political landscape.
After Prime Minister Wijayananda Dahanayake succeeded Bandaranaike, Parliament passed legislation reinstating the death penalty in November 1959. Somarama Thero was subsequently executed on July 6, 1962.
The last judicial execution in Sri Lanka took place on June 23, 1976, when J. M. Chandra Dasa was executed at Welikada Prison. Although courts have continued to impose death sentences since then, no executions have been carried out.
Why executions no longer take place
The principal reason for the suspension of executions lies in constitutional and administrative procedures established after the introduction of the 1978 Constitution.
Under Sri Lankan law, the implementation of a death sentence requires presidential authorization. While courts retain the authority to impose capital punishment, the execution of the sentence cannot proceed without the approval of the President.
Successive presidents have declined to authorize executions, effectively creating an unofficial moratorium on the death penalty despite its continued existence in the country’s legal system.
According to the law, prisoners sentenced to death remain in the custody of prison authorities until a final decision is made regarding their sentences.
Human rights concerns and public debate
The issue of capital punishment continues to generate significant debate within Sri Lankan society.
Human rights organizations, including the Human Rights Commission of Sri Lanka, have repeatedly called for the complete abolition of the death penalty. Religious leaders, including many Buddhist monks, have also expressed opposition, arguing that capital punishment conflicts with principles of compassion and rehabilitation.
At present, hundreds of prisoners remain on death row, awaiting either the implementation of their sentences or a decision regarding clemency.
Presidential pardons and sentence commutations
The President possesses the constitutional authority to grant pardons and reduce sentences in appropriate cases. This power is generally exercised after all judicial proceedings and appeals have been completed.
In many cases, death sentences are commuted to terms of life imprisonment. Factors such as the prisoner’s conduct, the length of time already served, humanitarian considerations, and recommendations from prison authorities may all be taken into account during the review process.
Before a decision is reached, the President may seek the opinions of the Ministry of Justice, legal authorities, and judges connected to the case.
Although the death penalty remains part of Sri Lankan law, the absence of executions for nearly half a century has left the country in a unique position—retaining capital punishment in principle while refraining from carrying it out in practice.
P. Ariyanethiran
