Professional Documents
Culture Documents
Rape:
Rape is a type of sexual assault which usually involves sexual intercourse or other type of sexual penetration,
committed by perpetrator against consent of victim. Until 2012, it was considered as a crime only committed
by males against females. But in 2012 the de nition of rape was changed and now it recognizes victim of every
gender. The main ingredient of rape is consent: There must be lack of consent.
History:
In ancient time, Rape was considered as a weapon of war. Women were raped by soldiers during war in a
country. Women belonging to ethnic groups were impregnated through rape by enemy soldiers and were
sometimes raped HIV-infected men. In 1993, military sexual slavery and systematic rape were declared crimes
against women by UN.
Rape in India:
In India, Rape is undoubtedly a heinous crime and an issue of great concern. According to National Crime
Records Bureau 2013 report, Rape is fourth most common crime against women in India. Madhya Pradesh
has highest raw number of rape reports among Indian states, while Jodhpur has highest per capita rape
report which followed by Delhi.
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 1/11
6/29/2019 Capital Punishment For Rape
Sixthly- With or without her consent, when she is under eighteen years of age.
Seventhly- When she is unable to communicate consent.
Explanation 1- For the purpose of this section, vagina shall also include labia majora.
Explanation2- Consent means an unequivocal voluntary agreement when the woman by words, gestures or
any form of verbal or non-verbal communication, communicates willingness to participate in the speci c
sexual act,
Provided that a woman who does not physically resist to act of penetration shall not by the reason only of the
fact, be regarded as consenting to sexual activity.
In 2013, after Delhi Gang Rape case many laws have been amended, age of consent is also increased from 16
to 18. Even the de nition of rape is expanded, now according to this section penetration means penetration to
any extent. A fast-track court system is also implemented by government for rape cases.
In April, 2018, it allows Capital Punishment for anyone convicted of raping children under the age of 12.
Capital Punishment:
When we listen the word Capital Punishment, the question that comes in our mind is what is Capital
Punishment and why it is needed?
Capital Punishment, also known as Death Penalty, is a legal process where a person is put to death by the
state as a punishment of crime. It is only applied in “rarest of rare” cases i.e. where crime is of such nature
that it can’t be vitiated without penalty of death. It is di erent from other punishments because of its
irreversible nature. A man once executed for a crime can never be brought back to life. It is currently practiced
in 58 countries.
In India, validity of Capital Punishment has been questioned several times.
There is a con ict among judges regarding practice of Death Penalty, as it is violative of reformative theory,
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 2/11
6/29/2019 Capital Punishment For Rape
which is a base of punishments given in India. According to some judges, it violates Article 19, 20, 21 of
Constitution of India. But it is valid as in o ences like- Waging or attempt of waging war against government of
India, Murder, Dacoity with Murder, Abetment of Mutant, Criminal conspiracy, it is important to give death as
a penalty.
Nirbhaya Gang Rape case, also known as Delhi Gang Rape case is the famous case of Capital Punishment. The
outpouring anger and grief of people following the rape and murder gave rise to hopes for change in India. In
this case, Supreme Court said that brutality with which the o ence is committed can’t be ignored and there is
no chance of reformation, so accused should be hanged to death. Government of India passed an ordinance
which provides death penalty in cases of rape that lead to death or leaves victim in “persistent vegetative
state”. It is still a debatory issue that Capital Punishment should be granted or not to accused in case of rape.
My Opinion:
However, In April, 2018, Capital Punishment is allowed for anyone convicted of raping children under the age
of 12. But what about rape of a woman above 12 years, Rape is Rape. There is no di erence between
committing Rape of a girl below 12 years or above 12 years, then why such a huge di erence is there in the
punishment. Why death is penalty only for rapist of children below12 years of age. This new law may protect
children below 12 years, because rapist will think several times before raping a child below 12, as there will be
fear of death among such people, but what about girls who are above 12. Committing Rape, not only injures a
girl physically, but also injures her mentally. It spoils the whole life of a girl.
While committing this heinous crime, accused is in his sense. There is always presence of mental element to
make physical relationship with a girl even without her consent. Granting imprisonment for several years can’t
change the mindset of the accused person.
According to me, a rapist is not safe for the society and hence should be given death penalty i.e. Capital
Punishment, so that there could be an example in front of society and the cases of rape can be reduced. In
rape cases, age of the victim should be considered immaterial for granting death penalty to the rapist. Even
the age of rapist should not be considered for granting death penalty, as we see in Nirbhaya Gang Rape case,
the fourth rapist who was a minor, was not treated like other rapists of the same case even when it was
proved that he was more brutal towards victim and his act caused death of the victim. Just because he was
minor he was not given death penalty. According to me even he should be hanged till Death.
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 3/11
6/29/2019 Capital Punishment For Rape
(article-782-surrogacy-in-india.html)
Surrogacy In India
(article-782-surrogacy-in-india.html)
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 4/11
6/29/2019 Capital Punishment For Rape
(article-780-sc-acquitted-few-men-convicted-of-arson-violence-in-1984-anti-sikh-riots-case.html)
(article-779-how-religion-is-a ecting-the-law-making-by-judges.html)
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 5/11
6/29/2019 Capital Punishment For Rape
(article-778-case-analysis-all-india-tyre-dealers-federation-vs-tyre-manufacturers.html)
(article-777-the-evil-of-female-foeticide-in-india-causes-consequences-and-prevention.html)
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 6/11
6/29/2019 Capital Punishment For Rape
(article-775-posh-prevention-of-sexual-harassment-policy-for-companies-.html)
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 7/11
6/29/2019 Capital Punishment For Rape
LawArticles
The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo...
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 8/11
6/29/2019 Capital Punishment For Rape
269st-of-income-tax-act-1961.html)
In this article we will understand why section 269 ST is introduced and what is the need of invo...
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 9/11
6/29/2019 Capital Punishment For Rape
r-criminal-proceedings-under-section-482-of-crpc.html)
Black's law dictionary de nes quash as to overthrow / to abate / to vacate / to annul / to mak...
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 10/11
6/29/2019 Capital Punishment For Rape
www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html 11/11