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Punishment in Rape Cases

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 26-Aug-2024

Source: The Hindu 

Introduction 

The gang rape of a paramedic student in Delhi on 16th January 2012 resulted in a lot of hue and cry. This resulted in the setting up of Justice JS Verma Committee in order to make recommendations on offence of rape, sexual harassment etc. 

  • These recommendations resulted in Criminal Amendments in the year 2013.  

What is Justice JS Verma Committee Report? 

  • A three-member committee headed by Justice JS Verma (former Chief Justice of Supreme Court) was constituted on 23rd December 2012. 
  • The other members of the committee were Justice Leila Seth and Gopal Subramaniam. 
  • The Report of the Committee was submitted on 23rd January 2013 which made recommendations on laws relating to rape, sexual harassment, child sexual abuse etc.  

What were the Recommendations of Justice JS Verma Committee on Offence of Rape? 

  • The Committee recommended that the seeking of death penalty would be a regressive step in the field of sentencing and reformation. 
  • The report acknowledged that the offence of rape is that of extreme moral depravity but the same does not warrant death punishment to the accused. 
  • With respect to marital rape the committee recommended that the exception for marital rape should be removed. 
  • On marital rape the following was laid down in the Report: 
    • A marital or other relation is not a valid defense against the crimes of rape. 
    • The relationship between the parties is not relevant in an inquiry of rape. 
  • It is to be noted that the Union Cabinet did not take into account the recommendations made on death penalty by the committee while amending the Indian Penal Code, 1860 (IPC) in 2013.

What is the Punishment for the offence of Rape under IPC? 

  • Provisions that provide for death penalty.
Provision Description
Section 376A4 Punishment for causing death or resulting in persistent vegetative state of victim 
Section 376 DB Punishment for gang rape on a woman less than 12 years  
Section 376E Punishment for repeat offenders
  • Other penalties in offence of rape.
Provision Description Punishment
Section 376 (1) Punishment for offence of Rape Rigorous imprisonment of not less than 10 years but which may extend to life imprisonment and fine
Section 376 (3) Punishment for rape on a woman less than 16 years  Rigorous imprisonment of not less than 20 years but which may extend to life imprisonment and fine
Section 376D Punishment for Gang Rape  Rigorous Imprisonment of not less than 20 years but which may extend to life imprisonment and fine
Section 376DA Punishment for Gang Rape on a woman less than 16 years of age Life Imprisonment and fine 

What is the Punishment for Rape under Bharatiya Nyaya Sanhita, 2023 (BNS)? 

Provision Description Punishment
Section 64 Punishment for Rape Rigorous Imprisonment of not less than 10 years but which may extend to Life Imprisonment and fine 
Section 65 (1) Punishment for rape on a woman less than 16 years Rigorous Imprisonment of not less than 20 years which may extend to Life Imprisonment and fine 
Section 65 (2) Punishment for rape on a woman less than 12 years Rigorous Imprisonment of not less than 20 years which may extend to Life Imprisonment and fine or death.
Section 66  Punishment for causing death or resulting in persistent vegetative state  Rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life or death. 
Section 70 (1)  Punishment for Gang Rape  Rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life and fine 
Section 70 (2) Punishment for Gang Rape on a woman less than 18 years of age  Imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death. 
Section 71  Punishment for repeat offenders Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Conclusion

Rape is a heinous offence committed not only against the person’s body but also against a person’s mind. The recent incidents of rape have reignited the debate regarding the appropriate punishment for the offence of rape. It is noteworthy that despite the stringent provisions regarding rape already in place the incidents are still on the rise.