Rape & The Death Penalty

Advocate Vandana Shah decodes the new bill passed by Parliament which offers the death penalty as punishment for raping a girl below the age of 12.

- Vandana Shah

Rape is a heinous crime committed against a woman. It denudes her both literally and figuratively. While the reasons behind this crime vary - from immediate gratification of lust to power play the impact on the survivor is devastating. This is especially horrific in the case of children.

We, as a nation, and more so as women, experienced a guttural reaction of anger, horror and sympathy in the case of Asifa. Keeping this in mind, Parliament, on August 6, 2018, passed a landmark bill sentencing those convicted of raping children below the age of 12 to death.

THE LAW

Section 376 In The Indian Penal Code

1[376. Punishment for rape.—

(1) Whoever, except in the cases provided for by subsection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under 12 years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is appointed; or