Menu Close

ANALYSIS OF CRIME OF RAPE AND ITS QUANTUM OF PUNISHMENT

By R S Samarth


TO READ, CLICK HERE

Abstract
Rape in different structures has been perceived as a heinous crime by practically all religions and societies all throughout history. It is a crime against humanity and a grave violation of Article 21 (Right to life). Common Law defines rape as “unlawful sexual intercourse committed by a man with a woman not his wife through force and against her will.” Laws against rape started to be in force after Indian Penal Code (IPC), 1860 came into effect. There have been frequent amendments and the meaning of sexual assault which has been as of late expanded to incorporate a wide scope of sexual crimes. Sexual offenses are perhaps the most serious issue that India faces in the 21st century. The State has been keen on expanding the privileges of women to guarantee their safety and security. The State has used the Criminal (Amendment) Act, 2013, to ensure that the definition of sexual assault, as well as several sections such as crime reporting, preliminary examination, and trial, are stricter, and that the penalties for offenders are more frightening. Courts use either the “Crime Test” or the “Rarest of the Rare Test” to determine sentence. Frequently, the severity of punishment varies for similar facts. It is critical to consider the following factors while assessing the severity of the punishment, the rights of the criminal, the rights of the victim of crime, and the call for justice from society should be taken into account when prosecuting criminals. Through this article, the author will examine whether capital punishment deters sexual crimes and analyse the morality of capital punishment and opine whether capital punishment is a practical choice for discouraging sexual offenses.
Keywords
Rape, Sexual Assault, Sexual Offences, Crime, Capital Punishment.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 68-75
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright© 2021- Lex Humanitariae: Journal for a Change