Abstract : The author in this Chapter attempts to establish the various perspectives and considerations concerning awarding of death penalty. The study also attempts to depict the grey area i.e., the cases in which death sentence may be awarded. For it is often said and observed that ‘it is not the gravity of punishment which may prevent the commission of crime but the consistency & it’s implementation’. The idea brings us to the perspective that making the punishment harsher & harshest may not be the key to the menace of rape & sexual offences, but the fear of being convicted & punished by the court of law may be more impactful if implemented. But in a country like India, where justice is not merely in the hands of court of law but also depends on the talent & quality of the officers of court i.e., the advocates, it is very difficult to catch hold an offender who is rich or a person in power. In such a case, rewarding of ‘death penalty’ as a punishment for rape would not just be wrong principally but will also pose many more dangers to the lives of innocent, whereby on the contrary the real offender may stay loose. Moreover, going by the theory of reformative and rehabilitative justice which we follow in India, the purpose of law is not to kill or finish the criminal but the crime. It is in this direction that we will discuss the issue of death penalty in the cases of penetrative sexual assault.
Keywords : DEATH PENALTY, RAPE.
Cite : Verma, S. (2022). Death Penalty In Rape Cases In India (1st ed., p. 94). Noble Science Press. https://doi.org/10.52458/9789391842680.nsp2022.eb.asu.ch11
