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Capital Punishment for rape

 Capital punishment for rape

The rarest of the rare principles represented by the Supreme Court of India in the case of Bachan Singh vs. State of Punjab in imposing capital penalty appears to have been used exclusively where the defendant is a low-income individual from a social class where illiteracy has only brought suffering. The fact that they are unable to fight their case because they are unable to engage a lawyer who has masterminded the provisions of Article 21 of the Indian Constitution to save his client is the reason for the Court's decision.

We cannot do injustice to so many people in order to do justice to one individual. Why should the rapist's innocent family suffer for an act for which he, the perpetrator, is solely responsible? Would capital punishment truly deliver justice?

The perpetrators of the horrible act have discovered an easier way to get away with the crime thanks to the concept of capital punishment. To murder the victim, toss her aside, and then flee, hoping that the crime would never be traced back to the perpetrator.

The most important point to examine here is whether the circumstances of the crime are such that there is no other option except to condemn someone to death.

The Hindu dharma speaks of nark for evildoers, the Muslim of jhanum, and Christianity of hell for evildoers, but all religions, without exception, speak of reformation. Allowing the perpetrator to recompense the victim would go a long way toward rehabilitating the individual. Furthermore, social resistance against such activities might be beneficial in the long term.

The terrible issue is that even the law's definition of rape is incredibly narrow and restrictive. The terrible issue is that even the law's definition of rape is incredibly narrow and restrictive. Sexual intercourse is defined as rape under Section 375 of the Indian Penal Code, 1860, where penetration alone is sufficient to create the sexual intercourse that constitutes rape. The fact that rape is a far broader phrase and should be given a lot broader interpretation has received little attention. Though a broader interpretation may be challenging, if we wish to entirely eliminate the problem of outraging a woman's modesty, a solution must be discovered.

The plaintiff will have an easier time proving her case thanks to the definition. The notion carries a massive degree of social shame in the given society. Even if rape is not committed in the technical meaning of Section 375 of the IPC, the victim suffers an equivalent amount of injury if the victim believes he or she has been raped. If we follow the stringent meaning of Section 375 of the IPC, it may not always be feasible to show beyond a reasonable doubt that a rape has occurred.


According to an empirical research, persons who were sentenced to death in India were either impoverished or from a minority group, or both. Nonetheless, we are not attempting to take sides; rather, we are attempting to state that if justice is to be served, it must be both fair and reasonable. Justice should be applied equally to everybody.

It requires a comprehensive reassessment as a sociological and legal matter. Also, if torture is judged to be the best course of action for the rapist, why can't this pain be constructive? For example, the guilty might be forced to pay the victim or her family with his earnings or community service. Rape is one of the most horrific crimes against humanity, hence the penalty should be severe. As a result, others are afraid of the crime.
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