Why is the death penalty is not imposed on rapists and imposed on gang rapists in India?

Community Forums Legal Advice India Why is the death penalty is not imposed on rapists and imposed on gang rapists in India?

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    • #60448 Reply
      User_86ecd841
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        User_86ecd841
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        February 4, 2025 at 4:09 am
        Why is it in India that rapists do not get death penalty but only gang rapists get it. When an individual commits rape, it is not considered a heinous crime but when it is a gang rape, then it is considered so?

      • #60463 Reply
        Quickvishal2267
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          Quickvishal2267
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          February 4, 2025 at 4:14 am
          In my opinion which is a really controversial one, when these gangrapes and gruesome murders related to rapes started popping up then only people cared. No one actually cares just about rape and they dismiss it really quickly. So instead of relying on a broken system and a broken society, we need to prepare ourselves for the worst.

        • #60462 Reply
          User_5016d77f
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            User_5016d77f
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            February 4, 2025 at 4:28 am
            As bad as rape is, its not the worst thing that can happen. If rape and murder had the same punishment, it would incentivize the rapist to murder the victim to cover up the rape.

            Objectivity speaking, the victim and the family would be better of if the victim is alive even after going through such a horrible thing.

            • #60472 Reply
              User_44aeded4
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                User_44aeded4
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                February 4, 2025 at 5:45 am
                Does India differentiate between ‘Crime of passion’ and ‘premedirated crime?

                • #60480 Reply
                  Cleverbro4525
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                    Cleverbro4525
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                    February 4, 2025 at 6:14 am
                    Yes. Infact it’s a defence

                    • #60482 Reply
                      Desisonu9131
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                        Desisonu9131
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                        February 4, 2025 at 8:36 am
                        Can you please elaborate in this?

                        • #60484 Reply
                          User_44aeded4
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                            User_44aeded4
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                            February 4, 2025 at 1:45 pm
                            Premeditated murder carries a bigger sentence because you planned the murder.

                            Crime of passion is when you catch a guy having sex with your wife and you shoot him in the head. That’s not premeditated so it’s crime of passion, it’s instinctual.

                            In the US at least, crime of passion tends to bring you manslaughter charge. Manslaughter sentence is lower than murder.

                            • #60486 Reply
                              Desisonu9131
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                                Desisonu9131
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                                February 4, 2025 at 1:47 pm
                                Okay got it. In the context of Indian laws its called grave and sudden provocation.
                                Thanks!

                            • #60483 Reply
                              Cleverbro4525
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                                Cleverbro4525
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                                February 4, 2025 at 2:46 pm
                                You get life imprisonment to death penalty for premeditated murder while it is 7 to 10 years in jail if it is Crime of Passion

                                • #60485 Reply
                                  User_44aeded4
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                                    User_44aeded4
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                                    February 4, 2025 at 3:38 pm
                                    Indians are so passionate, I would think 90% cases are crimes of passion.

                                    • #60487 Reply
                                      Cleverbro4525
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                                        Cleverbro4525
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                                        February 4, 2025 at 4:26 pm
                                        Legally Crime of Passion needs to be instantaneous. Husband sees wife with a stranger and immediately attacks them with an iron rode that was nearby and kills them. There is no planning or thoughts to kill or hurt them. It is instinctive and emotional

                                        In India, most cases that are shown as crime of passion are premeditated. Husband or lover knows his partner is cheating with such person and thinks about it for hours or days , then makes up plan to kill them and then commit suicide or surrender to police or escape

                                        A famous case is about Navy officer who confronted his wife’s lover. It was made into Hindi movie Rustom starring Akshay Kumar

                                        The lover called his wife a whore so he went back to his home , got his gun , returned to wife’s lover and killed him. The whole process of going to his house and getting gun took one hour. His adv tried crime of passion defence but court ruled that ,the fact he went to get gun from home shows there was planning involved and thus is premeditated.

                                        • #60488 Reply
                                          User_44aeded4
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                                            User_44aeded4
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                                            February 5, 2025 at 9:55 am
                                            Interesting. Thank you for sharing.

                              • #60471 Reply
                                User_6c398219
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                                  User_6c398219
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                                  February 4, 2025 at 6:04 am
                                  And what is the worse thing that can happen? Just curious.

                                  Also wanted to know your gender if you donโ€™t mind.

                                  • #60479 Reply
                                    Superlakshay1059
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                                      Superlakshay1059
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                                      February 4, 2025 at 7:04 am
                                      He mentioned murder.

                                    • #60478 Reply
                                      User_f8f8c30a
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                                        User_f8f8c30a
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                                        February 4, 2025 at 1:22 pm
                                        Click on his profile

                                    • #60470 Reply
                                      User_f8f8c30a
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                                        User_f8f8c30a
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                                        February 4, 2025 at 1:09 pm
                                        No way you are serious

                                      • #60469 Reply
                                        User_ad1d6c15
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                                          User_ad1d6c15
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                                          February 4, 2025 at 1:52 pm
                                          Plus, most rapes are committed by people known to the victim, including family members (including close first-degree relatives). If the death penalty is a certainty for convicted rapists, there would be more pressure on the victims to not report the crime, or withdraw the allegations later.

                                      • #60461 Reply
                                        Cleverbro4525
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                                          Cleverbro4525
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                                          February 4, 2025 at 4:43 am
                                          Why is rape worse than murder. Willful planned murder usually only get life sentence. Is rape worse than Murder?

                                          Unless the rape leads to death or victim being in comma, I don’t see the point of giving Death penalty

                                          Punishment of rape should be done taking into account of circumstances, the force used, the relationship between victim and rapists

                                        • #60460 Reply
                                          Indianhero7294
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                                            Indianhero7294
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                                            February 4, 2025 at 5:09 am
                                            Its imposed in rarest of the rare case and not in every rape case ..

                                            • #60468 Reply
                                              User_86ecd841
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                                                User_86ecd841
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                                                February 5, 2025 at 4:36 am
                                                I didn’t even ask that

                                                • #60477 Reply
                                                  Indianhero7294
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                                                    Indianhero7294
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                                                    February 5, 2025 at 4:57 am
                                                    Even rape can be considered heinous crime depending on the facts ..thats for courts to determine

                                              • #60459 Reply
                                                Brightom7319
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                                                  Brightom7319
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                                                  February 4, 2025 at 5:46 am
                                                  Because the term rape is too vague to have a blanket punishment.. also in many cases , there is no physical evidence and it’s all circumstantial..ย  plus many fake cases..

                                                  Even in gang rape , not everytime they get death penalty but only in rarest of rare casesย 

                                                  • #60467 Reply
                                                    User_6c398219
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                                                      User_6c398219
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                                                      February 4, 2025 at 6:06 am
                                                      If there is no physical evidence and itโ€™s circumstantial then why even jail time? Let the poor bhechara man go.

                                                      The question was if it is proved then why not death penalty.

                                                      • #60476 Reply
                                                        Brightom7319
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                                                          Brightom7319
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                                                          February 4, 2025 at 6:48 am
                                                          How can you expect physical evidence if the victim reported after a week due to shameย 

                                                        • #60475 Reply
                                                          User_e7fdd881
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                                                            User_e7fdd881
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                                                            February 4, 2025 at 9:44 am
                                                            Why did u assume only woman get raped

                                                      • #60458 Reply
                                                        Alpharajesh8746
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                                                          Alpharajesh8746
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                                                          February 4, 2025 at 6:15 am
                                                          Death penalty is not imposed for just heinous crimes in India. Itโ€™s supposed to be imposed for โ€œrarest of rareโ€ cases.

                                                        • #60457 Reply
                                                          User_73de8187
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                                                            User_73de8187
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                                                            February 4, 2025 at 6:36 am
                                                            9.6% of the rape case and
                                                            15% of attempt to rape case are false.

                                                            According the NCRB 2022 data

                                                            • #60466 Reply
                                                              User_73de8187
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                                                                User_73de8187
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                                                                February 4, 2025 at 6:38 am
                                                                It will encourage more women to file rape cases to settle their personal vendetta.

                                                                You have to realize no gender is Saint.

                                                                Also law doesn’t recognise rape of a man.

                                                            • #60456 Reply
                                                              Vanifox76
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                                                                Vanifox76
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                                                                February 4, 2025 at 8:47 am
                                                                Do you want all fake/false rape accused to be hanged provided they were unable to prove their innocence. Do you think it’s fair ?

                                                                • #60465 Reply
                                                                  Bhumikahawk733
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                                                                    Bhumikahawk733
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                                                                    February 4, 2025 at 9:59 am
                                                                    U do realise that percentage of fake cases range very low than the actual rape and harassment that goes on in this country

                                                                    • #60474 Reply
                                                                      Vanifox76
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                                                                        Vanifox76
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                                                                        February 4, 2025 at 10:09 am
                                                                        Did I say otherwise, what kind of sick uneducated person are you ? You couldn’t comprehend my simple statement, and you came here to spin off things.

                                                                        Typical narcissistic indoctinated behaviour.

                                                                        If i have to do what you did then answer my question

                                                                        Are you happy to hang 7% of innocent men accused of false rape, because those men life dosent matter ?

                                                                        • #60481 Reply
                                                                          Bhumikahawk733
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                                                                            Bhumikahawk733
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                                                                            February 4, 2025 at 5:11 pm
                                                                            True

                                                                      • #60464 Reply
                                                                        User_bdf5fbf3
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                                                                          User_bdf5fbf3
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                                                                          February 4, 2025 at 12:13 pm
                                                                          False and Fake are two different terminologies, with drastic differences in law, so don’t put them as “Fake/False” It’s weird to see, how even a news handle is using these terms wrongly.

                                                                          • #60473 Reply
                                                                            Urbanharshal6640
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                                                                              Urbanharshal6640
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                                                                              February 4, 2025 at 12:34 pm
                                                                              Why are they treated differently in law?

                                                                        • #60455 Reply
                                                                          Cleverowl3534
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                                                                            Cleverowl3534
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                                                                            February 4, 2025 at 9:56 am
                                                                            The unfortunate truth is that the only death penalties handed out are those that come to media attention.

                                                                            The second thing is that the law isnโ€™t favoring men, it doesnโ€™t even recognize that they can be raped, a lot of times the evidence is very circumstantial and questionable altogether, but in a he said she said case she will always be believed, start hanging them all on accusations alone and youโ€™ll have the whole 498A shit show all over again with women abusing the law to settle personal grudges.

                                                                            Also the constitution protects you against inhuman and cruel punishments, pretty sure the death penalty comes under that. The last two major hangings were kasab and the nirbhaya culprits, one wasnโ€™t Indian and a Terrorist responsible for 100s of deaths, the latter made noise in media thatโ€™s all, i

                                                                          • #60454 Reply
                                                                            User_159400a4
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                                                                              User_159400a4
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                                                                              February 4, 2025 at 1:07 pm
                                                                              coz India is a place where the law is biased against men and a mere accusation of rape can have men make rounds of courts and pay millions even when not convicted …

                                                                              In India women centric laws are misused to settle for big amounts with quiet support of judges and shady lawyers …….

                                                                              India is a place where a woman who lived with u for a year may accuse u of rape under the prestext of marriage if the relationship turns sour ……..

                                                                            • #60453 Reply
                                                                              User_444e4013
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                                                                                User_444e4013
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                                                                                February 4, 2025 at 2:12 pm
                                                                                Not a lawyer but just sharing a view.. death penalty means immediate relief from guilt (if any) for the culprit..

                                                                                I believe in cases of sexual assault chemical castration followed by life imprisonment shall be better..

                                                                              • #60452 Reply
                                                                                User_b3fdad64
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                                                                                  User_b3fdad64
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                                                                                  February 4, 2025 at 2:13 pm
                                                                                  As per our so called legal systems, death penalty is only given if the given person is not socially transformable. This was the so called reason cited by the advocate to prevent the guy from death sentence.

                                                                                • #60451 Reply
                                                                                  Shwetapanda726
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                                                                                    Shwetapanda726
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                                                                                    February 4, 2025 at 2:30 pm
                                                                                    Committing murder in the course of rape is considered rarest of rare and death sentence is mandatory, if peoved. The legal reason for denying death penalty to rapists is to dissuade them from committing murder of the victim. If the rapist think he is going to be hanged for his crime, he might murder the victim as no further punishment can be placed upon him.

                                                                                  • #60450 Reply
                                                                                    Madhavfox617
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                                                                                      Madhavfox617
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                                                                                      February 4, 2025 at 4:46 pm
                                                                                      This is wrong. Gang rape is only punishable by death in cases where the victim is a minor (albeit, in cases of rape the age criteria is below 12 and not below 18 for death).

                                                                                    • #60449 Reply
                                                                                      Smritipanther716
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                                                                                        Smritipanther716
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                                                                                        February 4, 2025 at 6:29 pm
                                                                                        If the punishment for rape and murder is the same, the rapist will most likely kill the victim

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