Community › Forums › Legal Advice India › Why is the death penalty is not imposed on rapists and imposed on gang rapists in India?
- This topic has 40 replies, 26 voices, and was last updated 1 year, 4 months ago by
User_44aeded4.
-
AuthorPosts
-
-
UUser_86ecd841
PARTICIPANT
February 4, 2025 at 4:09 amWhy 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? -
QQuickvishal2267
PARTICIPANT
February 4, 2025 at 4:14 amIn 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. -
UUser_5016d77f
PARTICIPANT
February 4, 2025 at 4:28 amAs 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.
-
UUser_44aeded4
PARTICIPANT
February 4, 2025 at 5:45 amDoes India differentiate between ‘Crime of passion’ and ‘premedirated crime?-
CCleverbro4525
PARTICIPANT
February 4, 2025 at 6:14 amYes. Infact it’s a defence-
DDesisonu9131
PARTICIPANT
February 4, 2025 at 8:36 amCan you please elaborate in this?-
UUser_44aeded4
PARTICIPANT
February 4, 2025 at 1:45 pmPremeditated 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.
-
DDesisonu9131
PARTICIPANT
February 4, 2025 at 1:47 pmOkay got it. In the context of Indian laws its called grave and sudden provocation.
Thanks!
-
-
CCleverbro4525
PARTICIPANT
February 4, 2025 at 2:46 pmYou get life imprisonment to death penalty for premeditated murder while it is 7 to 10 years in jail if it is Crime of Passion-
UUser_44aeded4
PARTICIPANT
February 4, 2025 at 3:38 pmIndians are so passionate, I would think 90% cases are crimes of passion.-
CCleverbro4525
PARTICIPANT
February 4, 2025 at 4:26 pmLegally 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 emotionalIn 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.
-
UUser_44aeded4
PARTICIPANT
February 5, 2025 at 9:55 amInteresting. Thank you for sharing.
-
-
-
-
-
-
-
UUser_6c398219
PARTICIPANT
February 4, 2025 at 6:04 amAnd what is the worse thing that can happen? Just curious.Also wanted to know your gender if you donโt mind.
-
SSuperlakshay1059
PARTICIPANT
February 4, 2025 at 7:04 amHe mentioned murder. -
UUser_f8f8c30a
PARTICIPANT
February 4, 2025 at 1:22 pmClick on his profile
-
-
UUser_f8f8c30a
PARTICIPANT
February 4, 2025 at 1:09 pmNo way you are serious -
UUser_ad1d6c15
PARTICIPANT
February 4, 2025 at 1:52 pmPlus, 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.
-
-
CCleverbro4525
PARTICIPANT
February 4, 2025 at 4:43 amWhy 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
-
IIndianhero7294
PARTICIPANT
February 4, 2025 at 5:09 amIts imposed in rarest of the rare case and not in every rape case ..-
UUser_86ecd841
OP
February 5, 2025 at 4:36 amI didn’t even ask that-
IIndianhero7294
PARTICIPANT
February 5, 2025 at 4:57 amEven rape can be considered heinous crime depending on the facts ..thats for courts to determine
-
-
-
BBrightom7319
PARTICIPANT
February 4, 2025 at 5:46 amBecause 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
-
UUser_6c398219
PARTICIPANT
February 4, 2025 at 6:06 amIf there is no physical evidence and itโs circumstantial then why even jail time? Let the poor bhechara man go.The question was if it is proved then why not death penalty.
-
BBrightom7319
PARTICIPANT
February 4, 2025 at 6:48 amHow can you expect physical evidence if the victim reported after a week due to shameย -
UUser_e7fdd881
PARTICIPANT
February 4, 2025 at 9:44 amWhy did u assume only woman get raped
-
-
-
AAlpharajesh8746
PARTICIPANT
February 4, 2025 at 6:15 amDeath penalty is not imposed for just heinous crimes in India. Itโs supposed to be imposed for โrarest of rareโ cases. -
UUser_73de8187
PARTICIPANT
February 4, 2025 at 6:36 am9.6% of the rape case and
15% of attempt to rape case are false.According the NCRB 2022 data
-
UUser_73de8187
PARTICIPANT
February 4, 2025 at 6:38 amIt 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.
-
-
VVanifox76
PARTICIPANT
February 4, 2025 at 8:47 amDo you want all fake/false rape accused to be hanged provided they were unable to prove their innocence. Do you think it’s fair ?-
BBhumikahawk733
PARTICIPANT
February 4, 2025 at 9:59 amU do realise that percentage of fake cases range very low than the actual rape and harassment that goes on in this country-
VVanifox76
PARTICIPANT
February 4, 2025 at 10:09 amDid 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 ?
-
BBhumikahawk733
PARTICIPANT
February 4, 2025 at 5:11 pmTrue
-
-
-
UUser_bdf5fbf3
PARTICIPANT
February 4, 2025 at 12:13 pmFalse 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.-
UUrbanharshal6640
PARTICIPANT
February 4, 2025 at 12:34 pmWhy are they treated differently in law?
-
-
-
CCleverowl3534
PARTICIPANT
February 4, 2025 at 9:56 amThe unfortunate truth is that the only death penalties handed out are those that come to media attention.The second thing is that the law isnโt favoring men, it doesnโt 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 youโll 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 wasnโt Indian and a Terrorist responsible for 100s of deaths, the latter made noise in media thatโs all, i
-
UUser_159400a4
PARTICIPANT
February 4, 2025 at 1:07 pmcoz 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 ……..
-
UUser_444e4013
PARTICIPANT
February 4, 2025 at 2:12 pmNot 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..
-
UUser_b3fdad64
PARTICIPANT
February 4, 2025 at 2:13 pmAs 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. -
SShwetapanda726
PARTICIPANT
February 4, 2025 at 2:30 pmCommitting 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. -
MMadhavfox617
PARTICIPANT
February 4, 2025 at 4:46 pmThis 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). -
SSmritipanther716
PARTICIPANT
February 4, 2025 at 6:29 pmIf the punishment for rape and murder is the same, the rapist will most likely kill the victim
-
-
AuthorPosts