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IPC

(Querist) 19 June 2009 This query is : Resolved 
Should rapist awarded capital punishment?
Tribhuwan Pandey (Expert) 19 June 2009
Only for the crime of rape capital punishment is not provided in IPC
PARTHA P BORBORA (Expert) 19 June 2009
capital punishment is not provided by IPC for rape. is rape aciompanied with homicide, then only capital punishment can be imposerd
ritu bhadana (Expert) 19 June 2009
well it is a very debated topic whether it should be or not. the general rule is also that capital punishment should be given only in the rarest of rare cases. Only for rape law does not provide for capital punishment. mr. borbora views are absolutely right.
adv. rajeev ( rajoo ) (Expert) 19 June 2009
I agree with all learned frnds.
Kiran Kumar (Expert) 19 June 2009
if one could remeber enough debate was done in the year 2000 when the then govt. of india conducted survey on this issue and finally it was decided that capital punishment should not be there.

let this query be raised in forum, it will give opportunity to everyone to submit their respective opinion.
dhiraj choudhary (Expert) 20 June 2009
i hav already submitted that one dear kiran
Uma parameswaran (Expert) 20 June 2009
Rape is a serious crime and with out doubt it deserves severe punishment. A punishment amount to capital punishment is necessary. Capital punishment shall be a retribution .Even though it is not taking the human life but spoils the victims’ life and the scar change the course of the life.
Abhishek Sharma (Expert) 20 June 2009
Given the present state of affairs and the way police and judges are hell bent upon believing every accused to be actually guilty, rape would be a sure shot recipe to commit murder of an innocent man. Roughly 90% of rape cases are false. Would the nation be willing to expose fellow citizens to risk of death upon false accusations.
Abhishek Sharma (Expert) 20 June 2009
If capital punishment is to be provided, most unimpeachable evidence should be the rule. I remember a famous Delhi case in which the deceased's postmortem report read thus:
Hymen: Intact.
Pubic hair: Matted
Semen Found: No
Stain on underwear: No
Underwear: intact

The accused was convicted of "Rape" and murder.
J K Agrawal (Expert) 20 June 2009
views of abhishek is voted by me. There may a false case of rape. As far as my experience of 20 year in field of law ONLY RARE cases are of rape. 90% cases are fabricated and a consent case converted into rape.

present punishment provided by IPC is enough severe and capital punishment is not supported at any point by me.
Shashwat Shukla (Expert) 21 June 2009
No, it is not possible because in 80% cases are fabricated and most of prosecutrix are consenting party. So death penalty can not be imposed in such cases.
Shashwat Shukla (Expert) 21 June 2009
No, it is not possible because 80% cases are fabricated and most of prosecutrix are consenting party. So death penalty can not be imposed in such cases.
A Truthseeker (Expert) 23 June 2009
punishment for rape should never be capital. rape is the offence that is the outcome of a most fundamental passion sine qua non for human propagation. that is why in IPC sec -354 is made bailable.


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