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In India, death penalty for rapists causing death of victim

Protestors demanding death penalty for rapists in India: File pic
Protestors demanding death penalty for rapists in India: File pic

Any person in India, who inflicts injury that causes death of a victim in a sexual assault or leaves her in a persistent vegetative state shall face death, as per the new legislation approved by Indian president.

New Delhi, Feb 4/Nationalturk – Taking strong posture against sexual offences, the Indian government has passed a law of giving death to a person, who inflicts injuries that causes death of a woman in a sexual assault.

“Whoever commits an offence punishable under sub-section (1) or sub-section (2) of section 376 (rape) and in the course of such commission, inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death,” the Criminal Law (Amendment) Ordinance, 2013, promulgated by Indian President Pranab Mukherjee yesterday.

It said where a person is sexually assaulted by one or more persons constituting a group, each of those persons shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life (imprisonment for the remainder of that person’s natural life) and shall pay compensation to the victim.

“Whoever causes permanent or partial damage or causes grievous hurt by throwing acid, shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees,” it said.

The ordinance further said that repeat offenders of sexual assault by gang will be punished by imprisonment for life which shall mean the remainder of that person’s natural life or with death.

“In case of sexual assault by a police officer or a public servant or member of armed forces, the punishment will be rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine,” it said.

‘Death has been prescribed as  maximum punishment’

Indian Finance Minister P Chidambaram told media persons today what while recommendations of Justice Verma Committee on punishment in sexual offences have been accepted, death has been prescribed as the maximum punishment in the case of rape followed by injury which causes death or causes to the victim to be in a persistent vegetative state.

“Death has also been prescribed as the maximum punishment in the case of a second conviction for the offence of sexual assault or aggravated sexual assault. Besides, the Ordinance contains provisions amending the Code of Criminal Procedure and the Indian Evidence Act. These amendments are intended to protect the dignity of the victim, restrain any police excesses, and facilitate better recording of evidence. These provisions will ensure fair and speedy trial of such cases and more stringent punishment to the convicted persons,” he said.

 

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Faiz Ahmad / NationalTurk India News

 

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