This has resulted in greater difference in the quantum of punishment for rape of minor boys and girls.Some argue that death penalty has a deterrence effect on the crime and therefore helps prevent it.Others argue that death penalty would be disproportionate punishment for rape.In 2016, 21 of the total 39,068 cases of rape were against minor girls below the age of 16 years.
Over the last year, several states have introduced or passed Bills to allow death penalty for rape of girls below the age of 12 years. On April 21, 2018, the government promulgated the Criminal Law (Amendment) Ordinance, 2018. The POCSO, Act states that the punishment which is higher between the POCSO Act and the IPC will apply to rape of minors. The Ordinance reduces this time period to two months for all rape cases. Further, any appeal against a sentence for rape cases must be disposed of within six months. However, in cases of adults under the IPC, rape is as an offence only if the offender is male and the victim is female. The Law Commission of India (2000) and the Justice Verma Committee (2013) had recommended that this definition of rape should be made gender neutral and should apply equally to both male and female victims. The Ordinance does not address this issue. The POCSO Act has the same penalty for rape when the victim is a boy or a girl. Table 2 summarises the differences in punishment for rape of minor boys and girls. The Committee supported enhanced punishment extending up to life imprisonment for rape, but not death penalty. The Law Commission (2015) observed that in cases related to rape and murder of minor boys and girls, courts have differed in awarding death sentence. In March 2013, Parliament passed the Criminal Law (Amendment) Act, 2013 to amend the IPC to allow death penalty only in rape cases where the accompanying brutality leads to death or leaves the victim in a persistent vegetative state, and in cases of repeat offenders. Indian Penal Code 1860 In Marathi Full To AnyYou may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (PRS). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. This document has been prepared without regard to the objectives or opinions of those who may receive it.
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