'Death Penalty For Repeat Rape Offenders': Bombay HC Upholds Constitutional Validity Of Section 376-E IPC
5 years, 7 months ago

'Death Penalty For Repeat Rape Offenders': Bombay HC Upholds Constitutional Validity Of Section 376-E IPC

Live Law  

The Bombay High Court, on Monday, upheld the Constitutional validity of Section 376-E of IPC which provides that repeat offenders in rape cases can be awarded life imprisonment or death penalty. Section 376-E states: "Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death." The sentence prescribed for repeat offence under Section 376-E is either, imprisonment for life which means for the remainder of one's life or with death. imprisonment for life, which means imprisonment till the remainder of one's natural life and that there is no challenge to the same It cannot be said that Section 376-E creates a new category of punishment i.e.

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History of this topic

Sexual intercourse with dead person not rape: Chhattisgarh High Court
2 weeks, 3 days ago

Sexual intercourse with dead person not rape: Chhattisgarh High Court

Live Mint  

Chhattisgarh High Court recently ruled that sexual intercourse with a dead person does not constitute rape under Indian law. A division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru delivered this landmark ruling. The High Court bench observed that section 376 of the Indian Penal Code and the Protection of Children from Sexual …

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
1 month, 3 weeks ago

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Live Law  

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The division bench observed, “…we have no hesitation in maintaining his sentence under Sections 302, 376, 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain …

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
7 months, 1 week ago

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister

Live Law  

The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times. While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed – “…we are of the …

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence
7 months, 2 weeks ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law  

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
7 months, 2 weeks ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused
9 months, 1 week ago

[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused

Live Law  

The Kerala High Court upheld rigorous life imprisonment imposed upon four accuseds 1 to 4 for the offence of murder of CITU worker Sunil Babu due to gang rivalry. The Court also set aside the conviction of rigorous life imprisonment imposed upon accuseds 5 to 8 for criminal conspiracy to murder due to lack of evidence. It also set aside …

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment
11 months ago

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment

Live Law  

In a horrifying incident where a 40-year-old man raped a seven-year-old Child, the Supreme Court imposed the sentence of 30 years of rigorous imprisonment with a fine of Rupees One Lakh. When such an act was done by the petitioner, who was then aged 40 years and X who was then aged only 7 years and the evidence that when …

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old
1 year, 3 months ago

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old

Live Law  

The division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase observed that the trial court did not consider mitigating factors, including the convict's background and the absence of any prior criminal record while awarding the death penalty. The Bombay High Court on Friday commuted the death sentence to 25-year fixed-term imprisonment for a 36 years old labour, convicted …

Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case
1 year, 7 months ago

Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case

Live Law  

The Delhi High Court has modified life sentence in a 2015 rape and murder case to rigorous imprisonment for a period of 20 years without remission, while considering the mitigating and extenuating circumstances. "At the same time, the diabolic and depraved manner in which the appellant took the victim to a solitary place and not only sexually assaulted her but …

Evolution of jurisprudence around capital punishment, its procedures
1 year, 8 months ago

Evolution of jurisprudence around capital punishment, its procedures

Hindustan Times  

The Supreme Court last month decided to test the validity of hanging by the neck as the method of executing death sentence in India, stating that the method can be declared unconstitutional if there is scientific material favouring a different method of execution as less painful and “more consistent with human dignity”. Over the years, there has been a constant …

Explained: How India saw the highest number of death penalties in 2022
1 year, 11 months ago

Explained: How India saw the highest number of death penalties in 2022

Firstpost  

According to the report ‘Death Penalty in India, Annual Statistics Report, 2022,’ trial courts across India imposed 165 death sentences in 2022, the most in a single year in the last two decades New Delhi: Trial courts across the country imposed 165 death sentences in 2022, which is the highest in a single year in the last two decades, a …

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report
1 year, 11 months ago

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report

Live Law  

In 2022, trial courts imposed the largest number of death sentences in a single year since 2000 while the death row population was the highest it has been since 2004. Overview of Death Sentences In 2022, trial courts imposed death sentences on 165 persons - the largest number of death sentences imposed in a single year in over two decades …

Psychological assessment needed, says SC while staying death sentence of rape accused
2 years, 1 month ago

Psychological assessment needed, says SC while staying death sentence of rape accused

India Today  

The Supreme Court on Thursday stayed the execution of the death penalty awarded to a man who was convicted of raping and murdering a minor girl. In November last year, the Bombay High Court sentenced the man to death for raping and murdering a minor girl in Maharashtra's Thane. Arora stressed before the three-judge bench, comprising Chief Justice of India …

Why India needs a rethink before expanding scope of death penalty
2 years, 1 month ago

Why India needs a rethink before expanding scope of death penalty

Firstpost  

It is crystal clear the graph of number of death sentences dips amazingly as the cases get referred up Put yourself in the shoes of a rape and murder victim’s parents. But while the Delhi High Court had given the death punishment calling the accused “predators”, the Supreme Court exonerated all three defendants for the 2012 rape and murder of …

Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences
2 years, 2 months ago

Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences

Live Law  

The Supreme Court, recently, clarified its judgment dated 19.04.2022 wherein death sentence awarded to a man convicted for raping and murdering a four year old girl was commuted to life imprisonment.In the said judgment, the Court had commuted the death sentence imposed for the offence of murder under Section 302 of the Indian Penal Code as life imprisonment. The Supreme …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 2 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)
2 years, 4 months ago

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)

Live Law  

Death Penalty, one of the punishments that can be awarded to an accused in India- has always been subject to diverse views, criticism and repeated evaluations of being effective or ineffective in retribution or being a necessary action in few cases. The five judge bench in Bachan Singh's case laid down elaborate frame-line and guiding factors to be taken into …

Bombay High Court reduces sentence of man accused of raping mentally retarded woman
2 years, 4 months ago

Bombay High Court reduces sentence of man accused of raping mentally retarded woman

India Today  

The Bombay High Court has reduced the sentence of a man, convicted for the rape of a woman with mild mental retardation, to 10 years imprisonment from a life sentence that was granted earlier by the trial court. "In the present case, the victim is a helpless, mild mentally retarded girl and thus, the present case requires to be dealt …

"Diabolic & Brutal": Delhi High Court Awards Imprisonment For Remainder Of Life To Three For Gang Rape & Murder Of 3-Yr-Old
2 years, 7 months ago

"Diabolic & Brutal": Delhi High Court Awards Imprisonment For Remainder Of Life To Three For Gang Rape & Murder Of 3-Yr-Old

Live Law  

The Delhi High Court has awarded life sentence to three men for gang rape and murder of a three year old minor child observing that the same was done in a diabolic and brutal manner. Upholding the conviction of the three, a division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna exercised its appellate jurisdiction by awarding life …

All High Courts Weekly Roundup: May 9- May 15, 2022
2 years, 7 months ago

All High Courts Weekly Roundup: May 9- May 15, 2022

Live Law  

Allahabad High Court NOMINAL INDEX Lavkush v. State of U.P.Thru.Prin.Secy.Home Lko. "Accused Left Indelible Mark Of Devastation On 3 Yr Old Girl's Mind & Body": Madhya Pradesh High Court Upholds Life Sentence Case title - PAPPU v. THE STATE OF MADHYA PRADESH Case Citation: 2022 LiveLaw 144 The Madhya Pradesh High Court recently upheld the life sentence awarded to a …

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl
2 years, 8 months ago

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl

Live Law  

The Supreme Court has commuted the death sentence awarded to a man accused of rape and murder of four year old girl.The bench comprising Justices UU Lalit, S. Ravindra Bhat and Bela M. Trivedi observed that the maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender.The Trial Court had awarded death …

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal
2 years, 10 months ago

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Live Law  

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
2 years, 11 months ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

Bombay HC upholds death sentence of watchman convicted for rape, murder of 3-year-old
3 years, 1 month ago

Bombay HC upholds death sentence of watchman convicted for rape, murder of 3-year-old

India Today  

The Bombay High Court upheld the death penalty awarded to a 30-year-old watchman who was accused of raping and killing a three-year-old girl. The HC’s decision came on a day when it commuted the death sentence of three men convicted in the Shakti Mills gang-rape case. The division bench of Justices Sadhana Jadhav and Prithiviraj Chavan confirmed the death penalty …

Shakti Mills gang rape case: Five reasons Bombay HC commuted death sentence
3 years, 1 month ago

Shakti Mills gang rape case: Five reasons Bombay HC commuted death sentence

India Today  

On Thursday, the Bombay High Court observed that the three convicts in the Shakti Mills rape case did not deserve any leniency for the heinous acts they had committed. In its 108-page detailed order, the High Court interpreted Section 376E of the Indian Penal Code, the procedure of law to be followed by a constitutional court and assimilation of a …

Bombay HC sets aside death sentences to Shakti Mills gang-rape convicts, says public outcry can't guide verdict
3 years, 1 month ago

Bombay HC sets aside death sentences to Shakti Mills gang-rape convicts, says public outcry can't guide verdict

India Today  

The Bombay High Court on Thursday, November 25, set aside the death sentences earlier awarded to the three Shakti Mills gang-rape convicts, stating that public outcry should not guide judgment. THE SHAKTI MILLS GANG-RAPE CASE In 2013, a 22-year-old photojournalist had gone to Mumbai's defunct Shakti Mills for a photoshoot along with a male colleague. In March 2014, a sessions …

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court
3 years, 5 months ago

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court

Live Law  

The Supreme Court observed that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code while confirming the charge under Section 304B IPC.In this case, within a period of about 15 months of marriage, a married woman committed suicide, leaving behind two suicide notes. The Supreme Court observed that an accused cannot be discharged …

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict
3 years, 9 months ago

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict

Live Law  

"Section 3 of the SC/ST Act will not be attracted automatically because the victim belongs to such and such category. On Monday, the bench took note of a 2019 judgment of the top cour t, by a bench headed by Justice R. Banumathi, where the court had reduced the sentence of life imprisonment of a murder convict to the sentence …

65% of Death Sentences in 2020 Involved Sexual Violence; Project 39A at NLU-Delhi Delhi Releases 5th Annual Death Penalty Statistics
3 years, 11 months ago

65% of Death Sentences in 2020 Involved Sexual Violence; Project 39A at NLU-Delhi Delhi Releases 5th Annual Death Penalty Statistics

Live Law  

Project 39A at National Law University, Delhi published the fifth edition of the Death Penalty in India: Annual Statistics Report which provides an annual update on all death penalty cases in India alongwith documenting the legislative developments on the issue. However, there was an increase in the proportion of death sentences imposed for cases involving sexual offences by trial courts …

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
4 years, 3 months ago

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission

Live Law  

World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Section 115 of the Mental Healthcare Act enacted in the year 2017 provides that 'notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be …

'Rape And Murder' Tops The List Of Cases Where Death Penalty Was Awarded In India : Project39 (NLU-D) Report
4 years, 11 months ago

'Rape And Murder' Tops The List Of Cases Where Death Penalty Was Awarded In India : Project39 (NLU-D) Report

Live Law  

As per the "Death Penalty Report in India: Annual Statistics" published by Project 39A of the National Law University, Delhi, 2019 was a significant year in terms of legal developments on capital punishment in India. Courts gave death penalty for murder involving sexual offences in 18% of the cases in 2016. Further, despite the drop in the total number of …

Death for rape? Why lawmakers need to get realistic and not fan public sentiments
5 years, 1 month ago

Death for rape? Why lawmakers need to get realistic and not fan public sentiments

India Today  

Rape is more common a crime than murder in India, according to the latest data collated by the National Crime Record Bureau. However, only some rape cases see outpouring of public anger in which demand for death penalty for the rapists is raised at a very high pitch. A study by the Centre of Death Penalty - at the National …

2007 Pune Gangrape And Murder: Inordinate Delay In Execution Of Death Sentence Unconstitutional Says Bombay HC, Commutes Death To Life [Read Judgment]
5 years, 5 months ago

2007 Pune Gangrape And Murder: Inordinate Delay In Execution Of Death Sentence Unconstitutional Says Bombay HC, Commutes Death To Life [Read Judgment]

Live Law  

In a significant decision, the Bombay High Court commuted death sentence awarded to two convicts to life imprisonment for 35 years life imprisonment in the 2007 gangrape and murder case of a BPO employee in Pune. "We find that delay in the present matters could have been easily avoided and the mercy petitions and the final execution could have been …

Did Child Rape Cases in India Increase 82% from 2015 to 2016?
5 years, 6 months ago

Did Child Rape Cases in India Increase 82% from 2015 to 2016?

The Quint  

The issue of increasing incidents of child rape in India has been a source of shame, concern and tragedy for the entire country. The Kathua rape case led to outrage all over the country, with many demanding the death penalty for the rapists, three of whom have been given a sentence of life imprisonment by a special court in Pathankot. …

'Justified': Bombay HC upholds death for repeat rape offenders
5 years, 7 months ago

'Justified': Bombay HC upholds death for repeat rape offenders

India TV News  

In a significant order, the Bombay High Court on Monday upheld the constitutional validity of the Indian Penal Code's section providing for either life sentence or death penalty for repeat rape offences. Section 376E - added in 2013 as one of the amendments after the horrific Delhi December 2012 gang-rape and murder case - says that if a person has …

Time has come for India to kill death penalty
5 years, 7 months ago

Time has come for India to kill death penalty

Firstpost  

In a country where people die of heat waves, extreme cold, homelessness, hunger, malnutrition and extrajudicial executions, abolishing the death penalty is going to be a challenge because life is so devalued. The Delhi gang rape case and the Kathua rape case saw death penalty being extended to non-homicide offences amid a clamour for harsher punishments. It is evident that …

Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]
5 years, 9 months ago

Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]

Live Law  

While commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, the Supreme Court observed that death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment. The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee sentenced Sachin Kumar Singhraha to undergo …

Shakti Mills Gangrape: Section S.376(E) IPC Is Unconstitutional: Argues Convict's Lawyer Before Bombay HC
5 years, 10 months ago

Shakti Mills Gangrape: Section S.376(E) IPC Is Unconstitutional: Argues Convict's Lawyer Before Bombay HC

Live Law  

In the confirmation hearing of death penalty awarded to Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Salim Ansari for the gangrape of an 18-year-old call centre employee in July 2013 and 22-year-old photojournalist in August 2013, advocate Yug Mohit Chaudhary argued that the government's views on Section 376 of the Indian Penal Code are outdated and violative of. In the …

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