Gang Rape Provisions In Bns
Gang Rape Provisions under Indian Penal Code (IPC)
Section 375 (Exception 2) IPC defines rape. When the act of sexual intercourse is committed by one or more persons against a woman without her consent, it amounts to rape. When more than one person participates in the act, it is termed as gang rape.
Section 376(2)(g) IPC deals specifically with gang rape and provides for enhanced punishment:
Whoever commits rape in the course of committing gang rape shall be punished with rigorous imprisonment for a term which shall not be less than 20 years but which may extend to life imprisonment, and shall also be liable to fine.
Key Points:
Gang rape means sexual intercourse committed by more than one person.
The punishment is more stringent compared to simple rape.
The intent and the collective commission of the act make it more heinous.
Case Law on Gang Rape
1. Tukaram S. Dighole v. State of Maharashtra (2010)
Facts: The accused was part of a group who abducted and gang-raped a woman.
Judgment: The Supreme Court reiterated that gang rape is a heinous offense and held that all accused who participate in the act are liable under Section 376(2)(g). The Court emphasized the need for strict punishment to deter such crimes.
Significance: This case reinforced the enhanced punishment for gang rape and clarified that participation by any accused in the act constitutes liability.
2. State of Punjab v. Gurmit Singh (1996)
Facts: The accused were convicted of gang rape and murder of a woman.
Judgment: The Supreme Court upheld the conviction and the death penalty for one of the accused, noting the brutality and cruelty of the gang rape.
Significance: This case is landmark in showing that gang rape can attract the highest punishment (including death penalty) in cases of extreme brutality.
3. Delhi Gang Rape Case (2012) – Mukesh & Ors. v. State for NCT of Delhi
Facts: A 23-year-old woman was brutally gang-raped and murdered by six men on a moving bus.
Judgment: The Supreme Court confirmed the convictions and awarded death penalty to four accused, life imprisonment to one minor, and rigorous imprisonment to another.
Significance: The case led to major amendments in rape laws, including stricter punishments for gang rape and crimes against women. The Court acknowledged the collective cruelty and trauma caused by gang rape.
4. Mathura Rape Case (State of Maharashtra v. Chandraprakash Kewalchand Jain, 1977)
Facts: Mathura, a tribal girl, was raped by policemen in a police station.
Judgment: The Supreme Court acquitted the accused on the ground of consent, which triggered public outrage.
Significance: This case, though not exactly gang rape, led to reforms in the rape laws, especially related to consent and custodial rape. It also laid down the importance of the absence of consent in such crimes.
5. Lillu & Ors. v. State of Haryana (2013)
Facts: Accused were convicted for gang rape of a minor girl.
Judgment: The Supreme Court upheld the conviction and emphasized the heinousness of gang rape involving minors and the need for strict deterrence.
Significance: This case reinforced the stance that gang rape of minors attracts severe punishment and the courts must ensure swift justice.
Summary
Gang rape is considered a more serious offense due to the involvement of multiple offenders.
The law under Section 376(2)(g) prescribes rigorous imprisonment for a minimum of 20 years to life imprisonment, highlighting the gravity of the crime.
Courts have consistently interpreted gang rape as a heinous crime requiring strict punishment to serve as a deterrent.
Landmark cases like the Delhi Gang Rape Case have also prompted legislative reforms improving the legal framework against gang rape.
The role of consent is critical, and absence thereof is the defining factor.
Cases show the judiciary’s firm stance on imposing the harshest penalties where warranted.
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