Capital Punishment For Rape: A Penological Debate In India
- IJLLR Journal
- Jul 4
- 1 min read
Samyuktha Mahesh, School of Law, Alliance University, Bangalore
ABSTRACT
Rape not only constitutes an assault on an individual but also represents a serious infringement upon one's personal dignity and right to one's own body. Amendments such as the Criminal Law (Amendment) Act, 2013 and the Criminal Law (Amendment) Act, 2018 generally received overwhelming support as a strong state response to such crimes; they have also revived significant constitutional and penological questions, which this paper addresses.
This paper examines the death penalty for rape through the penal theories of deterrence, retribution, reformation, and prevention, alongside key Supreme Court judgements and the constitutional framework of Articles 14 and 21. Empirical evidence does not support the death penalty as a deterrent against rape. It is also found that capital punishment falls disproportionately on the poor and marginalised, raising equality concerns under Article 14. In the most extreme cases, such as rape accompanied by murder, there remains a retributive justification for death within the rarest of rare framework. Overall, it is argued that faster and more certain punishment, combined with stronger survivor support systems, would do more to address sexual violence than expanding the scope of the death penalty.
Keywords: Death Penalty, Rape, Deterrence, Retribution, Rarest of Rare Doctrine, Indian Penal Code, Article 21, Criminal Law Amendment.
