Comparative Analysis Of Capital Punishment For Gang Rape Of Minor Girl With Reference To Bharatiya Nyaya Sanhita (BNS) Act, 2023 And International Perspectives
- IJLLR Journal
- Jun 7
- 1 min read
Vineeth Kumar E.V., Assistant Professor (Law), Bharata Mata School of Legal Studies, Aluva, Choondy, Kerala
Richin Mathew, Assistant Professor (Law), Bharata Mata School of Legal Studies, Aluva, Choondy, Kerala
ABSTRACT
The exploration of this paper provides a relative legal examination of Capital Punishment for the gang rape of minor girls, specifically in the environment of India's new legal frame under the Bharatiya Nyaya Sanhita, 2023 (BNS), Act. The composition places the India within the wider international legal converse on capital punishment, adopting from statutory, judicial precedents, and mortal rights which is envisaged in various countries like the United States, Saudi Arabia, Iran, China, and the European Union.
In India, the preface of the BNS, Act is a significant shift down from British period legislation (Indian Penal Code, 1860) towards strict legal law. Section 70 of the BNS, Act specifically deals with gang rape of minor girls, defining severe imprisonment up to life. The exploration also discusses the elucidation of legal laws which are similar as the Protection of Children from Sexual Offences (POCSO) Act, 2019, which paved the way for strict punishment, including the death verdict, for offences against children. Although nations similar as Saudi Arabia and Iran still have capital punishment for rape anyhow of the survival of the victim, others, similar as the United States, limit it to homicide- related offences in the name of native protections against cruel and unusual punishment. While the European Union,under the European Convention on Human Rights, warrants the abolition of the death penalty in favor of life imprisonment and rehabilitative justice.
Keywords: Capital Punishment, Minor Girl, Gang Rape, BNS Act, Sexual Offences
