GANG RAPES IN INDIA AND THE CHANGING QUANTUM OF PUNISHMENT: AN ANALYSIS OF THE VERDICTS FROM MATHURA TO NIRBHAYA
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Abstract
Rape is the most heinous and inhuman offence. It is not only a crime against the person of a woman but is also a crime against the entire society. The form and measure of punishment is influenced by societal mores and values. The determination of the right measure of punishment is often a point of great difficulty and no hard and fast rule can be laid down. However, the courts while trying cases always keep in mind the need of maintaining proportion between the nature and impact of an offence and the penalty. While imposing punishment, courts are guided either by the “Crime Test”or the “Rarest of the Rare Test”.Very often for similar fact situations the quantum of punishment differs. It is essential that, while determiningthe quantum of punishment, the rights of the criminal, the rights of the victim of crime and also the society‘s cry for justice against the criminals should be taken into consideration. The present paper reveals the changing quantum of punishment brought about by the various Criminal Law Amendments, following the verdicts since the Mathura case to the Nirbhaya case. With this background, the Criminal law Amendment Act 2018 will also be analyzed.
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