Aryan Parmar, National Forensic Sciences University, Delhi
ABSTRACT
The offence of Gang Rape which means Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention. It is pertinent to point here that this section 376D, provision of Gang Rape in India was introduced after the tragic 2012 Delhi Gang Rape case, also known as Nirbhaya case1. This incident made it necessary for the government analyse the need of amendment in the provision on Gang Rape. through Criminal Law Amendment Act,2018, which bifurcated punishment on the basis of age of the victim. If gang rape is committed against a girl aged 16 years or below, the maximum punishment is life imprisonment, if committed against a girl aged 12 years or below, the maximum punishment is the death penalty. This paper focused on finding answer of the question where there is a need of death penalty in the offence of Gang Rape or not. This piece of research by the researcher will discuss the historical evolution of the offence Gang Rape. The paper is of the favour of the point if the newly enacted criminal law Bhartiya Nyaya Sanhita, 2023, which has been enacted after the immense research by the honourable researchers and jurists has not stated death penalty as the punishment then why there is a need of addition of death punishment in the offence of Gang also Rape and the research paper also enshrines the measures through which death penalty can be mandate.
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