TW: In case of a rape victims’ death, in what scenario is a death sentence is given to the accused. Do all cases get awarded by the death penalty?
The punishment for rape is rigorous imprisonment of minimum ten years. The punishment may extend to imprisonment for life, and shall also be liable to fine. Further, in situations of aggravated rape when the rape takes place because of the special position of either the victim or the criminal, the punishment is rigorous imprisonment anywhere between 10 years to life, along with a fine.
During rape, if the accused injures the woman so badly that she dies, or goes into a vegetative state, the accused can be given the death sentence, or imprisonment for 20 years to life. While this provision is pretty clear, the law does not define what ‘persistent vegetative state’ means. In a Supreme Court decision, the Court said that a person who is alive but does not show any evidence of being aware of one’s environment is in a permanent vegetative state.
The law allows death sentence to be imposed where a person is convicted for a second time for rape, rape causing death or resulting in permanent vegetative state, or gang rape.
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