Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in IndiaThis book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India. |
Contents
1 Introduction | 1 |
2 An Introduction to the Indian Criminal Justice System | 15 |
3 The Law and Practice of Rape Adjudication in India | 34 |
An Empirical Analysis | 61 |
5 Myths and Stereotypes in Rape Prosecutions | 106 |
Guideline Models and Approaches | 115 |
The Need for Structuring | 161 |
8 Sentencing Guidelines for Rape | 187 |
Appendix 2 Templates of Format Used for Medical Examination of Rape Victims | 234 |
Appendix 3 Overview of Variables Considered for Empirical Study and Data Obtained | 240 |
Appendix 4 Output of Regression Analysis | 258 |
Appendix 5 Charts | 279 |
Table of Cases | 285 |
| 294 | |
| 303 | |
Appendix 1 List of Cases Studied for Empirical Analysis | 208 |
Other editions - View all
Common terms and phrases
adjudication aggravating and mitigating aggravating factor Andhra Pradesh appeal argues Ashworth Bihar Chhattisgarh cited consent considered aggravating considered mitigating Constitution of India Contd convicted Court Sentences Cr.P.C. Section crime death penalty decision defendant defendant’s deterrence discuss Federal Sentencing Guidelines finger test gang rape guideline judgments guideline models Gujarat Haryana High Court Himachal Pradesh hymen impact imprisonment independent variable Indian Penal Code instance intercourse Jhar Jharkhand judges judicial discretion Karnataka Kumar legislature Madhya Pradesh Maharashtra Medical Jurisprudence mitigating factor mitigating while sentencing offence Orissa person principle prosecution Punjab Rajasthan rape myths rape sentencing rape simpliciter rape victim reduced sentence relevant variables rules sentence imposed Sentencing Commission sentencing discretion sentencing in India Sentencing Reform Singh status stereotypes supra Chapter Supreme Court Suresh testimony theory of punishment trial court unwarranted disparity Uttar Pradesh variable and controlling Victim eloped Victim murdered Victim’s age West Bengal woman