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Malimath Committee against death sentence for rapists
New Delhi, Sept 21: The Justice Malimath Committee on reforms of criminal justice system has opined against death penalty for rapists as was suggested by many including Deputy Prime Minister L K Advani.
New Delhi, Sept 21: The Justice Malimath Committee on reforms of criminal justice system has opined against death penalty for rapists as was suggested by many including Deputy Prime Minister L K Advani.
The committee has instead recommended life imprisonment
without remission or commutation for the offenders.
"Those who are pleading for death penalty for the offence of rape feel that the punishment now prescribed has failed to have a deterrent effect. The view to the contrary is that the remedy should not be worse than the disease," the committee said in its report submitted to the Centre.
Having reproduced the divergent views, the report goes on to say "death penalty is irreversible. Any erroneous decision would lead to disastrous consequences. Judges are therefore likely to expect a much higher standard of proof."
This, it feels "may result in further lowering the rate of conviction. Besides if the rapist knows that the offence carries death penalty, he may be tempted to kill the victim so that she may not be available to give evidence against him," the voluminous report says.
Also, taking note of the high rate of acquittal and unnecessary delay in disposal of rape cases, the committee has called for amendments in the law to make it mandatory for the probe agency to complete investigation within a prescribed time and for the court to dispose of the case on a priority basis within a period of four months.
The report also stresses the need to fix a time limit for lodging FIRs in rape cases saying delay caused by a victim's reluctance to reveal the trauma often proves fatal to the prosecution.
"Those who are pleading for death penalty for the offence of rape feel that the punishment now prescribed has failed to have a deterrent effect. The view to the contrary is that the remedy should not be worse than the disease," the committee said in its report submitted to the Centre.
Having reproduced the divergent views, the report goes on to say "death penalty is irreversible. Any erroneous decision would lead to disastrous consequences. Judges are therefore likely to expect a much higher standard of proof."
This, it feels "may result in further lowering the rate of conviction. Besides if the rapist knows that the offence carries death penalty, he may be tempted to kill the victim so that she may not be available to give evidence against him," the voluminous report says.
Also, taking note of the high rate of acquittal and unnecessary delay in disposal of rape cases, the committee has called for amendments in the law to make it mandatory for the probe agency to complete investigation within a prescribed time and for the court to dispose of the case on a priority basis within a period of four months.
The report also stresses the need to fix a time limit for lodging FIRs in rape cases saying delay caused by a victim's reluctance to reveal the trauma often proves fatal to the prosecution.
Bureau Report