Justice is the morally fair and right state of everything. To have justice as a person’s character trait means that they are just and treat everyone the same, or how they would like to be treated.We Need Justice Not Politics In Rape And Murder Case.
A Man Is Said To Commit The Offense Of Rape With A Woman Under The Following Six Circumstances:
1. Sexual intercourse against the victims will,
2. Without the victim’s consent,
3. With her consent, when her consent has been obtained by putting her or any person that she may be interested in fear of death or hurt,
4. With her consent, when the man knows that he is not her husband,
5. With her consent, when at the time of giving such consent she was intoxicated, or is suffering from unsoundness of mind and does not understand the nature and consequences of that to which she gives consent,
6. With or without her consent when she is under sixteen years of age.
Guidelines For The Trial Of Rape Cases
1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates role should not merely be of explaining to the victim the nature of the proceedings, to prepare for the case and assist her, but to provide her with guidance as to how she might obtain the help of a different nature from other agencies- for e.g. psychiatric consultation or medical assistance.
2. Legal assistance should be provided at the police station, since the victim may be in a distressed state. Guidance and support of a lawyer at this stage would be of great help.
3. The police should be under a duty to inform the victim of her right to a counsel before being interrogated.
4. A list of lawyers willing to act in these cases should be kept at the police station.
5. Advocates shall be appointed by the Court on an application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.
6. In all rape trials, anonymity of the victim must be maintained
7. It is necessary to set up the Criminal Injuries Compensation Board with regard to the Directive Principles.
8. Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as the loss of earnings due to pregnancy and childbirth if this accrued as a result of rape.
Punishment In Rape And Murder Case
1. During a rape, if the accused injures the woman so badly that she dies, or goes into a vegetative state, he can be given the death sentence, or jail of 20 years – life.
2. For rape followed by the gang rape and murder, the punishment can be life imprisonment or the death penalty.
3. Sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.
4. If the sexual assault is committed by a person in a position of trust or authority towards the complainant or by a near relative of the complainant, he/she shall be punished with rigorous imprisonment for the term which shall not be less than ten years but which may extend to life imprisonment and shall also be liable to fine.
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