Bombay HC upholds death penalty clause for repeat offenders in rape cases

  1. The Bombay High Court (HC) has upheld the constitutional validity of Section 376E of the Indian Penal Code(IPC).
  2. This ruling came on a petition filed by three convicts in the Shakti Mill gangrape case challenging Constitutional validity of the legal provisions under which they were sentenced to death in 2014.
  3. Section 376E was added by following the Nirbhaya gangrape incident.Under section 376E of the IPC,a repeat rape offender will have to be imprisoned for the rest of his life or sentenced to death.
  4. According to Criminal Law (Amendment) Act,2013 whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death.

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