21st January 2025 (12 Topics)
1
Jan
2
Jan
3
Jan
4
Jan
6
Jan
7
Jan
8
Jan
9
Jan
10
Jan
11
Jan
13
Jan
14
Jan
15
Jan
16
Jan
17
Jan
18
Jan
20
Jan
21
Jan
22
Jan
Life Imprisonment in RG Kar Rape-Murder Case
Context
Sanjoy Roy was sentenced to life imprisonment by a court in Sealdah, Kolkata, for the rape and murder of a junior doctor at the state-run RG Kar College and Hospital in August 2024. The case drew widespread public attention due to the brutal nature of the crime and Roy’s position as a civic volunteer, which he exploited to commit the crime.
Why Life Imprisonment Instead of Death Penalty?
- Death Penalty Criteria: Although the crime was violent, the court concluded that it did not meet the “rarest of the rare” standard required for capital punishment in India. This standard is applied in cases that are exceptionally brutal or shocking.
- Reform Potential: The defense successfully argued that the prosecution did not prove that Roy was incapable of reform. Indian law mandates that for a death penalty to be imposed, the convict must be shown to be beyond reform.
- Roy was found guilty under Bharatiya Nyaya Sanhita (BNS) sections 64 (rape), 66 (causing injury resulting in death of rape victim), and 103 (1) (murder).
- Section 103(1) provides for the death penalty or life imprisonment
- Section 66 provides for imprisonment of not less than 20 years, which may be extended to life
- Section 64 lays down imprisonment of not less than 10 years, which may extend to life in prison.
Legal Options for the Convict:
- Appeal by Sanjoy Roy: Roy has the right to appeal his conviction and sentence to the Kolkata High Court. He can challenge both the conviction and the life imprisonment sentence.
- Prosecution's Appeal: The prosecution can also appeal to a higher court, possibly seeking an enhancement of the sentence to the death penalty. Since the case is being handled by the Central Bureau of Investigation (CBI), they could request the government to file an appeal based on the argument that the sentence is too lenient.
- Time Frame for Appeal: Any appeal filed against the sentence must be disposed of within six months, as per the provisions of the Bharatiya Nyaya Sanhita (BNS), which applies to cases under Sections 64 and 66 (the sections Roy was convicted under).
Death Penalty in India (Controversy and High-Profile Cases):
- The death penalty is a contentious issue in India.
- The 2012 Nirbhaya gang-rape case led to the execution of four convicts.
- Another famous case involved Muthalagu’s execution in 2004 for the murder of a family of five.
- The assassination of Indira Gandhi in 1984 also saw death sentences for the convicts.
|
Arguments in favour of death penalty |
Arguments against death penalty |
|
|
More Articles
Courses
Study
Notes
Home
Resources
More
