RAPE

harithashobha (Querist) 31 January 2010 This query is : Resolved
SIR WHAT ABOUT GIVING DEATH SENTENCE FOR RAPE WITHOUT MURDER? CAN A STATE GOVERNOR MAKE AN ORDINANCE WHICH GIVES COMPULSARY DEATH PENALTY FOR RAPE . WILL IT BE UNCONSTITUTIONAL TO DO SO ?WHAT ARE THE LIMITATIONS IN DOING SO?

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R.R. KRISHNAA (Expert) 31 January 2010
Only an amendment in the Indian Penal Code could confer power on courts to punish rapist with death sentence. Governor has no powers on this issue.

Parliment has to take steps.

Guest (Expert) 31 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE RAPE CASE AND PUNISHMENT KINDLY NOTE THAT.

1.RAPE IS OFFENCE AGAINST FEMALE AND SECTION 376 OF INDIAN PENAL CODE PROVIDES FOR THE PUNISHMENT FOR THE SAME.
2.KINDLY NOTE THAT ANY LAW PROVISION OR ANY AMMENDMENT SHOULD BE AS LAID DOWN IN THE PROCEDURE.PARLIAMENT HAS THE RIGHT TO MAKE AMMENDMENT AND AFTER BOTH THE HOUSES PASS THE SAID ACT ,PRESIDENT WILL SANCTION THE AMMENDMENT IN THE SAID LAW PROVISIONS.
3.KINDLY NOTE THAT THOUGH YOUR SUGGESTIONS ARE JUST AND PROPER STILL IT SHOULD GO THROUGH THE LAW AMMENDMENT PROCEDURE LAID DOWN ,PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR SEND DETAILS WILL HELP YOU.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

B K Raghavendra Rao (Expert) 31 January 2010

Penal Code is in the central list. A state governor cannot issue an ordinance on this subject. It would be ultravires of constitution. Only centre can amend penal code at the parliament to make it a law.

Raj Kumar Makkad (Expert) 31 January 2010
Even President of India at his own cannot do so without the provision inserted in the law by legislation.

G. ARAVINTHAN (Expert) 07 February 2010
Parliament is the only power as our constitution has conferred powers on parliament to enact law

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