ibnlive » Chat

5.30 pm Sep 13, 2013

Is death sentence a real deterrent in cases like Delhi Braveheart?

All four convicts in the brutal gang rape and murder of Delhi brave heart have been sentenced to death by a court in Delhi. The sentencing has once again brought the focus back on the capital punishment. But, will the death really serve the purpose? Join a live chat at 5-30 PM.
12 questions answered
  • I think sir, we need to think out of the box and find out solutions for prevention of crime. For eg: If the people of India were to follow disciplined on the road, we could say get 30% more people for policing. Sadly, in India every buck stops with the govt and politician. No one wants to take social responsibility. Your take sir Asked by: Narayan
  • Mrinal Satish Social responsibility is certainly important. As you say, we don't believe in self discipline. In cases of sexual violence, it is important that we focus on changing mindsets of people, and perceptions towards women. The responsibility of bringing about such change lies with each one of us, and not necessarily with the government.
  • It is an open and shut case. What was there to debate? Asked by: Kushal, Bangalore
  • Mrinal Satish The Constitution of India provides a right to be tried fairly in a court of law. That is a fundamental right that every person has. Even if it was assumed to be an open and shut cases (based on the little information that we had), it is essential that the prosecution proves each fact that the police claim occured, in a court. It is only a court that can find a person guilty of an offence, and punish him/her as per the law.
  • Death is no the real deterrent the best deterrent is enforcing laws strictly and installing the fear of law in the mind of criminials Asked by: balaji
  • Mrinal Satish I agree. The certainty of punishment is as important as the severity. That is what the theory of deterrence says. So, enforcement of laws is really important.
  • i believe in this case the minor had done more harm to the girl so we need to look severe punsishment for juvinille Asked by: balaji
  • Mrinal Satish As per current law, the juvenile has been given the maximum punishment that he could have been given by the Juvenile Justice Board.
  • Was the judge under pressure to sentence them? Asked by: Abrajit, Malaysia
  • Mrinal Satish I don't think it will be fair to say that.
  • Do you really think that it is a rarest of the rare case? Asked by: Gay, Mumbai
  • Mrinal Satish That is a very difficult question to answer, if you go by the conflicting signals that the Supreme Court has given. Rarest of rare is a relative category, as per the Supreme Court. While sentencing a person, in cases where death penalty is an option, the Court has to look at both the crime, and the criminal. There have been cases worse than this, where the Supreme Court has said that it is not a "rarest of rare" case. If you look at the current position, it appears that the court found this to be a "rarest of rare" case based on the brutality of the offence, and was not convinced by the mitigating factors argued by the defence.
  • For a crime there should be appropriate punishment… Justice not done with death penalty.. Asked by: Arun
  • Mrinal Satish Well, thats the maximum punishment that the law provides!
  • The question is flawed since the death sentence is to punish the guilty and not a message from Judiciary to deter people from committing this crime. What do u say? Asked by: Sriram
  • Mrinal Satish There are two types of deterrence - general and specific. General deterrence is to prevent other people from committing crimes. Specific is to prevent the person who is being sentenced from committing a crime. So, sentencing serves the purpose of not only punishing a person for a crime that he/she commits, but also to send a message out to society (deterrence).
  • Finally, justice done. But, how can a rapist escape because he is a juvenile? Asked by: Kannan, Chennai
  • Mrinal Satish He has not escaped. He has been given the maximum punishment that the current law provides for.
  • Don't we have too many laws in India? What is the use of too many? Asked by: Ram Mohan
  • Mrinal Satish Not necessarily. We need laws to regulate various things. Having no laws might lead to chaos.
  • shouldn't there be debate to revive the age old punishment laws in india? y are we not focussing to make these culprits getting punished and live as living examples for future crimes to stop? I believe no one has the right to take someone’s life Asked by: Arun
  • Mrinal Satish What were age old punishments in India? What about the Constitution of India? We have a certain scheme of punishments that have been provided, which are in tune with our constitutional values. I agree with you that no one has a right to take someone's life. But, punishment has to be provided according to the law that we have.
  • Normal death sentence ( to be hanged till death ) is no real deterrent. Sentence should read 'to be tortured in similar brutal way to death'. It cant happen in India.. Agree or disagree ? Asked by: Mukund
  • Mrinal Satish It cant happen in India because we have certain constitutional values which does not permit barbaric punishment.

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Mrinal Satish
Professor, National Law University, Delhi