Developing a Uniform Sentencing Policy for Rape with Special Reference to the issue of Compromise

Abstract

With the advent of a postmodern society that questions the established fabric of ‘culture’ and attempts to deconstruct conventional gender roles, various pertinent issues have emerged. One of these issues is forcible sexual assault on a woman without her consent, recognized as the offence of rape. It is considered to be one of the most heinous offences which can be committed against the person of an individual and demands urgent attention due to the spike in the rate of its occurrences. In this article, an attempt has been made to formulate a uniform sentencing policy for rape convicts and to analyse the ramifications of allowing out-of-court compromises, between the convict and the victim, upon such a policy. It begins by tracing the extent of sexual violence in India, defining and discussing the offence of rape as provided in the Indian Penal Code. Thereafter it examines how courts have dealt with the question of allowing rape convicts to make compromises with the victims by, for instance, agreeing to marry them and the effects such compromises have on the overall sentence of the offender. It further explores the need for maintain uniformity with regard to the sentencing policy for rape cases in light of the fundamental principles of sentencing laid down by Indian as well as international courts. The article concludes with certain recommendations about the creation and implementation of such a uniform sentencing policy in rape cases.