Overview: This Kanooni Dhara of the punishes a person who has committed the offence of rape and during the commission of the said offence he inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state.
When is a person said to be in a persistent vegitative state?
A person is said to be in a persistent (continuous) vegetative state when he/she is completely unresponsive to psychological and physical stimuli and are being kept alive only by medical intervention.
Ingredients :
The person must have committed the offence of rape punishable under section 376 IPC
While committing the said offence he must have inflicted an injury that causes the death of the woman or causes the woman to be in a persistent vegetative state.
Punishment: Any person liable for an offence under this section shall be punished with rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life( imprisonment for the remainder of that person’s natural life) or with death.
Composition under section 320 Cr.P.C: This section is listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Punishment for causing death or resulting in a persistent vegetative state | Rigorous imprisonment of minimum 20 years and maximum | Cognizable | Non-Bailable | Court of sessions |
| imprisonment for life or with death |
| Offence | Punishment for causing death or resulting in a persistent vegetative state |
|---|---|
| Punishment | Rigorous imprisonment of minimum 20 years and maximum |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
| Offence | |
| Punishment | imprisonment for life or with death |
| Cognizance | |
| Bail | |
| Triable By | |
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