Should you compromise with rape victim: 376 ipc, 482 cr.p.c Part-II

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In various significant verdicts, Supreme Court has ruled that punishment to a rape convict cannot be reduced or condoned even if the victim forgave the accused and entered into a compromise with him.
Rape is a non-compoundable offence and it is an offence against society and is not a matter to be left for the parties to compromise and settle.
The court cannot always be assured that the consent given by the victim in compromising the case is genuine consent. There is every chance that she might have been pressurised by the convicts or the trauma
Such compromises, if reached, are per se illegal and the provision for a lesser punishment for heinous offences in exceptional cases cannot be treated in a casual manner.
There has been an increasing tendency amongst trial courts to permit compromises on the ground that a settlement has been reached between the rapist and the victim.
The courts have been allowing compounding in rape cases on the basis of the fact that either accused has married the victim or offered to marry the victim.
Such soft attitude of the courts was opening a floodgate for the wrongdoers where they were getting successful in their agenda in an indirect manner.
This video endeavours to reflect the correct position of law. A compromise entered into between the parties cannot be construed as a leading factor based on which lesser punishment can be awarded. Rape is an offence against society and is not a matter to be left for the parties to compromise and settle. There is every chance that the victim might have been pressurized by the convicts or the trauma undergone by her all the years might have compelled her to opt for a compromise.
The accused may use all his influence to pressurize her for a compromise. So, in the interest of justice and to avoid unnecessary pressure/harassment to the victim, it would not be safe in considering the compromise arrived at between the parties in rape cases to be a ground for the Court to exercise the discretionary power under section 482 of the Cr. P.C. either to close the case or reduce the punishment.
It is imperative to mention that the legislature through the Criminal Law (Amendment) Act, 2013 has deleted this proviso 376(2)(g) in the wake of increasing crimes against women, which empowered the court to award lesser punishment than the minimum punishment for any special and adequate reasons.
Though, the said amendment will not come in the way of exercising discretion in this case, in an exceptional case, where the Court shall use its extraordinary discretion to reduce the period of the sentence than the minimum prescribed.
Despite stringent provisions for rape under Section 376 IPC, many Courts in the past have taken a softer view while awarding sentences for such a heinous crime. That few subordinate and High Courts have reduced the sentence of the accused to the period already undergone to suffice as the punishment, by taking aid of the proviso to Section 376(2) IPC. The above trend exhibits stark insensitivity to the need for proportionate punishments to be imposed in such cases.
To conclude, it has been held by the Apex Court that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.
Disclaimer-
The information provided in this video is for general information and education of the public at large, on the request of the viewers are based on personal views and understanding of the law and not intended to constitute any legal advice. It may not reflect the most current legal developments.
The video is not for any advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever to solicit any legal work through this KZbin channel. Viewers are advised to contact their own advocate for advice.
The viewers must always do their own diligence and anyone who wishes to apply the idea/s contained in the video, takes full responsibility for it and it is done at his/her own risks and consequences. Jeevan Prakash, Advocate or any others (if any) related to the production of this video does not take any direct, indirect or express or implied or punitive, special, incidental or any other consequential damages arising directly or indirectly on account of any action taken based on this video. We are not liable for any consequence of any action taken by the viewers relying on material/information provided in the video.

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[@srishtikarnatak5446]

The way you explain each and every provision of law is so helpful. You make all the things so easy to learn thereby explaining each and every aspect of law so clearly. Thankyou so much sir.

[@mihikaminda7210]

Your clear and accessible explanation of the topic is greatly appreciated, sir. As a law student, I am grateful for this video. The discourse on rape being a crime against society as a whole is crucial, and your stance against any form of settlement is well-articulated. Your reasoning, highlighting the potential danger of promoting more crime if settlements become commonplace, underscores the importance of taking a firm stance against such practices. Criminals might perceive settlements as a norm, leading to a lack of shame and a disregard for the law. Thank you for selecting and elucidating this topic in such a straightforward manner.

[@anjaliagrawal4827]

The mentioned sections in this video are explained clearly. And on an important topic too! Great video that must be shared amongst everyone.

[@sulbhajangra424]

Sir you explain such a difficult things in really easy way, like after listening to your videos even the complex concept appear really easy. And even the one who has no background of law can understand it. Thank you sir for this legal awareness programme.

[@riyachugh]

The method of putting things are simply phenomenal,mentioned in an exceedingly easy way. It' an excellent video to clear the misconceptions of the people. Thanks Sir for covering such topic.

[@abhishekjain4521]

Such an important video for the false rape accused.

[@Deepak-tt1tg]

The topic in this video is explained so precisely that every concept can be learned quickly and precisely. This video covers every aspect of the case and answers every question. The way you put things is simply amazing. Discussed in a straightforward manner. It's an excellent video for dispelling popular myths. Thank you, Sir, for covering this subject.

[@AstitvaSharma-oy9hh]

Thank you for this opportunity, sir, this video provides in-depth knowledge. The video provides clear knowledge of Section 376 of the I.P.C.

[@epicure_person.2267]

The way you are explaining all the sections are very helpful for everyone who is watching this videos thank you so much sir for explaining so well .

[@prakhargarg2829]

The way u explained the concept is so excellent and any law aspirant who are preparing for judiciary it will be helpful and informative for his or her. Thankuu so much sir for this amazing video.

[@jeevanprakashadvocatesupre1871]

Noted your great thoughts. I appreciate your thoughts.

[@lawproficiency2125]

Thankyou so much sir for these valuable information . As a fresher law student it was highly needed . Please keep uploading more such informative videos. These videos are genuinely helping law students.

[@user-kl4nl7dh5k]

The way you explained the topic is so easy to understand, as a Law student I am thankful for this video sir.. Rape is crime against the whole society and as you explain there shouldn't be any settlement given as it will promote more and more crime in society, as criminals may think that there is settlement in every thing and will never be ashamed and never take the law seriously. Thank you for choosing this topic and explaining it in the easiest way ..

[@mittalmuskan200]

Sir, you profoundly explained concepts of law. It is very helpful for us to understand the legal point of view in relation to offences. I found your videos appreciable and knowledgeable. So, I am thankful as a law student for generating awareness amongest us with Supreme Court rulings.

[@ishani_malik]

Such an easy to understand way of teaching law, sir. we all are very thankful to you for this noble work ! thankyou so much for guiding us with an easy explanation.

[@muskansabharwal4690]

Thank you sir, for taking the time to discuss this issue and making it simple for us to grasp the principles.

[@ss_2745]

The way you explained it all sir by keeping things so simple and in a systematic manner.... It's really helpful.... Thank you sir with the help of this video I'm able to clear out all my misconceptions

[@jeevanprakashadvocatesupre1871]

Dear SS_27 Your comment sounds real and comes from the heart.

[@smritibanjare9998]

Kiya mai ek kesh ke bare me prasnl bat Kar sakti hu sir

[@shwetajakhu7001]

@@jeevanprakashadvocatesupre1871 sir 376 ki FIR hone ke bad accused victim se shadi krle or baad mein victim ko presaan kre ton kya ldke ko 376 mein saza hogi

[@mansimadnani5888]

Thank you so much sir for providing such an amazing and informative video. This video describes Section 376 of the Indian Penal Code very clearly. Thank you for this opportunity, sir.

[@tusharsinha1412]

Thank you Sir for explaining in a simple and easy way, and making the common people understand their rights and to be aware of their rights.

[@soumyaranjan702]

The best thing about the whole video was it explained complicated sections and words in very easy way. I loved the video , it was very informative .

[@RajSingh-bg7wg]

Really Understood well. The topic in this video explained so accurately that every concept can be learned very easily in a proper manner. This video covers every aspect of the case and every query is clear . Grateful for your efforts

[@diwakarprakashgarg1501]

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[@sidrac438]

Thank you soo much Sir for you valuable efforts and to make this topic this much easy and understandable. I really appreciate your hardwork.

[@hafsahbano6631]

Thank you so much sir for explaining so clearly and in such a easy way. It cleared my doubts and you have explained in such a way that no confusion can remain regarding this topic after watching this video.

[@bhanwati-606]

Dear Sir, You are an excellent speaker and educator. Your thorough explanation of the subject dispels all confusion. As related to this topic of Rape. Really thank you for sharing a video.

[@simranverma339]

SIR YOUR VIDEOS ARE REALLY HELPING THE PUBLIC TO UNDERSTAND THE LAW BETTER AND LEGAL AWARENESS WHICH IS ONE OF THE MOST IMPORTANT DUTIES OF AN ADVOCATE TOWARDS THE SOCIETY WHICH YOU ARE DOING VERY WELL.

[@jeevanprakashadvocatesupre1871]

Your comment shows that you took the lessons, not for learning but to improve our understanding.

[@komalprabhakar9524]

I appreciate you, sir, taking the time to thoroughly explain the subject and all of its facets. There should be no settlement in the case of rape because it is such a delicate subject and because it leaves its victims with lasting psychological damage.

[@durgachandrasekar8193]

Great 👍 ... Rape is very serious crime that cannot be justified simply by compensation. This concepts are very useful for all law students in India.

[@dianaaribam4912]

Thank you Sir for explaining in a simple and plain way, and making the common people aware of their rights🙌

[@shreshthatomar2933]

Thank you sir, for making us understand these laws and law topics so elegantly and delicately.

[@SCcinematic4villagers]

Your last line was superb 🙏🙏Sir all points are clearly defined by you. ❤️❤️❤️❤️

[@samridhisrivastava9160]

In my opinion, Rape cases should not be compromised since it is a wrong against the society and such compromises will further prove to be an ordeal for the exercise of justice in the State. Thanks a lot for such a meaningful session, sir.

[@riyashah6215]

Thank yoy so much Sir for explaining in depth topics in brief. As and intern your videos helps a lot since they are accurate and covers most of the points of the topics with case laws also.

[@vaishnavisharma165]

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Sir you explain many more new things and difficult things in really such an easy way, providing depth knowledge about these issues . Such an informative and wonderful video

[@AnjaliSingh-qw3zp]

Thank you so much sir for explaining us so nicely about such an important topic and making it easy to understand for everyone. I really appreciate your hard work sir.

[@jeevanprakashadvocatesupre1871]

Noted your great thoughts. I appreciate your thoughts.

[@RPSCAPO]

Thanks a lot sir for such an informative video. this video is very helpful not only for law students but also for other people to understand the concept thoroughly in a easiest way..keep sharing such an informative video..

[@sanyasuman9390]

Very insightful video. Learned about the intricacies of the mentioned sections. Great learning experience with great explanation👍.

[@ayushishrivastava7597]

Thank you so much sir for explaining us and making it easy to understand . I really appreciate your hard work sir.

[@shersinghprajapati6209]

Hi Sir Rape case ipc 376 Mamla yadi coart me appreance stage me he Agar dono paksh mamla suljhana chahte he to kya karna chahiye???

[@sanatanibhakt3372]

Ladka shadi ke liye mana kar de to rape but agar ladki shadi ke liye mana kar de to ? Her choice shadi karna na uski marji that's the bulshit law of india

[@shellvisingh874]

Thank you, sir, for simply elucidating the matter.

[@tariqueazizchoudhury390]

The way of putting things are just astounding. Discussed in a simple way. It's a great video to clear the misconceptions of the people. Thank you Sir for covering such topic.

[@jeevanprakashadvocatesupre1871]

Your comment shows your talent. God bless you.

[@tariqueazizchoudhury390]

@@jeevanprakashadvocatesupre1871 Thank You Sir.

[@umangdubey4527]

Insightful video. Very systematic and to the point analysis of the law.

[@samratsamaddar803]

Sir , all the videos that I have viewed are such easy to understand. You make us understand in such a simple manner. Thank you for such information.

[@jeevanprakashadvocatesupre1871]

Dear Samrat Samaddar Your comment is based on feeling. Good. Keep it up.

[@aryansalunke6415]

This is real and imformative video put forward to spread awarness among law graduates and the society.There should be no settlement in the case of rape because it is such a delicate subject and because it leaves its victims with lasting psychological damage.

[@manvimoudgil4826]

thankyou sir for giving in depth knowledge to us and for providing such an amazing and informative video. This video describes Section 376 of the Indian Penal Code very clearly. Thank you for this opportunity, sir.

[@ShrutiKumarishaw]

Thank you so much for sharing this video as I am a law student it is very helpful for me

[@kanishkashaktawat7219]

Thank you, sir, for explaining the topic so clearly and each and every aspect of the issue. The topic of rape is very sensitive and as it causes mental trauma to victims, there should not be any settlement, as the criminals will think there is always a way to get out of things.

[@kartikprabhudesai227]

According to me rape cases should not be compromised, it could lead to further consequences. Thank you for this informative video

[@Elizabeth-vb1zn]

I only understand little Hindi but I must say, your help is very much appreciated 🙏

[@harmandeepkaur9450]

This was really informative video. I really like the way you explain the topic sir. I appreciate your hard work for us. Thank you very much sir.

[@amanranjan4435]

Thank you so much sir for this informative video and for making it easy for us to understand. It was very helpful and I really appreciate your hardwork that you put in this video for enlightening us.

[@anshikagupta243]

thank you so much for this video sir. detailed explanation and very easy to understand!

[@sabhyabhatia2405]

Thankyou for explaining in depth sir. You made it so easy for us to understand.

[@jeevanprakashadvocatesupre1871]

You are most welcome

[@tigerfinance.]

आप ने विडियो अपलोड करना क्यों बंद कर दीया सब युटयुब चेनल से ज्यादा अच्छी ओर सही इन्फॉर्मेशन देने वाली होती हे आपकी विडियो।।।।। ।।प्लीज़ नइ नोलेज विडियो बनाऐ

[@sanatanibhakt3372]

Simple rule ha female ne agar keh diya ke uski marji ke khilaf uske sath sharirik sambandh hue ha to bas ek minute me fir hogi or arrest krke jail bhej diya jata ha

[@SurajSingh-eq7qu]

Your advice is precious knowledge for me sir.

[@devashishraturi8026]

Such informative vedio the way of presenting the law and ideas is amazing sir , thank you so much for the such details and your efforts towards the students to have more and more sharp skills about law

[@himanshidas7615]

Yes this is important that for a crime like rape settlement should not become an escape route for the rapist.thankyou so much for this informative video sir

[@jeevanprakashadvocatesupre1871]

Your comment shows that you took the lessons, not for learning but to improve our understanding.

[@Maryam-ez4pk]

Thankyou so much sir for making us understand these critical topics in such an easy way.

[@yuvrajsupare1058]

Thank you so much Sir! The video was very informative... 🙏

[@samyuktaparameswaran4180]

Thank you sir for such an informative video and enlightening us.

[@JyotsanaGahlod-zx3yp]

Than you so much sir for giving us such a wonderful explanation this kind of lecture.should be given in clg

[@sasarowa]

Wonderful information. Thank you very much sir for making such an informative video for us

[@easyblogging2.092]

Thank you sir for such a informative video heinousness cases like rape settlement should not be provided and stricken the law for the criminals.

[@sharanyasinha211]

Thank a ton for such a brilliant explanation Sir.....

[@epicure_person.2267]

Thank you so much sir for sharing this wonderful video very helpful video this video gives so much of information.

[@Apnastore65]

Beautiful, very nice and very right suggestion for settlement, Sir

[@dakshayaninagam4765]

It was really very helpful and thank you sir for your hard work that you make this video to enlightening us

[@kumkumvarshney3778]

Sir all your videos are very helpful and easy to understand I would like to say thank you to give us this opportunity to work as an intern with you, Your efforts are really appreciateble.

[@poulamidasgupta3871]

Thank you so much sir for making such a well explained and informative video🙏

[@pallapraneetha8073]

Thanks for explaining the concept in very easy way sir.

[@khushichaudhary2063]

Sir agar pidita ne accused ke bar bsr presure par or jaan se marne ke hamle kiye jane par dar ki vajha se apna byan court me thoda change kar diya or baad me aropi fir se pidita ko jaan se maarne ki dhamkiya dena ya koshish karna jaisi harkate karta ho or darakar phone par ye bolne ko majboor kare ki jo bhi f i r me tha usko bolo ki galat f.i.r thi aisa kuch nhi hua tha to kya wo recording accused caurte dikhata h to wo kya manya hogi ? Or kya pidita apna byan fir se de sakti h

[@deepakchowdhury3354]

Ha

[@mdjameel9126]

Sir bahut achi baat Apne kahi , Shadi ka parlobhan jaisi baat ko nahi rape ki sareni me nahi honi chahiye ,q ki aj kal dadki log khud living relationship me rehti h aur ,ladke ko fasa deti h ulta fulta case kr k

[@shrirudhi4735]

Informative Video. But the facts Baldev Singh & Ors vs State Of Punjab on 22 February, 2011, the accused underwent 3 and a half years of imprisonment not months

[@jeevanprakashadvocatesupre1871]

Dear Shrirudhi Basnyat Good. All the best. God Bless you.

[@parameswarsingh8325]

Thank you 💕 Sir for this awareness programme

[@kamleshbarot989]

Black mailed Person, Cheating Person Who is types of settlement?

[@kamleshbarot989]

Very nice and good Suggestion, Information and Advised.

[@amansundriyal7681]

excellent sir🙏🙏🙏🙏🙏

[@avnibhargava7629]

The video was very informative. Thank you so much sir .

[@harishh.v7391]

I am a defendant in a civil suit. The plaintiff is not leading evidence from 2 years . The judge has already given ample opportunities at cost. Will I get decree in this suit due to plaintiff not leading evidence or will the case be dismissed?

[@nitinraj1805]

Highly informative and elaborative.

[@Maulikkrishna]

एक शादीशुदा महिला जिसके दो बच्चे हैं वह एक लड़के के चक्कर में आ गई और अपने बच्चों को और पति को घर से निकाल दी और कुछ महीनों के बाद उसने उस लड़के पर 376(2)n,506,509 में केस कर दिया और फिर उसने कुछ ही दिनों बाद केस को कोम्प्रोमाईज़ कर दिया।तो क्या इस केस में कोम्प्रोमाईज़ हो जाने के बाद भी केस चल सकता है क्योंकि उसके पति को कुछ पता ही नही चला कि कब केस हुआ और कब कोम्प्रोमाईज़ हो गया

[@Nazim_saroli]

Reply Karo

[@kashishrastogi4443]

such an important piece of information

[@Lal.aman_vlogs]

धारा 320(5) इसके तहत कहा गया है कि जब अभियुक्त पर शमन करने योग्य अपराध का मुकदमा चल रहा हो या जब अभियुक्त को अदालत द्वारा दोषी ठहराया गया हो और दोषसिद्धि के खिलाफ अपील लंबित हो, तो अदालत की अनुमति के बिना इस तरह के अपराध को शमन करने की अनुमति नहीं दी जा सकती है। इससे कोई फर्क नहीं पड़ता कि अपराध को धारा 320(1) और (2) के तहत वर्ग 1 या वर्ग 2 के रूप में वर्गीकृत किया गया है या नहीं।

[@adityamishra2070]

Very fruitful session ❤️😀

[@Trusmile2002]

This is very usefull video

[@skgautam3945]

Very good Sir

[@aadyadipti1271]

Very informative and interesting vedio sir.

[@Thelawworldinstitute]

Advocate on record banne ka process kya hai vedio sare Karen sir ,🙏🙏

[@sayantaniray3906]

Thank you sir for the informative video.

[@himanshuranjan5496]

Very insightful video sir. Learned alot

[@rajwantiverma334]

Bhut ache se smjhate hai sir aap

[@sanatanibhakt3372]

Ladka ladki marji se ghar bhag jate ha kyunki pyar karte ha but ladke par kidnap or rape ka case lagta ha or wo bechara 10,20 sal jail me Marta ha

[@gerenalhelper6497]

thanks❤️

[@shwetatikam3237]

Thanks sir🙏🙏

[@user-mv9sh9sw9g]

What is law when female get pregnant after rape, and false promises of marriage. Where accused denied the pregnancy n Child, and DNA prove that child biological father is accused. What punishment he will get.

[@reenarao8494]

Hlw sir pls reply,,,sir agar saadi k jhansa dekr ladki (age 32)ne FIR drj krayi h or wo case ladki aage nhi ldna chah rhi h means wo apna bayan ladke k paksh me de rhi h to kya case me ye samjhota ho skta h,,,

[@anonymous7925-s4k]

Absolutely sir I agree with you...