A case against the death penalty for child sexual abuse

Abstract

ABSTRACT This Article critiques section 376AB of the Indian Penal Code 1860 and section 6 of the Protection of Children from Sexual Offences Act, 2012 which introduce the death penalty for the rape or aggravated penetrative sexual assault of children. It starts by analysing the incompatibility of the death penalty with the child-friendly procedures of the 2012 Act. It goes on to evaluate the constitutionality of the death penalty provisions under Articles 14 and 21 of the Indian Constitution. Further, it assesses the extent to which the extension of the death penalty for child sex abuse complies with deserts-based sentencing principle. Finally, it unpacks the implications of these penal provisions for the reformative goals of the criminal justice system.