Recently, the Karnataka High Court refused to grant immediate bail to a 23-year-old rape accused and made a series of strong observations on the declining deterrent effect of criminal punishment. Expressing concern over what it described as a growing tendency to commit offences without fear of consequences, the Court remarked that "law has lost its teeth because we don't deal with offenders firmly" in a case involving allegations of sexual assault by a student of MIT Manipal against his classmate.
The matter was heard by Justice R Nataraj in a bail petition filed by a 23-year-old student who has been in judicial custody since April 5 in connection with a rape case registered at the Udupi Women Police Station under Sections 375(a) and 376 of the Indian Penal Code.
According to the prosecution, the complainant and the accused were classmates at the Manipal Institute of Technology. The woman alleged that in July 2023, the accused expressed his love for her and she initially reciprocated his feelings. Over time, however, she claimed to have become doubtful about his character and distanced herself from him.
The complaint states that in September 2023, the accused persuaded her to accompany him to the apartment where he was residing on the pretext of discussing their relationship. Once there, he allegedly subjected her to sexual assault against her will. The complainant further alleged that the incident left her traumatised and depressed, requiring medical treatment. She subsequently approached the National Commission for Women before lodging a formal complaint with the police.
Seeking bail, counsel for the accused argued that he had remained in custody for nearly two months and maintained that no offence had been committed. It was further contended that the allegations related to an incident that allegedly occurred almost three years earlier and that continued incarceration would have serious consequences for the petitioner's professional future.
Justice Nataraj expressed concern over what he perceived as a growing disregard for the law and a lack of fear of legal consequences among offenders. The Court observed that crimes are increasingly being committed routinely because the criminal justice system is not perceived as imposing sufficiently firm consequences on those who violate the law. Justice remarked, "Law has lost its teeth because we don't deal with offenders firmly." The Court went on to state that the ease with which offences are committed today stands in contrast to jurisdictions where punishments are considerably harsher.
Referring to punishments imposed in some Middle-Eastern countries, Justice Nataraj observed that severe penalties, including the severing of limbs of convicted offenders, may create a stronger sense of compliance with the law. The Court remarked, "If you chop leg or hand, perhaps only then people will realise to comply with law. Because we have a democracy, everybody takes it (for granted)."
The Bench also emphasised that democratic freedoms and legal protections should not be treated as a licence to disregard the law. According to the Court, people often take advantage of the rights available under a democratic system while failing to appreciate the corresponding obligation to obey the law.
While declining to release the accused at this stage, the Court made further oral observations regarding the consequences of unlawful conduct. Remarking on the need to face the repercussions of one's actions, the Justice stated, "If you eat salt, you got to drink water." The Court also indicated that a brief continuation of custody would not be unwarranted while the matter remained under consideration.
Ultimately, the Court did not grant immediate bail. Instead, it issued notice to the State and directed that the matter be listed for further consideration on June 8.
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