(Pics) Nirbhaya case: Judicial terms you should know

New Delhi, Sept 13: As we wait for the Nirbhaya case closure with a bated breath, we understand that the case is not simple and neither is the judgement.

The judge cannot work under public pressure and neither can he let go off the charges casually. Afterall, the verdict needs to be echoed as an example of justice meted out on cruelty, brutality and murder. Moreover, the judgement is likely to set new standards for the Indian judiciary system.

But let us first understand the judicial terms associated with the case as this would help us understand the gravity of the case. Here's how:

'Rarest of the rare' case: Per the Supreme Court, "rarest of the rare" cases invoke capital punishment, especially when it involves "murder in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community".

The court further states that a convict can be sentenced to death "if the crime is enormous in proportion". This means that multiple murders or attempts to murder are committed targeting all or almost all members of one family, or a number of people of a caste, community or locality.

In Nirbhaya's case, the atrocities meted out on her were pre-planned. The convicts confessed that they were on a joy ride and had intentions of gaining sexual pleasure enroute. The convicts lured the victim and her friend inside the bus and gangraped her, after beating the male friend ruthlessly.

After raping her by turns, the men pulled out her internal organs with an iron rod and hands. Having done that, they threw her and the male friend out of the running bus and tried to run over them to kill them. They tore apart the clothes of Nirbhaya and used them to wipe the bus floor off the blood stains and the organs.

Nirbhaya's clothes were torn apart and used for cleaning blood stains, organs.

Capital punishment: Usually a death penalty or sentence when a person is executed as a punishment for the crime committed. The name roots from the Latin term 'capitalis', which means "regarding the head" (referring to execution by beheading). It also refers to the terms 'Capital offence' or 'capital crimes'.

In the Nirbhaya case, both the public and the prosecution have demanded capital punishment for the convicts, which means death sentence. Although the defence pleads that some leniency be shown to the convicts as there are no previous criminal records against them, there are high chanches that they would ultimately be sent to the gallows.

Quantum of punishment: A term that has been occurring very frequently since Wednesday, this refers to the statement or judgement that the court passes against a convict after one or multiple hearings in a crime. As per criminal lawyer Justice Aftab Alam,"it should acknowledge the sanctity of human life and hence not just an act, but its result must weigh heavy while ascertaining adequate penalty."

He further added,"The question of consequences of criminal action can be relevant from both a proportionality and deterrence standpoint. Insofar as proportionality is concerned, the sentence must be commensurate with the seriousness or gravity of the offence. One of the factors relevant for judging seriousness of the offence is the consequences resulting from it."

The Nirbhaya case sent ripples of shock and protest through the society. The consequences and the furore of the public has reached International borders and the gravity of the crime criticised across the world.

Now that we know on what basis the convicts were found guilty, there is no reason to believe that they would be let loose with a life sentence, which is nothing in proportion to the brutality they have meted out on Nirbhaya.

In New Delhi

People shout slogans as they stage a protest outside Saket court demanding death sentence for the convicts of Dec 16 Delhi bus gang rape case, in New Delhi on Wednesday.

In New Delhi

Four convicts of the Dec 16 Delhi bus gang rape case being taken to Saket court for the pronouncement of sentence in the case, in New Delhi on Wednesday.

In New Delhi

Defence Lawyer A P Singh talks to media after a hearing in the Dec 16 Delhi bus gang rape case at Saket court, in New Delhi on Wednesday.

In New Delhi

People holding protest outside Saket court demanding death sentence for the convicts of Dec 16 Delhi bus gang rape case, in New Delhi on Wednesday.

In New Delhi

A protester waves her sandal as she tries to hit Defence Lawyer A P Singh for defending a convict in the Dec 16 gang rape case, outside the Saket court in New Delhi on Wednesday.

In New Delhi

People holding protest outside Saket court demanding death sentence for the convicts of Dec 16 Delhi bus gang rape case, in New Delhi on Wednesday.

In New Delhi

Defence Lawyer A P Singh reacts physically to a protester heckling him for defending a convict in the Dec 16 gang rape case, outside the Saket court in New Delhi on Wednesday.

In New Delhi

Clockwise from top left- Akshay Kumar, Pawan Gupta, Vinay Sharma and Mukesh Singh who are convicted in the Dec 16 gang rape case.