The outrage following the gang-rape of a young woman in Delhi has led to demands that capital punishment be introduced to deter rape. India should take a principled stand against death penalty including for rape. But beyond principle India must also oppose the introduction of the death penalty as it will not stop the rise in rapes or result in higher conviction rates. When rape is reported the problem is not that India does not have enough laws to adequately punish those convicted (at least for penile penetrative rape). Instead the lack of certainty in prompt police response coupled with