LEGAL VIEW ON RAPE



Rape is not committed on individuals rather it is committed on the collective conscience of the society. Females are most vulnerable part of the society. They are susceptible due to criminal behavior of pervert mindsets. No doubt society always has a role to play to minimize / diminish this social evil. But a ideal society i.e. Utopian Society exists only in ideas instead of existing in reality.

In order to overcome this problem the law makers across the world have enacted many laws. India is one of those countries which has inserted appropriate provisions in Indian Penal Code 1861. Section 375 contains the definition of rape. Section 376 of IPC provides for the punishment to the accused.

In common man’s language we are trying to give overview of the definition of rape given under section 375 of IPC. It is to be noted that always a male can be prosecuted under this section and no female can ever be charged with commission of rape. In other words the female cannot be an accused of commission of rape.

We are giving the definition of rape and sexual assault in common mans language so that it can be understood easily. After the amendment of IPC in view of Justice Verma Committee Report more stringent law has come into force we are not dealing with the earlier provisions rather we are confining ourselves to the new law. In order to avoid any confusion.

A minor change was introduced in the year 2012 and later after the shocking incident of Delhi gang rape case which is known as “NIRBHAYA CASE”, the Government of India constituted a committee under former Chief Justice of India, Hon’ble Mr. Justice J.S. Verma which is popularly known as JVC which studied the existing provisions of IPC relating to sexual exploitation including rape.

Justice Verma Committee recommended several amendments in Indian Penal Code 1861, Code of Criminal Procedure 1973 and Indian Evidence Act 1872. Justice Verma Committee has tried to bring in the changes so that the victim can get full justice as conveniently as possible.

It is relevant to mention here that the wheel of justice is set into motion after the victim lodges a complain with the police station concerned. The FIR is registered by a female officer so that the victim can comfortably narrate the whole story. After the registration of FIR the statement recorded during the course of investigation is executed by a female officer only. There is also provision that the victim will get legal as well as medical assistance by health care worker or a WOMEN’s ORGANISATION. Besides that in case of victim being disabled, the statement will be taken at a place which suits the victim in presence of a special educator. There is also a provision that the same shall be videographed also. The recording will be done by Judicial Magistrate under Section 164(5) (a) of Cr.PC.

The new law also provides for better protection in case of marital rape in other words the rape committed by husbands over their wives. Under section 198(b) of Cr.PC that provides for provisions relating to mental rape clearly provide that such complain can be lodged against husbands by their wives only.

Section 273 of Cr.PC provides for protection were the evidence of the person below 18 years who has been subjected to sexual assault is being recorded, the court will ensure that person will not be confronted by the accused.

Besides that Section 357 Code of Criminal Procedure also provides for compensation to be paid to the victim.

So far as the amended portion of Indian Evidence Act 1872 is concerned Section 53A stipulates that evidence of character of previous sexual experience will not be a relevant ground in certain cases.

Section 114A of Indian Evidence Act provides for absence of consent in certain cases of rape, in other words if victim alleges anything with regard of commission of rape then it will be presumed that the consent of victim was absent.

Section 119 of Indian Evidence Act provides for protection to dumb witnesses in case of witness being a dumb person then the assistance of special educator or interpreter will be taken. The proceeding shall also be videographed.

For better appreciation of the earlier provisions and the amendment introduced in the year 2012 and the amendment introduced in view of the Justice Verma Committee Report a table is a given herein below, which is as follows:


Section

Indian Penal Code, 1860

Criminal Law
(Amendment) Bill, 2012
(2012 Bill)

Justice Verma Committee
Recommendations
(JVC)

Criminal Law (Amendment)
Ordinance, 2013

100

Right of Private Defence of the body extends to causing death, if the assault is committed with the intention of committing rape or gratifying unnatural lust.

No Change

Includes right to private defence in case of acid attack.

Accepted the JVC in full.

S. 166A

--

New S. 166A: Public Servant disobeying directions under law which prohibits him from requiring attendance of any person or where he knowingly disobeys the law regulating the manner in which investigation will be
conducted.

Retained New S. 166A.
New Ss. (c) - Non- recording of FIR in relation to sexual offences is made a punishable offence.

Retained New S. 166A with New Ss. (c) - Non- recording of FIR in relation to any cognizable offence is made a punishable offence. Particular mention of non- recording in case of sexual offences is made.
Thus, retained as in the JVC, with changes.

326A

--

New S. 326A: Hurt by Acid
Attack- Damage or grievous hurt caused by acid.

New S. 326A Voluntarily
causing grievous hurt through use of acid, etc.
Amended to expand it beyond acid to any other means with similar result.

New S. 326A Voluntarily causing grievous hurt through use of acid, etc.
Retained as in JVC.

 

--

Punishment:imprisonment
of either description for 10
years to life and Fine upto 10 lakh rupees which will be given to the complainant.

Punishment: RI for 10 yrs to life and Compensation for medical expenses.

Punishment: Imprisonment of
either description for 10 yrs to life and Fine upto 10 lakh rupees to be given to complainant.

Retained as in the 2012 Bill.

 

--

--

Explanation 1- Permanentor
partial damage includes female circumcision or mutilation of her genitals.

Female circumcision or mutilation of her genitals was not accepted.

 

--

--

Explanation 2 - The damage will not be required to be irreversible.

Explanation 3- The damage will not be required to be irreversible.The explanation was added after S. 326B, and applies
to S. 326A and 326B.

326B

--

S. 326B: Throwing or
attempting to throw or
administer acid. (In the previous section, injury is
necessary. This section does not talk about injury)

S. 326B: Voluntarily throwing or attempting to throw acid, etc.

S. 326B: Voluntarily throwing or attempting to throw acid.

 

--

Punishment: Imprisonment
of either description for 5 yrs to 7 yrs and Fine.

Punishment: RI for 5 yrs to 7 yrs and compensation for medical expenses of victim.

Punishment: Imprisonment of either description for 5 yrs to 7
yrs. and Fine.

Retained as in the 2012 Bill.

354

Assault or Criminal Force to Woman with intent to outrage her modesty.

Substantive offence not
changed.

New S. 354: Sexual Assault and Punishment for Sexual Assault. It collapsed the distinction
between sections 354 and 509 and brought it within one section. This section includes intentional
non-consensual touching of a sexual nature as well as words, acts and gestures which create
an unwelcome threat of a sexual nature or result in unwelcome
advance. It includes display and dissemination of pornographic material.

S. 354: Assault or Criminal Force to Woman with intent to outrage her modesty.

JVC was not accepted.

Retained section 354 as provided in the
IPC.

 

Punishment: Imprisonment of either description upto 2 yrs or Fine or both.

Punishment: Imprisonment of either description for 1 yr to 5 yrs and Fine not less than 1000 rupees.

Punishment: Graded
punishment- tactile offences are punishable upto 5 yrs RI or Fine
or both; non-tactile offences are punishable upto 1yr imprisonment of either description or Fine or both.

Punishment: Imprisonment of either description for 1yr to 5 yrs
and Fine, as in the 2012 Bill.

Sexual
Harassment

--

--

--

New Section 354A on Sexual Harassment based on the guidelines given in the Vishaka judgment. Provides that unwelcome physical contact, request for sexual favors, sexually
coloured remarks, forcibly
showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual
nature will be punishable.
Punishment: It grades the
punishment where offences of unwelcome physical contact and
demand for sexual favors are punishable with RI upto 5 yrs or Fine or both. The other offences such as making sexually coloured
remarks, forcibly showing
pornography and any other
unwelcome physical, verbal or non-verbal conduct of sexual nature are punishable with
imprisonment of either
description upto 1 yr or Fine or both.

Assault or use of criminal force to women with
intent to disrobe her.

--

--

New S. 354A: Assault or use of criminal force to women with intent to disrobe her. Whoever assaults or uses criminal force or abets such act
with the intention of disrobing a woman or compelling her to be
naked in any public place will be punished.

Punishment: Imprisonment of either description for 3 yrs to 7
yrs and Fine.

New S. 354B: Assault or use of criminal force to women with intent to disrobe her.

 

Retained as in the JVC.

Voyeurism

--

--

New S. 354B: Voyeurism -
Watching a woman engaging in a private act when she does not
expect to be observed.
Punishment
On first conviction, punishable with imprisonment of either
description for 1yr to 3 yrs and Fine.
On subsequent conviction,
punishable with imprisonment of either description for 3yrs to 7 yrs and Fine.

New S. 354C: Voyeurism-
Retained as in the JVC.

Stalking

--

--

S. 354C(1): Stalking-
Following or contacting or
attempting to contact a person or monitoring the person digitally or spying on the person in a manner, which interferes with the mental peace of the person.

Punishment: Imprisonment of either description for 1yr to 3
yrs and Fine.

S.354D: Stalking-
Retained as in the JVC.

370

Buying or disposing of any person as a slave.

No change.

Replaced with Trafficking –
Recruiting, transporting,
harboring,transferring or
receiving person by means of threat, coercion, abduction,deception, abuse of power or
inducement for the purpose of exploitation is trafficking.
Explanation 1: Exploitation
includes prostitution, other
sexual exploitation, forced
labour, slavery, servitude,
removal of organs.
Explanation 2: Consent of the victim is immaterial to the offence.

370: Trafficking
Retained as in the JVC.

 

Punishment:
Imprisonment of either
description upto 7 yrs and Fine.

--

Punishment:
RI for 7 yrs to10 yrs and Fine. Where two or more persons are trafficked: RI of 10 yrs to life, with Fine.
Where a minor is trafficked: RI of 10 yrs to life. Where two or more minors are trafficked: RI of 14 yrs to life.Repeated trafficking of minors, or where police officer or public servant is involved in trafficking of minor: Imprisonment for life,
without parole.

Retained as in the JVC.

Employing of a
trafficked person

--

--

S. 370A: Employing of a
trafficked person -
Ss.(1)Knowingly employing a trafficked child.

Punishment: RI for 5 yrs to 7 yrs and Fine. Ss.(2) Knowingly employing a
trafficked adult.

Punishment:RI for 3 yrs to 5 yrs and Fine.

S. 370A: Employing of a
trafficked person.

Retained as in the JVC.

375 Rape

Rape

Sexual Assault

Rape

Sexual Assault

 

Perpetrator is male and victim is female

Perpetrator and victim are
gender neutral

Perpetrator is male and victim is gender neutral

Perpetrator and victim are gender neutral

 

Limited to penile vaginal
penetration

Ss. (a) Penetration for sexual purpose into anus, vagina, urethra, mouth by penis or any object.

Ss. (a) Penetration by penis or object into anus, urethra, vagina only. Deleted penetration into
mouth.

Ss. (a) Penetration by penis into anus, mouth, vagina or urethra.
Deleted sexual purpose introduced in the 2012
Bill. Ss. (b) Penetration by object into anus, vagina, urethra, mouth.

 

--

Ss. (b) “manipulates any part of the body of another person so as to cause penetration of the vagina or anus or urethra or mouth of such person by
any part of the other person’s body”

Ss. (b) “manipulates any part of the body of a person so as to cause penetration of the vagina
or anus or urethra of another person”

Ss. (c) “manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any pert
of body of such person or makes the person to do so with him or any other person”

 

--

Ss.(c)Engages in cunnilingus or fellatio.

Ss. (c) Engages in cunnilingus or fellatio.

Deleted cunnilingus or fellatio. New Ss (d) - applies his mouth to
the vagina, urethra, anus, penis of another person or makes the other person do so to him or any other
person.

 

--

--

--

Ss.(e) Touching vagina, anus , breast, penis of the complainant or making the complainant touch the accused’s vagina, anus, penis, breast or that any of any other person.

 

 

Exception for medical or
hygienic purpose added for
penetration by any part of the body as well as object.

Exception for medical or
hygienic purpose made only for penetration by object.

Exception for medical or hygienic purpose made for all the above.

 

Firstly
Against her will.

Firstly
Against the other person’s
will.

Firstly
Against the person’s will.

Firstly
Against the other person’s will.
No change.

 

Secondly
Without her consent.

Secondly
Without the other person’s
consent.

Secondly
Without the person’s consent.

Secondly
Without the other person’s
consent.
No change.

 

Thirdly
With consent, where consent is obtained by putting her or any other person in fear of hurt or
death.

Thirdly
With consent, where consent is obtained by putting the person or any other person in fear of hurt or death.

Thirdly
With consent, where consent is obtained by putting the person or any other person in fear of
hurt or death.

Thirdly
With consent, where consent is obtained by putting the person or
any other person in fear of hurt or death.
No change.

 

Fourthly - rape committed by accused by impersonation of
husband

No change

Fourthly amended. Rape
committed by impersonation expanded to include impersonation by accused of anyone to whom the complainant would have consented.

Fourthly– sexual assault
committed by impersonation by
accused of husband.
Thus, JVC rejected.

 

Fifthly
Where consent is given by reason of unsoundness of mind or intoxication.

Fifthly
Where consent is given by
reason of unsoundness of
mind or intoxication.

Fifthly
Where consent is given by
reason of unsoundness of mind or intoxication.

Fifthly
Where consent is given by reason of unsoundness of mind or intoxication.

No change.

 

Sixthly - the age of consent is sixteen.

Sixthly amended to increase the age of consent to eighteen.

Deleted age of consent from the definition of rape, and introduced a new section on underage rape.

Sixthly amended to increase the age of consent to eighteen years.
Retained as in the 2012 Bill.

 

--

--

Introduced new sixthly for cases where the person is unable to communicate consent, expressly or impliedly.

New seventhly for cases where person is unable to communicate consent.
JVC accepted, with changes.

 

Marital Rape Exemption retained,wife not being under fifteen years of age

Marital sexual assault
exemption retained, wife not being under sixteen years of age.

Marital rape exemption deleted

Marital sexual assault exemption retained, as in the 2012 Bill.

 

--

--

Positive definition for consent to mean unequivocal voluntary
agreement, introduced.

Positive definition of consent.

Retained as in the JVC.

 

--

--

Explanation III and proviso:
Existing marital relationship or lack of physical resistance will not amount to consent.

New Proviso: Lack of physical resistance will not amount to consent. Retained as in the JVC.
Explanation III stating existing marital relationship will not amount to consent, as in the JVC deleted.

376(1)
Punishment for Rape/Sexual Assault

Imprisonment of either
description for 7 yrs to life or upto 10 yrs and Fine.

Imprisonment of either
description for 7 yrs to life
and Fine.

RI for 7 yrs to life and
compensation for medical
expenses.

Imprisonment of RI of either description for 7 yrs to life and Fine.
Retained Fine as per IPC and 2012 Bill. Payment of
compensation, as in the JVC dropped.

 

Punishment for marital sex when wife is 12-15 yrs of age:
Imprisonment upto 2 yrs or Fine or both.
Age of consent is 16, however
marital sex when wife is between 15 yrs and 16 yrs of age is not rape, as per the exception to s.375.

Punishment for rape of wife who is below 16 yrs of age is given by s. 376(2).
Age of consent is 18,
however marital sex when
wifeis between 16 yrs and18 yrs of age is not sexual assault, as per the exception to s. 375.

Recognised marital rape by deleting marital rape exemption.
Age of consent is 16 and thus marital sex with wife of 16-18 yrs is not punishable.
Punishment for marital sex
when wife is 16 yrs of age or below has been given under s.376B.

Punishment for marital sex when wife is under 16 yrs is given under S. 376(2).
Age of consent is 18, however marital sex when wife is between 16-18 yrs of age is not sexual assault, as per the exception to s. 375.

376(2)
Punishment for
aggravated sexual
assault

Ss. (a) Rape by police officer of a woman.

Ss. (a) Sexual Assault by
Police Officer -Amended to
make perpetrator and victim gender neutral.

Ss. (a) Rape by Police Officer -
Amended it to include situations when the police officer is not on duty provided other conditions
are met such as rape being
committed within the premises of the police station or station house et al.

Ss. (a) Sexual Assault by police officer.

Retained as in the 2012 Bill.

 

--

--

Ss. (b) Rape committed by
armed forces, introduced.

Ss. (c) Sexual Assault committed by armed forces.

Retained as in the JVC.

 

Ss. (b) Rape by public servant

Ss. (b) Sexual Assault by
public servant is amended it to make it gender neutral for perpetrator and victim

Ss. (c) Rape by public servant, retained as in the 2012 Bill, with some marginal changes.

Ss. (b) Sexual Assault committed by Public Servant

Retained as in 2012 Bill.

 

Ss. (c) Management or staff of jail, remand home or other place of custody

Ss. (c) Management or staff of jail, remand home or other place of custody
Retained the IPC section.

Ss. (d) Management or staff of jail remand home or other place of custody.
Retained the IPC section.

Ss. (d) Management or staff of jail remand home or other place of custody.
Retained the IPC section.

 

Ss. (d) Management or staff of hospital takes advantage of his official position

Ss. (d) Management or staff of hospital commits sexual assault on person in the hospital

Ss. (e) Management or staff of hospital commits rape on patient in the hospital.
Retained, as in the 2012 Bill
with minor changes.

Ss. (e) Management or staff of hospital commits sexual assault on person in the hospital.
Retained as in the 2012 Bill.

 

 

New Ss. (e) Sexual Assault
by relative or person in
position of trust or authority.

Ss. (g) Rape by relative,
guardian, teacher, person in position of trust or authority.

Provision expanded.

Ss. (f) Sexual assault by Relative, guardian, teacher, person in
position of trust or authority.
Retained as in JVC.

 

Ss.(e) Rape of pregnant woman

Ss. (f) Sexual Assault of
pregnant woman. Reframed as sexual assault.

Ss.(f) Rape of Pregnant Woman.
Reframed as rape.

Ss.(g) Sexual Assault of pregnant woman. Reframed as sexual
assault.

 

Ss.(f) Rape of woman when she is under 12 yrs of age.

Ss. (g) Sexual Assault on
person who is under 18 yrs of age

Introduced new section S. 376B.
Removed underage
rape from S.376(2).
Proviso : Marital sex with
underage person is made a punishable offence

Ss. (h) Sexual Assault on a person when the person is under eighteen years of age.
Proviso on marital sex with
underage person being a
punishable offence, as in the JVC deleted.
Retained as in the 2012 Bill.

 

Ss.(g) Commits gang rape

Ss.(h)Changed gang rape to “having common intention in the furtherance of the intention commits sexual assault”

New S. 376C: Gangrape.
Removed gangrape from S. 376(2).

New S. 376D: Gangrape.
Removed gangrape from S. 376(2).

 

--

--

New Ss.(h) Rape on person incapable of consenting due to
fear of death or hurt;
intoxication or unsoundness of
mind; or someone who is unable to communicate.

New Ss.(i) Sexual Assault on person incapable of giving consent.

Retained the JVC with changes.

 

--

Ss.(i) Sexual Assault by a
person in a position of
economic or social or
political dominance

Deleted in the JVC.

Ss.(j) Sexual Assault by a person in a position of economic or social dominance.

Retained as in the 2012 bill, but deleted political dominance.

 

--

New Ss. (j) Sexual Assault
on person suffering from
mental or physical disability

No separate section on
disabilities.

However, it is covered in ss.(h).

New Ss. (k) Sexual Assault on person suffering from mental or physical disability.
Retained as in the 2012 Bill.

 

--

New Ss. (k) Sexual Assault
which causes grievous harm or disfiguring or maiming or endangering the life of the person

Ss. (i) Rape which causes
grievous harm or disfiguring or maiming or endangering the life of the person.

Retained as in the 2012 Bill.

Ss.(l) Sexual Assault which
causes grievous harm or
disfiguring or maiming or
endangering the life of the person.

Retained as in the 2012 Bill.

 

--

New Ss.(l) Persistent sexual assault

Ss.(j) Persistent Rape.

Ss.(m) Persistent Sexual Assault.

 

Punishment: RI for 10 yrs to life and Fine.Provided that courts may for adequate reasons impose a lesser sentence of either description for a term of less than ten years.

Punishment: RI for 10 yrs to life and Fine.
Court’s discretion to impose a reduced sentence deleted.

Punishment: RI for 10 yrs to life and Compensation for medical expenses of victim.
Court’s discretion to impose a reduced sentence deleted.

Punishment:
RI of 10 years to life and Fine.
Court’s discretion to impose a
reduced sentence deleted.
Retained as in the 2012 Bill.

 

Punishment for
causing death or
persistent
vegetative state
due to rape or
sexual assault.

-

 

--

 

New S. 376(3) Rape resulting in
vegetative state or causing
death.

 

Section 376A: Sexual Assault
resulting in vegetative state or
causing death.

 

--

--

Punishment: RI for 20 yrs to
life, without parole.

Punishment: RI for 20 yrs to life,
without parole or death penalty.
Retained as in the JVC.

Rape/Sexual
Assault by a
husband upon his
wife during
separation

S. 376A Rape by a husband on
wife during separation.

S. 376A Sexual Assault by a
husband upon his wife during
separation.
Retained substantive
provision, as in the IPC.

Deleted

S. 376B Sexual Assault by a
husband upon his wife during
separation.

 

Punishment: Imprisonment of
either description upto 2 yrs and
Fine.

Punishment: Imprisonment
of either description for 2 yrs
to 7 yrs and Fine.
Punishment increased.

--

Punishment: Imprisonment of
either description for 2 yrs to 7
yrs and Fine.
Retained as in the 2012 Bill.

Sexual Intercourse by a
person in Authority.

S. 376B Intercourse by a Public Servant with a Woman in his custody.

S. 376B Sexual Intercourse by a person in authority.

S. 376A Intercourse by a person in authority, public servant etc.

S.376C Sexual Intercourse by a Person in Authority.

 

--

Ss.(a) Person being in a
position of authority.

Ss.(a) Persons in position of authority or in a fiduciary
relationship.

Ss.(a) Persons in position of authority or in a fiduciary
relationship.
Retained as in the JVC.

 

--

Ss. (b) Public servant.

Ss. (b) Public servant.

Ss. (b) Public servant.

 

--

Ss. (c) Superintendent or
manager of jail, remand
home or other place of
custody established by law, or women’s and children’s institution.

Ss. (c) Superintendent or
manager of jail, remand home or other place of custody established by law, or women’s and children’s institution,
observation homes, beggar
homes, or any institution for the reception and care of women or children.

Ss. (c) Retained as in the 2012 Bill.

 

--

Ss. (d) Management or staff of a hospital.

Ss. (d) Management or staff of a hospital.

Ss. (d) Management of staff of a hospital.

 

--

Situations which will be
considered punishable-“takes advantage of the position and induces or seduces any person either in the first mentioned person’s custody or under the first mentioned person’s charge or present in the premises”

Situations which will be
considered punishable -“abuses such position or fiduciary relationship to induce any person in their custody to have sexual intercourse with them”

Situations which will considered punishable - “abuses such position
or fiduciary relationship to induce or seduce any person in the first mentioned person’s custody or under the first mentioned person’s
charge or present in the premises” Retained all situations of abuse of
power as envisaged in the 2012 Bill and the JVC.

 

Punishment: Imprisonment upto 5 yrs and Fine.

Punishment: Imprisonment of either description for 5 yrs to 10 yrs and Fine.

Punishment: RI for 5 yrs to 10 yrs and Fine.

Punishment: RI[mistake in the Ordinance – it says RI of either description] for 5 yrs to 10 yrs and Fine.

Rape of an
underage Person

S. 375 Sixthly Rape of a woman with or without her consent when she is under sixteen years of age.

S. 375 Sixthly Sexual Assault on a person with or without the person’s consent when such other person is under eighteen years of age

New S. 376B (1) Rape of an underage person- If a man has sexual ntercourse with a person below sixteen years of age with
or without that person’s consent.
Punishment: RI for 10 yrs. To life.

S. 375 Sixthly Sexual Assault on a
person with or without the
person’s consent when such other
person is under eighteen years of
age.
Did not accept the JVC.
Retained as in the 2012 Bill.

Punishment for causing death or persistent
vegetative state in the course of committing rape
of an underage person.

--

--

New S. 376B (2) Whoever
commits an offence under S. 376B (1) and thus inflicts such injury that it leads to persistent
vegetative state or death .

Punishment: RI for 20 yrs. To life, without parole.

--

Intercourse by superintendent of jail, remand home etc.

Section 376C

Deleted Section 376C, as
already included in Section
376(2)(c).

Deleted Section 376C, as
included in Section 376(2)(c).

Deleted S. 376C, as included in S. 376(2)(d).

Intercourse by member of
management of staff of hospital

Section 376D

Deleted Section 376D, as
already included in S. 376.

Deleted Section 376D, as already included in S. 376.

Deleted Section 376D, as already included in S. 376.

Gangrape

S. 376(2)(g)

S. 376(2)(h)

New S. 376C.

New S. 376D

 

--

--

Gang Rape

Sexual Assault by Gang.

 

--

--

Punishment: RI for 20 yrs to life and compensation for medical expenses.

Punishment: RI for 20 yrs to life and compensation for medical expenses and rehabilitation.

Retained as in the JVC, with minor changes.

Gang rape causing death or persistent vegetative state

--

--

New S. 376D. Gang Rape
followed by death of a persistent vegetative state.
Punishment: Life without
parole

JVC not accepted.

Punishment for repeat offenders

--

--

New S. 376E. Punishment for Repeat Offenders.

New S. 376E. Punishment for
Repeat Offenders.

 

--

--

Punishment: Life without
parole.

Punishment: Life without parole
or death penalty.

Breach of Command
Responsibility

--

--

New S. 376F Public servant in command, control or supervision of police or armed forced or assuming control lawfully or otherwise and unable
to prevent sexual offences
committed by persons who are under his or her supervision, command or control.
Punishment:
RI for 7yrs to 10 yrs.

Did not accept the JVC.

S.509: Word Gesture or Act intended to insult the modesty of a woman

S. 509 Word, Gesture or Act intended to insult the modesty of a woman.
Punishment: SI upto 1 yr or Fine or both.

No change in the substantive section.
Punishment: SI upto 3 yrs
and Fine not less than
Rs.1000

Deleted, as offences brought under new S. 354

Retained S. 509, as in 2012 Bill.

Punishment: SI upto 3 yrs and Fine. Did not quantify the amount of fine to be imposed.

INDIAN EVIDENCE ACT, 1872

SECTION

INDIAN EVIDENCE ACT,
1872

CRIMINAL
AMENDMENT BILL,
2012

J. VERMA COMMITTEE
RECOMMENDATIONS

CRIMINAL AMENDMENT
ORDINANCE, 2013

S. 53A Evidence
of character of
previous sexual
experience not
relevant in certain
cases

--

New S. 53A: Where consent is in question in the case of sexual assault, evidence of
character of victim or her/his previous sexual experience will not be relevant to ascertain consent or the quality of consent.

New S. 53A: Expanded the
section to include all sexual
offences. Thus, it includes rape
and other sexual offences.

Accepted the JVC in full.

114A

Presumption as to absence of consent in certain cases of rape.

Amended to include newly introduced sections on sexual assault.

Amended to include newly
introduced sections on rape.
Added explanation of the
meaning of “sexual intercourse”.
Thus, retained change as in the
2012 Bill.

Retained as in the JVC.

119

Dumb Witnesses

--

Substituted dumb witness for
“persons who are unable to
communicate verbally.”
Added proviso that the court
shall take the assistance of a
special educator or interpreter,
and the statement shall be
videographed

Retained, as in the JVC.

146

Questions lawful in crossexamination.

It has a proviso which says that no question will be allowed on the general
immoral character of the
prosecutrix.

Addition to the proviso -“no question will be allowed on the general immoral character of the victim or as to his or her previous sexual experience for proving such consent or the quality of
consent”.

Amended the provision of the
2012 Bill - “it shall not be
permissible to adduce evidence
or to put questions in the crossexamination of the victim as to his or her general moral
character, or as to his or her
previous sexual experience with
any person.

Retained as in the 2012 Bill.

CODE OF CRIMINAL PROCEDURE, 1973

Section

Code of Criminal Procedure,
1973

Criminal Law
(Amendment) Bill, 2012

Justice Verma Committee
Recommendations

Criminal Law (Amendment)
Ordinance, 2013

39(1)

Public to give information of
certain offences.

--

Expanded to include newly
created offences such as acid attacks.

Did not accept the JVC.

40A

Identification of Person arrested.

--

Added a proviso stating that if a disabled person is identifying the accused, the identification will take place in a manner the person is comfortable with under the supervision of a agistrate.
Added another proviso stating that if the person arrested is disabled, the identification will be videographed.

Retained as in the JVC.

154

Information in cognizable cases.

New Proviso: in case of
sexual offences, where the
informant is the woman, he
information will be recorded by a female a police officer.

Amended the proviso: In case of sexual offences, where informant is given by the complainant woman, the information will be recorded by a female police officer and the woman will get legal                       assistance and the assistance of a healthcare worker and/or a women’s organization.
Added another proviso stating that:
1) In case the complainant is disabled the information will be recorded at a place convenient to the complainant, in the presence of a special educator or interpreter as the case maybe.
2) The recording of information will be videographed.
3) The recording will be done by a judicial magistrate as per new
section 164(5)(a).

Accepted the JVC in full.

39(1)

Public to give information of
certain offences.

--

Expanded to include newly
created offences such as acid attacks.

Did not accept the JVC.

40A

Identification of Person arrested.

--

Added a proviso stating that if a disabled person is identifying the accused, the identification will take place in a manner the person is comfortable with under the supervision of a agistrate.
Added another proviso stating that if the person arrested is disabled, the identification will be videographed.

Retained as in the JVC.

154

Information in cognizable cases.

New Proviso: in case of
sexual offences, where the
informant is the woman, he
information will be recorded by a female a police officer.

Amended the proviso: In case of sexual offences, where informant is given by the complainant woman, the information will be recorded by a female police officer and the woman will get legal                       assistance and the assistance of a healthcare worker and/or a women’s organization.
Added another proviso stating that:
1) In case the complainant is disabled the information will be recorded at a place convenient to the complainant, in the presence of a special educator or interpreter as the case maybe.
2) The recording of information will be videographed.
3) The recording will be done by a judicial magistrate as per new
section 164(5)(a).

Accepted the JVC in full.

197(1)
Prosecution of
judges and public
servants

--

--

Amended - In case of sexual offences, sanction of the government will not be needed for prosecuting judges, magistrates or public servants.

Did not accept the JVC.

Cognizance in
case of marital
rape

--

--

New S. 198B : Cognizance in case of marital rape -
Complaints of marital rape can only be brought by the wife against the accused husband.

New S. 198B- Cognizance of offence - Complaints of marital sexual assault under S. 376B can only be brought by the wife against the accused husband.
Thus, retained the marital rape exemption and the new s.198B introduced in the JVC, for separated couples.

273

273 Evidence to be taken in presence
of accused.

Added a proviso before
Explanation- Where the
evidence of a person below 18 years who has been subjected to sexual assault or sexual offence is being recorded, the court will ensure that the person will not be confronted by the accused.

Retained the proviso, and
specified the sections containing the sexual offences.

 

Retained as in the 2012 Bill, with changes.

Retained the proviso, as in the 2012 Bill.

327

Court to be open, except in rape
cases where proceedings will be
conducted in camera

Retained as in IPC.
Reframed as sexual assault.

Expanded the exceptions where the trial is onducted in camera to include not only rape but all sexual offences.

Restricted in camera proceedings to sexual assault cases only.

357

Order to pay compensation.

--

New Ss. 4 - The court when imposing sentence on rape or acid attack will order the convicted person to pay compensation for medical expenses of accused.

Did not accept the JVC.