The law related to rape cases in India 2020 explained in brief by an expert criminal lawyer for the understanding of a common man supported by some infamous rape cases in India.
Rape is an unlawful sexual activity typically involving sexual intercourse done forcibly or under threat of injury against a person’s will. Rape is a worldwide problem.
In India, Rape has been defined in Section 375 of IPC which contemplates various acts which can be termed as rape. This definition has gone several amendments and is now wider to cover various acts of rape.
375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape .
The punishment for rape is given under Section 376 of IPC which has undergone several changes through time.
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever,—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or
(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children.
Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.
For the understanding of a common man, Rape is when a person intentionally penetrates female’s vagina, anus or mouth with a penis, without her consent penetrates her vagina or anus with any part of the body other than a penis, or by using an object, without the person’s consent.
The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without her consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.
Not all cases of sexual assault involve violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress, emotional harm and injuries which can’t be seen – all of which can take a long time to recover from. This is why we use the term ‘assault’, and treat reports just as seriously as those of violent, physical attacks.
In India, 1,27,800 rape cases are pending until 2017 and the conviction rate of rape is around 27%.
Rape is a social crime hence much hue and cry are made by society when any such case is reported. Following are some of the infamous rape cases in India which lead to serious thoughts on the rape law and many protests in the society.
The official data related to rape is compiled by the National Crime Records Bureau by the Indian Government. As most of the rape cases go unreported, the actual number of rape cases happening can not be determined but the records of the reported cases of rape show an increase in rape cases in recent times.
This can be due to the reason that the cases are reported to the police now with the strengthening of the law and order and social awareness.
A notable step by the law government is the creation of the National Database on Sexual Offenders (NDSO). It was launched on September 20, 2018, launched the National Database on Sexual Offenders (NDSO). The database contains entries of offenders convicted under charges of rape, gang rape, POCSO, and eve-teasing.
The portal as of now contains 440,000 entries of cases that have been reported since 2008. It’s managed by the National Crime Records Bureau. The database is accessible only to law enforcement agencies for investigation and monitoring purposes.
The rape laws in India 2020 are thus now stringent and effective keeping in view the various cultural and social communities but the paradox is its prosecution which has gone down since last several years thus indicating that more cases are registered but fewer cases being prosecuted. The policymakers need special attention to this aspect as it is indicative of some trend that needs to be deciphered.
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