Investigation of rape cases in India, in lieu of the current legislative structure concerning the same.

1. OVERVIEW OF DIFFERENT
LAWS &
PROVISIONS OF OFFENCES
COMMITTED AGAINST
WOMEN
IN INDIA

2. PART OF A COURSE ON
‘INVESTIGATION
OF
RAPE CASES’

3. PRESENTATION
AT
CENTRAL DETECTIVE TRAINING
INSTITUTE,
GHAZIABAD
ON
01 AUGUST 2018

4. PRESENTATION
BY
Major General
Nilendra Kumar

5. A presentation intended for the allotted time of two
hours, it is meant for an audience of law
enforcement officials drawn from different States
in India with requisite field experience.
CAVEAT

6. WOMEN SPECIFIC
LEGISLATIONS
• The Indecent Representation of Women
(Prohibition) Act, 1986
• The Protection of Children from Sexual
Offences Act, 2012
• Juvenile Justice (Care and Protection of
Children) Act, 2015
Contd.

7. • Acid attack Section - 326 A & 326 B
• Sexual Harassment and outraging modesty
Section - 354 A, 354 B, 354 C, 354 D and
509
• Kidnapping and Abduction Section - 359 to
369
• Trafficking etc., Section - 370 to 374
• Rape Section - 375 to 376E.
INDIAN PENAL CODE
RELEVANT SECTIONS

8. These legislative provisions were flagged by
Central Detective Training Institute and hence
this presentation of two hours duration is
designed accordingly.

9. • These statutes have been covered in context
of different types of offences relating to
women.
• Within framework of Indian Evidence Act,
1872.
• It needs to be appreciated that these
offences may, at times, be connected to
rape.

10. CONSTITUTION OF INDIA
PROFESSES EQUALITY BEFORE LAW
Women Have Equal Protection Of Laws

11. A RECOUNT OF
FUNDAMENTAL RIGHTS
&
DIRECTIVE PRINCIPLES IN THIS
REGARD

12. ARTICLE 14
EQUALITY BEFORE
LAW
The State shall not deny to any person equality
before the law or the equal protection of the
laws within the territory of India.

13. FUNDAMENTAL RIGHTS
• ARTICLE 15 (1)
State shall not discriminate against any citizen
on ground of sex, etc.
• ARTICLE 15 (3)
The State is empowered to make any special
provision for women and children.

14. CONSTITUTIONAL SAFEGUARDS
• ARTICLE 23 (1)
Traffic in human beings and forced labour are
prohibited.

15. DIRECTIVE PRINCIPLES
OF STATE POLICY
• ARTICLE 39 (e)
The State is required to ensure that the health
and strength of women workers are not abused
and that they are not forced by economic
necessity to enter avocations unsuited to their
strength.
• ARTICLE 42
The State shall make provision for securing just
and humane conditions of work and maternity
relief.

16. FUNDAMENTAL DUTIES
• ARTICLE 51A (e)
It shall be the duty of every citizen of India to
renounce practices derogatory to the dignity of
women.

17. AIM OF PRESENTATION
The aim of this presentation is to enumerate
provisions of criminal statutes and also recent
case law concerning such cases.

18. NO OF RAPE CASES REGISTERED
FROM 2014 – 2016 IS 1,10,333
2014 36,735
2015 34,651
2016 38,947

19. CRIME AGAINST WOMEN
2014 3,39,457
2015 3,29,243
2016 3,38954

20. NEED TO KEEP IN MIND
DEFINITION IN IPC, SECTION 10
The word “man” denotes a male human being
of any age, the word “woman” denotes a female
human being of any age.

21. Hence the presentation covers sexual offences
regarding minors and toddlers too.

22. THE INDECENT REPRESENTATION OF
WOMEN (PROHIBITION) ACT, 1986
Simple Act with 12 sections.

23. PREAMBLE
THE INDECENT REPRESENTATION OF
WOMEN (PROHIBITION) ACT, 1986
An Act to prohibit indecent representation of
women through advertisements or in
publications, writings, paintings, figures or in
any other manner and for matters connected
therewith or incidental thereto.
Prohibition of advertisements containing
indecent representations of Women.

24. Indecent representation means depiction in any
manner of figure of a woman, her form or body or
any part thereof in such a way as to have the effect
of being indecent, or derogatory to, denigrating,
women or is likely to deprave, corrupt or injure
the public morality or morals.
SECTION 2
DEFINITION

25. Public morality or morals may be depraved,
corrupted or injured and become breeding
ground or contributory factor for rape or other
serious offences.

26. PROHIBITION
Section 3 – No person shall publish, or cause
to be published or arrange or take part in
publication or exhibition of, any advertisement
which contains indecent representation of
women in any form.

27. PENALTY
• First Conviction :Two years
imprisonment and fine upto Rs. 2000/-.
• Second or Subsequent Conviction : Six
months to five years imprisonment and
fine of Rupees ten thousand to one lakh.

28. THE PROTECTION OF
CHILDREN FROM SEXUAL
OFFENCES ACT, 2012
(32 OF 2012)
in short POCSO

29. PREAMBLE
An Act to protect children from offences of
sexual assault, sexual harassment and
pornography and provide for establishment of
Special Courts for trial of such offences and
for matters connected therewith or incidental
thereto.

30. DEFINITIONS
d) “Child” means any person below the age of
eighteen years.
l) “Special Court” means a court designated as
such under section 28.
m)“Special Public Prosecutor” means a Public
Prosecutor appointed under section 32.

31. SHARED HOUSEHOLD
(SECTION 2 (1) (K)
means
a household where the person charged with the
offence lives or has lived at any time in
domestic relationship with the child.

32. The Act enumerates different offences based on grade
of severity.

33. TYPES OF OFFENCES
1. Section 11 Sexual Harassment
2. Section 7 Sexual Assault
3. Section 9 Aggravated Sexual Assault
4. Section 3 Penetrative Sexual Assault

34. SEXUAL
HARASSMENT
(SECTION 11)
1. Utters, make sound, gesture or exhibits
2. Makes a child exhibit
3. Shows pornographic object
4. Repeatedly/ constantly follows, watches or
contacts
5. Threatens to use in media a real/fabricated
depiction
6. Entices or gives gratification for
pornographic purposes.

35. PUNISHMENT
(SECTION 12)
Imprisonment upto three years and liable to
fine.

36. SEXUAL ASSAULT
(SECTION 7)
1. Touches
2. Makes the child touch
3. Or does any other act with sexual intent
PUNISHMENT
(SECTION 8)
Three to five years imprisonment and also
liable to fine.

37. AGGRAVATED SEXUAL ASSAULT
(SECTION 9)
Sexual Assault assume an aggravated form
having regard to :
a) Status, authority of accused
b) Vulnerability of victim
c) Place of commission
d) Manner of commission
e) Consequences

38. AGGRAVATED SEXUAL
ASSAULT
A) Police Officers
B) Armed forces or security forces
C) Public servant
D) Management of
i) Jail
ii) Remand Home/Protection Home or
Observation Home
iii) Hospital
iv) Educational or Religious Institution
E) Gang Rape

39. F) Use of deadly weapon, fire, heated or
corrosive substance

40. Not less than five years imprisonment which may
extend from 5 to 7 years and also liable to fine.
PUNISHMENT FOR AGGRAVATED
SEXUAL ASSAULT
SECTION 10

41. PENETRATIVE SEXUAL ASSAULT
(SECTION 3)
MODE OF OFFENCE
1. Penetration
2. Insertion
3. Manipulation
4. Application of mouth

42. EFFECTS ON VICTIM
1. Grievous hurt, or
2. Bodily harm or injury, or
3. Injury to sexual organs
4. Physically incapacitates or become mentally ill
causes impairment so as to render unable to
perform regular tasks.
5. Inflicts HIV

43. 1. Mentally or physically disabled
2. More than once or repeatedly
3. Below 12 years
4. Child is related
5. Inmate of any institution providing services to
the child
6. Position of trust or authority of child.
CONDITION OF CHILD
AND MANNER

44. 7. Pregnant
8. Attempt to murder
9. During communal or sectarian violence
10.With previous conviction
11.Makes the child to strip or parade naked in
public.
Contd…

45. 12.Use of child for pornographic purposes
13.Storage of pornographic material involving
child.
Contd…

46. PUNISHMENT
(SECTION 4)
Imprisonment for not less than seven years,
which may extend for life and also liable to
fine.

47. BILL UNDER CONSIDERATION
SECTIONS 4 & 6
Provision for death penalty upon conviction
for rapes of children, girls or boys against
existing life imprisonment.
Effort to protect male child victims.

48. JUVENILE JUSTICE (CARE AND
PROTECTION) ACT, 2015 DOES NOT
DEAL WITH RAPE
It, however, deals with following offences that
may be committed in conjunction with or
prior to a rape; and therefore may become
subject matter of a charge along with rape.

49. OFFENCES
75. Cruelty
76. Begging
77. Giving intoxicating liqour or narcotic drug
or psychotropic substance
78.Using a child for vending, peddling,
carrying, supplying or smuggling drug, etc.

50. 79. Exploitation of a child employee
81. Sale and procurement for any purpose
82. Corporate Punishment
83. Use by militant groups or other adults
84. Kidnapping & abduction
85. Offences committed on disabled children
87. Abetment
OFFENCES
Contd…

51. Punishment for these offences under the
Juvenile Justice Act have been shown in
relevant sections.

52. WHAT IS THIS STATUTE?
An Act relating to children alleged and found
to be in conflict with law and children in need
of care and protection.

53. OFFENCES INCLUDED IN
INDIAN PENAL CODE
(45 OF 1860)
These offences have been covered in this
presentation serial wise.

54. ACID ATTACK
326 A. Voluntarily causing grievous hurt by
use of acid, etc.
326 B. Voluntarily throwing or attempting to
throw acid.

55. OUTRAGING MODESTY AND
RELATED OFFENCES
354. Assault or criminal force to woman with
intent to outrage her modesty.
354 A. Sexual Harassment
354 B. Assault or criminal force to woman
with intent to disrobe
354 C. Voyeurism
354 D. Stalking

56. VOYEURISM
means
the practice of gaining sexual pleasure from
watching others when they are naked or
engaged in sexual activity.

57. STALKING
means
to pursue or approach stealthily.

58. KIDNAPPING & ABDUCTION ETC.
359. Kidnapping
360. Kidnapping from India
361. Kidnapping from lawful guardianship
362. Abduction
363. Punishment for Kidnapping
363A.Kidnapping or maiming a minor for the
purposes of begging
364. Kidnapping or abducting in order to murder
364 A. Kidnapping for ransom

59. Contd…
365. Kidnapping or abducting with intent secretly
and wrongfully to confine person
366. Kidnapping, abducting or inducing woman to
compel her marriage
366A. Procuration of minor girl
366B. Importation of girl from foreign country
367. Kidnapping or abducting in order to subject
person to grievous hurt and slavery, etc.
368. Wrongfully concealing or keeping in
confinement, kidnapped or abducted person.

60. Contd…
369. Kidnapping or abducting child under ten years
with intent to steal from its person
370. Trafficking of person
370A. Exploitation of a Trafficked person
371. Habitual dealing in slaves
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour

61. RAPE
SECTION 375
FOLLOWING ACTS INCLUDED
a) Penetration
b) Insertion
c) Manipulation
d) Application of mouth

62. UNDER ANY OF THE
FOLLOWING
SEVEN CIRCUMSTANCES
a) Against her will
b) Without her consent
c) Obtained by fear
d) Knowing that he is not husband
e) Unsoundness of mind or intoxication etc.
f) Under 18 years of age
g) Unable to communicate

63. AGGRAVATED FORMS OF
RAPE SECTION 376 (2)
1) Police Officer
2) Public Servant
3) Member of armed forces
4) By staff of jail, remand home
5) By staff of hospital
6) By relative, guardian or teacher
7) During communal or sectarian violence

64. Contd…
8) Of a woman who is known to be pregnant
9) Under 16 years of age
10) Woman incapable of giving consent
11) In position of control or dominance
12) Suffering from mental or physical disability.
13)Causes grievous bodily harm or maims or
disfigures or endangers life
14)Commits rape repeatedly on same woman.

65. 376 A. Rape and causing death or resulting in
persistent vegetative state of victim
376 B. Husband upon his wife during
separation
376 C. By a person in authority
376 D. Gang Rape
OTHER AGGRAVATED
FORMS

66. 509. Word, gesture or act intended to insult
the modesty of a woman.
CHAPTER XXII
CRIMINAL INTIMIDATION, INSULT &
ANNOYANCE

67. CONVICTION RATE FOR
RAPE CASES IN INDIA
IS 27%

68. TWELVE RECENT DECISIONS
FROM SUPREME COURT
(2017 ONWARDS)

69. Emergency Response support system based
on helpline number 112, accessible through
call, SMS, email, panic button.
EMERGENCY RESPONSE

70. Facts
An eight month old female child was sexually
assaulted and was getting medical treatment at
Kalawati Hospital, New Delhi.
1. Supreme Court directed two competent
doctors from AIIM to go to Hospital and take
a decision if she should be shifted to AIIMS
for better care and treatment.
DEALING WITH POCSO CASES

71. 2. Information was sought from High Courts
about monitoring of speedy disposal of cases
under POCSO.
3. Fast track cases by not granting any
adjournments.
Alakh Alok Srivastava vs. Union of India;
2018 (7) SCALE 88
Contd…

72. 1. Measures for prevention of crimes against
women
2. Mandatory registration of FIR’s
3. Online complaint filing system
4. Increasing representation of women in
police.
ADVISORIES ISSUED TO STATES &
UT’S

73. 5. Deployment of special mahila police
volunteers
6. Activate victim compensation fund
7. Setting up of anti-human trafficking writs
8. Separate portal for cyber crime against
women and children.
Contd…

74. RAPE OF OWN WIFE
Case of sexual intercourse with own wife
aged between 15 and 18 years.
Held, rapist cannot get converted into non-
rapist merely because of his marriage with
victim.
Independent Thought vs. Union of India;
(2017) 10 SCC 800

75. Girl child below 18 years, if married is
protected under Protection of Women from
Domestic Violence Act and her marriage is
voidable at her instance under section 3 of
Prohibition of Child Marriage Act.
Independent Thought vs. Union of India;
(2017) 10 SCC 800

76. RAPE OF MENTALLY RETARDED
A case involving rape of a mentally retarded
girl. Held, Special Court has power on its own
or on application to pass interim order for
grant of compensation to meet immediate
needs.
Era vs. State (NCT of Delhi); (2017) 15
SCC 133

77. TESTIMONY OF CHILD
Case of brutal rape and murder followed by
robbery by a dismissed police constable.
Rehabilitation of testimony of child/young
witness, aged 7 years. If statement is found
natural, trustworthy and without any chance
of being tutored, it cannot be taken lightly as
mitigating circumstances.

78. Contd..
Accused is a menace and has become threat to
the society. Aggravating circumstances are
grave and far more serious as against
instigating circumstances. As such these is no
inclination to allow the review petition.
The convict was sentenced to imprisonment for
life and shall not be entitled to any remission.
BA Umesh vs. Registrar General
Karnataka; (2017) 4 SCC 124

79. RAPE OF MINOR
There was repeated rape and sodomy of minor
girl aged 7 by her guardian who wanted to
bring her up as his own daughter over a period
of time. She was subjected to beating, treated
with cruelty and harassment and ultimately
succumbed to her injuries.

80. Contd…
Findings of post mortem and DNA profile
completely supported above facts.

81. Contd…
Having regard to the nature and age of injuries,
liability of appellant for commission of offence
under Section 302 would remain in serious
doubt. The benefit of which must go in favour of
the accused.
He was held liable for offence under section 325.
Life imprisonment under section 376 (2) (f) and
377 and seven years RI under section 325 was
imposed.
Rajesh vs. State of MP; (2017) 4 SCC 386

82. FAILURE TO CONDUCT DNA
A case of rape and murder of 4 year old child
by accused aged 25.
There was failure to conduct DNA test of
samples taken from accused, or to prove the
report of DNA profiling.
Held, weight of other materials and evidence
on record will still have to be considered.

83. Contd…
Young age at which he committed the offence
taken as a mitigating factor.
He can be reformed and rehabilitated in a
circumstance that cannot be ignored.
Death commuted to life imprisonment.
Sunil vs. State of M.P; (2017) 4 SCC 393

84. ACID ATTACK
Acid attack on a young girl whose family had
refused marriage proposal from the accused.
He trespassed into her house and poured a
bottle of acid over her head. Injuries sustained
required long treatment. High Court modified
sentence of one year to 30 days.
Supreme Court restored RI for one year.
Further ordered accused to pay compensation
of Rs. 50,000 & State of Rs. 3 lakhs.
Ravada Sasikala vs. State of A.P; (2017) 4
SCC 546

85. ACQUAINTANCES RAPE/INCESTUOUS RAPE
A nine year old girl, on vacation to her grand
parents place, was raped by one of her uncles.
He criminally intimidated her not to disclose
to anyone. In next few months, she was raped
many times. She reported the case three years
later.
The defence denied the accusation and alleged
that incident would not have gone unnoticed
in a joint family house with 20-25 persons.
Contd.

86. • Her salwar kameez with blood would not
have gone unnoticed. If she had screamed. It
would too not have gone unnoticed.
• There was three days delay in lodging the
FIR.
• There was family dispute and complaint was
false.
• Conviction of accused by trial court. High
Court gave benefit of doubt to quash the
conviction.
Contd.

87. SUPREME COURT HELD
1. If prosecution version is worth believing,
case is to be dealt with all sensitivity.
2. Acquaintances rape cases are not reported
most of the time. Danger is more within than
outside.
3. Need to have a survivor centric approach
due to traumatic long lasting effects.
Contd.

88. 4. Victim of rape is not an accomplice. Her
evidence can be acted upon without
corroboration.
5. Judgment of High Court set aside. Accused
is to undergo RI for 12 years under section
376 (2) (f) and fine of Rs. 50,000/-.
State of H.P vs. Sanjay Kumar; (2017) 2
SCC 51

89. CANCELLATION OF BAIL
1. There was intimate contact between the
complainant and accused, a film producer, for over
six months. Allegations that accused had falsely
promised to marry her. On making false promises of
marriage, she was alleged to have been raped and
exploited continuously.

90. Contd…
2. Accused was granted anticipatory bail and availed
its benefit for eight months. It was later cancelled on
the ground that he had not disclosed, that he was an
accused in 2 G Spectrum case.

91. Contd…
3. Held, bail once granted should not be cancelled
unless a cogent case based on a supervening event
has been made out.
Quantum of personal bond fixed by the High Court
enhanced from Rs. 50,000/- to Rs. 10 lakhs.
Ms. X. vs. State Of Telangana; 2018 (7)
SCALE 494

92. BAIL IN CASE OF RAPE OF A MINOR
An MLA was identified as main accused in a
case of complaint of minor girl for rape. He
absconded and later surrendered before trial
court. He had threatened prosecutrix, her
family members including father & sister.
High Court granted bail to accused. Supreme
court cancelled his bail.
State of Bihar vs. Raj Ballav Prasad; (2017)
2 SCC 178

93. SEXUAL VIOLENCE DUE
CYBER ACTIVITY
Matter of videos of sexual violence. MHA identified
key words for child pornography/rape and gang rape
content search. A list of key words in English has
been compiled and circulated to content providers.
RE: Prajwala letter dt. 18 Feb 2015 video of
sexual violence; 2018 (1) SCALE 545

94. Contd…
Online cyber crime reporting has been developed
with access name ‘www.cyberpolice.gov.in.’ It now
in staging environment for testing and trial.

95. DYING DECLARATION
Death due to acid attack. Treating doctor did not
allow dying declaration on ground that victim was
responding well to treatment.
Need for evaluation of conduct of doctor for utter
disregard for professionalism.

96. DEFECTIVE OR ILLEGAL INVESTIGATION
Police have to demonstrate utmost diligence,
seriousness and promptness.
Function of judge is to find out the truth & not only
to pick up minor lapses of investigation & acquit
accused, particularly when ring of truth is
undisturbed.
Suresh Chandra Jana vs. State of West Bengal
(2017) 16 SCC 468

97. BAIL IN POCSO CASE
Names of four accused persons had figured
prominently in all material documents filed with the
charge sheet. Yet for no justifiable reasons, names of
two were deleted from charge sheet. The remaining
two prayed to Session Judge that the two persons
removed from charge sheet be also summoned.
Session Judge allowed their application and
summoned them by issue of NBW of arrest. The two
felt aggrieved and filed criminal revision in High
Court.

98. Contd…
High Court directed the two to surrender before the
trial court which would consider then regular bail
and allow it on the same day on which it was
moved.
Held, High Court had no jurisdiction to direct the
Session Judge to allow the application for grant of
bail. The judicial independence of every court in
passing the orders in cases is well settled.
Madan Mohan vs. State of Rajasthan (2018) 12
SCC 30

99. CONCLUSION
Incidents of rape continue to disturb Indian society.
Police officials by their meticulous investigation can
play a pivotal role in successful prosecution of
offenders.

100. THANK YOU