sexual offences in india , rape , 16th december delhi rape case, section 376, criminal law amendment act 2013

7. THE CRIMINAL LAW(AMENDMENT)ACT,2013
Is introduces 03/02/2013 to amend
CODE OF CRIMINAL PROCEDURE,1973
INDIAN EVIDENCE ACT,1872
INDIAN PENAL CODE,1860
By the ordinance section -
375,376,376A,376B,376C,376D of the code
have been substituted by
New section- 375 has also clarified the act
lack of physical resistance is immaterial for
constituting an offence of RAPE.

8. New Laws After
Amendment IN RAPE
(a)
Against
her will
(b)w/out
her
consent
(c)Consent
obtained
by fear of
hurt
/death
(d)With
consent
under
m/concepti
on that the
man is her
husband
(e)Consent
obtained in
intoxication
and unable
to
understand
the nature
of act
(f)With
or w/out
her
consent
,when
she is age
of 18 yr
(g)When
is unable
to
communi
-cate
consent

9. INGREDIENTS OF RAPE
FIRST -:
AGAINST HER
WILLL
1.The act must have
been done against
her opposition to it.
2.”will” implies -
:reasoning power of
mind that determines
whether to do or not.
3.Where the women
is in possession of her
sense and capable of
consenting
Second-:
w/out consent
of women
1.Consent means-:an
intelligent ,positive
,concurrence of the
“will” of the woman.
2.Consent muse
obtained prior to the
act.
3.Consent must be
given freely ,without
any fear.

10. 1.consent-: is a an act of
reason, accompanied by
deliberation , the mind
Weighing as in a balance , the
good and
Evil on each side.
2. Consent is voluntary
accordance with,
Or concurrence in, what is done
or proposed by another.
3.Consent must be
differentiated from submission.
“CONSENT”
Difference between “consent” and “will”
“WILL”
1.The expression
“against her
will”would
ordinarly mean that
2.The inter course
was done by a man
with a woman
despite her
resistance and
opposition .

11. Third-:no consent
which is obtain in
fear or fraud to a
woman
If the consent of the
woman for sexual i/course
is procured by putting the
woman in fear of not only
her death or hurt but also
of any person in whom she
is interested viz, her
husband , children or
parents
The act will fall within the
scope of rape.
Fourth -:no consent
which is obtained
under
misconception
Consent given by a
woman to a person for
intercourse believing the
person to be her husband
, whereas in fact, he is not
her husband is no consent
in law.
-In such a situation the
person knows the fact of
deception, and pretends
himself to be the husband
of the woman.

12. Fifth-:no consent in
unsoundness of
mind or in
intoxication by
woman
Who accords consent
for sexual i/course
without knowing the
nature and consequence
of the act by reason of
unsoundness of mind or
under the influence of
stupefying or
unwholesome substence
of mind with a
defective.
Sixth-:consent
obtained uder 18
year of age ,by a
woman is
immaterial
The age limit in this
clause was raised to
sixteen years by an
amendment of the act in
1949. it is raised to 18
years by amendment
,2013.
Consent for sexual
intercourse ,under the
age of 18 year ,is not
valid

13. NON-CONSENSUAL OFFENCES
It can be differentiate by their ingredients
Rape-:
1.Intentionally penetration of
the vagina ,anus or mouth of
the complainant.
2.Knowing that she does not
consent.
3.Being aware that there is
possibility that she doesn’t
consent.
Sexual assault-:
1.Sexual touching of (includes
amounting to penetration)of
another body.
2.Without his or her consent.
3.Such as a finger , or with or
through anything else.
4. Penetration with an
instrument such as bottle.
Assault by penetration-:
1.Intentionaly sexual penetration with
any part of body.
2.Such as with fingers and inanimate
objects like-:knives ,pencils , bottle ,etc.
3.Does not consent.
Intentionally causing someone to engage
in sexual inactivity-:
1.To engage in sexual activity.
2.Intentionally cause criminalizing the
action.
3.Of woman ,who force man to penetrate
4.w/out consent, female can aids and
abets.

15. PUNISHMENT FOR RAPE
SECTION-376(1)- FOR
NON-AGGRAVATED CASES
SECTION-376(2) – FOR
AGGRAVATED CASES
THE NEW SECTIONS HAVE BEEN INTRODUCED WITH A VIEW TO STOP SEXAUL
ABUSE OF WOMAN IN CUSTODY , CARE OR CONTROL BY VARIOUS PERSONS.
IT PROVIDES SRTINGENT PUNISHMENT FOR RAPIST AND REPEATED
OFFENDERS .
AS PER NEW LAW AN OFFENDER CAN BE SENTENCED TO RIGOROUS
IMPRISONMENT FOR A TERM 20 YEARS AND EXTEND TO LIFE FOR
REMINDER LIFE.
THE NEW LAW PROVIDES CAPITAL PUNISHMENT FOR RAPIST IF THE CRIME
CAUSES DEATH OF THE VICTIM OR LEAVES HER IN A PERMANENT VEGITATIIVE
STATE .
THE NEW LAS HAS ALSO AMENDED VARIOUS SECTIONS OF
INDIAN PENAL CODE, CRIMINAL PROCEDURAL CODE ,
AND INDIAN EVIDENCE ACT .

17. BASES OF RAPE
HIDDEN FACT BEHIND RAPE IS THE IDEA THAT THE WOMAN ARE PROPERTY.
IN THE ACT OF RAPE , A WOMAN IS TREATED AS AN OBJECT TO BE
POSSESSED ,A MEDIUM THROUGH WHICH
THE MEN EXERT THEIR MASCULITNITY , THEIR SUPERIORITY AND THEIR
DOMINANCE.
ITS BASES IS UNLAWFUR AND CARNAL KNOWLEDGE OF A WOMAN BY
FORCE AND AGAINST HER WILL.
SOME CONDITIONS FOR COMMITING
RAPE
1. “HIGH STATUS”
MALES MAY BE
HAVE BEEN ABLE
TO COERCE
MATINGS WITH
LITTLE FEAR OF
REPRISAL.
2.”LOW STATUS
WOMAN” MAY HAVE
BEEN PARTICULARLY
VULNERABLE TO
BRING RAPED
BECAUSE MALES
NEED
NOT HAVE FEARED
REPRISALS FROM THE
WOMAN’S FAMILY.
3. “LOW STATUS MAN “,WHO
HAD FEW OPPORTUNITIES
TO INVEST IN KIN MAY HAVE
REALIZED REPRODUCTIVE
BENEFITS THAT
OUTWEIGHED THE
CONSIDERABLE COSTS.

18. COMMENTS
1. DEATH SENTENCED FOR EVERY CONVICTS-: IF DEATH SENTENCED IS GIVEN TO SUCH CONVICTS –
SO AS TO DETER THE REST , THEN NO DOUBT THE GRAPH OF RAPE CASES WILL COME RISE
BECAUSE VICTIMS WHO IS THE ONLY SOURCE OF THE EVIDENCE IN MOST CASES , CONVICTS WILL KILL
THEIR VICTIMS AND DISPOSE OFF THEIR BODIES .
THEREBY , FRUSTRATING THE MAIN OBJECTS OF IPC AND THE LEGISLATURE.
2.THE INCRESE OF AGE OF CONSENT TO 18 YEARS-:THIS WILL BENEFITS IN STREAM
LINNING LEGAL PROCEDURE BUT PROBABLY WILL CAUSE IN MORE NUMBER OF SEXAUL
CRIME .
THOUGH AMENDMENT IS MADE FOR STRINGER PUNISHMENT THE CHARGE OF CRIME
HAS TO BE PROVED BEYOND DOUBT BY DOCTOR FOR
WOMAN VICTIMS AND MAN CHARGED WITH RAPE
IT WILL BE DEFINITELY BE A DRAWBACK IF DOCTOR IS PREVENTED FROM DOING
REQUISITE EXAMINATION .STRONGER PUNISHMENT BECOMES INEFFIECTIVE TOOLS
3.TWO FINGERS TEST-:SUPREME COURT’S BANNS PER VAGINAL EXAMINATION CRIMINALS
OF SEX CRIME MAY REMAIN UNPUNISHED FOR WANT OF EVIDENCE.
IT IS ALSO SEEN THAT WOMEN ARE USING RAPE LAWS FOR VENGEANCE .
RAPE LAWS ARE OFTEN MISUSE BY WOMAN TO HARRAS AND BLACKMAIL THEIR
BOYFRIEND FORCE EXTOTTING MONEY AND TO FORCE THE
HELPLESS MAN TO MARRY
IN DELHI HIGH COURT REPORT -: 18% FALSE CASES REGISTERED IN A MONTH .

20. AFTER INSUANCE OF “THE CRIMINAL LAW
AMENDMENT ACT,2013 BY GOVT. OF INDIA
ON SEXAUL CRIME AGAINST WOMAN.
THE BASIS OF RAPE IS ATTACK OR ATTEMPT ON THE
CHASTITY OF A FEMALE .THIS IS BECAUSE HIGH
VALUE IS ATTACHED TO FEMALE CHASTITY IN ALL
COUNTRIES AT ALL TIMES .
THIS INDICATES THE BOND AND SECURITY OF ALL
SOCIAL VIRTUES AND HAPPINESS
THE DEFINITION OF RAPE IN INDIAN PENAL CODE
UDER SECTION 375 IS CLUMSY TO REMEMBER AND
DESCRIBE.
CONCLUSION

22. By Bulbul Chatterjee
B.A.L.L.B.
4thsemester