SEXUAL OFFENCE RELATING TO THE RAPE

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RAPE is the type of sexual assault usually invoving sexual intercourse or other form sexual penetratial carried out against a person without that person’s consent.The act may be carried out by physical force,coercion,abuse of authority, or against a person who is incapable of giving valid consent,such as one who is uncouscious incapacitated,has an intellectual disability or is below the legal age of consent.The word ‘ RAPE’ is derived from latin term ‘rapio’ which means ‘to seize’.

    Section 375,376,376A,376AB,376B,376C,376D,376DA,376DB and 376E deal with the offence of rape.Rape simply means having sexual intercourse by a man with woman against her will or consent.Sexual intercourse with or without the consent of a girl below the age of 18 years also amounts to rape.However,sexual intercourse by a man with his wife who is below 15 years of age is no offence(not a rape).

At the time of passing of Indian Penal Code,1860,section 375 defines rape and Section 376 prescribes punishment for the offence of the rape.

RAPE UNDER IPC SECTION 375

*Section 375 as substituted by the Criminal Law   (Amendment)  Act , 2013 (13 of 2013), Sec.9

 (w.e.f.3.2.2013), A man is said to commit ‘’rape’’ if he –

    (a)  penetrate  his  penis ,to any extent ,into vagina ,mouth ,urethra or anus of a woman or makes her to do with him or any other person ;

   (b) inserts,to any extent,any object or a part of the body, not being the penis ,into vagina,the urethra or anus of a woman or makes her to do so with him or any other person;or

   (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra,anus or any part of body of such woman or makes her to do so with him or any other person : or

  (d) applies his mouth to the vagina,anus,urethra of a wpman or makes her to do so with him or any other person

      Under the circumstances falling under any of the following seven descriptions—

First : Against her will.

Secondly : Without her consent.

Thirdly : With her consent,when her consent has been obtaines 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 eighteen years of age.

Seventhly: When she is unable to communicate consent 

PUNISHMENT FOR SEXUAL ASSAULT( SECTION 376 )

Whoever,expect in the cases provided for in the sub-section (2), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years ,but which may extents to imprisonment for life,and shall also be liable to fine.

Whoever-

(a) being a police officer,commits rape –

         ⅰ  within limilts of the police station to which such police officer is appointed; or

         ⅱ in the premises of any station house; or

         ⅲ on a woman in such police officer’s custody or in the custody of a police officer subordinate  to such police officer; or

(b) being a public servant,commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

 (c) being a member of armed forces deployed in an area by the Central or a State Government,commits rape in such area; or

(d) being on the management or on the staff of a jail,remand home or the other place of custody established by or under any law for the time being in force or of a women’s or children’s institution’commits rape on any inmate of such jail,remand home,place or institution;or

(e) being on the management or on the staff of a hospital,commits rape on a woman in that hospital; or

(f)   being a relative,guardian or teacher of, or a person in a position of trust or authority towards the woman,commits rape on such woman; or

(g) commits rape during communal or sectarian violence;or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape,on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a women,commits rape on such woman;or

(k) commoits rape on a woman suffering from mental or physical disability; or

(l) while commiting rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(m) commits rape repeatedly on the same woman,

 (n) manipulated any part of the body of a woman so as to cause penetrations into vagina,urethra,anus or any part of body of such woman or makes her to do so with him or any other person; or

    Shall be punished with rigorous imprisonment for a term which shall not be less than ten years,but which may extended to imprisonment for life,which shall mean imprisonment for the remainder of that person’s natural life,and shall also be liable to fine.

WHY WAS THE CRIMINAL LAW AMENDED?

The controversial verdict sparked widescale protest across the country seeking a change in existing rape laws. This culminated into Criminal Law (Second Amendment) Act of 1983. A new section 114A in the Indian Evidence Act of 1872 was inserted which presumed that there is absence of consent in certain prosecytions of rape if the victim says so,this applied to custodial rape cases. In the IPC, Section 228A was added which makes it punishable to dissolve the identity of the victim of certain offences including rape.

RAPE RATE IN INDIA

Rape is the fourth most common crime against women in India. According to the 2019 annual report of the * NATIONAL CRIME RECORDS BUREAU (NCRB),32,033 rape cases were registered across the country, or an average of 88 cases daily,slightly lower than 2018 when 11 cases were registered daily of these, 30,165 rapes were committed by perpetrators known to the victim (94.2% of cases), a high number similar to 2018. The share of victims who were minors or below 18 . The legal age of consent stood at 15.4% down from 27.8% in 2018. The share of victims who were minors or below 18 – the legal age of consent – stood at 15.4% down from 27.8% in 2018. On the other hand,rapes by juveniles remained high in India with 3 minors being arrested for rape ,assault and attempted violence on women and girls each day in 2019.

According to NCRB 2019 statistics,Rajasthan reported the highest number of rapes among Indian states.Other states in the hindi heartland region,across North India,such as Madhya Pradesh ,Uttar Pradesh,Haryana and Chattisgarh also have the highest incidence of sexual violence against women.Among metropolitian cities,the national capital of Delhi continued to have the incidence of rape at 1253 cases in 2019, while Jaipur had the highest rape rate.

According to the official statistics of 1991,one woman is molested every 26 minutes. These statistics refer to the reported cases. Whereas,if the unreported cases were to be included, it would be matter of seconds-rather than minutes. Investigation of most cases are not reported by victims because of various reasons such as family pressures, the manner of the police, the unreasonably long and unjust process and application of law; and the resulting consequences of thereof    

Majority of these cases under Indian Penal Code were  registered under ‘cruelty by husband or his relatives’(30.9%) followed by ‘Assault on women with in the outrages her modesty’ (21.8%),’Kidnapping and aduction of women’(17.9%),the NCRB data for 2019 showed.

The recent incident proves that the execution of the convicts in the Nirbhaya gang-rape and murder case ( that took place this year) had no effect on criminals. When the execution took place, it was assumed that it would send a strong message to perpetrators of such crimes, but the recent incidents have proved it otherwise. One reason for this poor conviction rate and the long road to justice. In 2018 and 2019,the conviction rate for rape was below 30%. Which means out of 100 cases only 30 saw convictions. Absence of forensic labs, fast –track courts and investigators are also partly responsible for this

 ANATOMY OF RAPE

India is a dangerous place to be a woman.Men have here raped eight month-old babies and 100 year old woman it is a rape culture ,in which girls are told how to dress to avoid ‘inviting trouble’ and ‘slutshamed’,normalizing male predatory behavior.To change this , Indians must deflect the discourse from women to the real problem:men. In the interim, Gol must swiftly set up a separate law enforce unit for crime against women.

 Sexual assault on women is a common phenomenon in our country .Under sexual assault comes,molestation,child sex abuse,rape,marital rape,domestic violence

Rape is a most violent crime which is committed against women.Rape outrages a woman’s modesty.After a rape incident,a woman lives a pathetic life which includes fear,depression,guilt complex,sucidial action and social stigma.

It appears that rapist are not scared of laws.Also,cases are being reported where minors and elderly women are being raped. The recent incident which shock the nation was gang raped of a 23 years old para-medical student in a moving bus on the streets of Delhi.

The cruelty which was shown towards the girl by the rapists filled every Indian with wrath. So much so was the anger, that thousands of people poured into the streets to demand justice for the young lady.

The protest compelled our leaders to sit up and think and now amendments of the laws concerned wuth sexual assault on women our underway.

Everyday newspaper reports of rapes incidents.In majority of rape cases the accussed is known to the victim.The accussed may be a friend,a relative,neighbour.

Some cases are a rude shock to humanity like that of a five year innocent girl being raped by her neighbor.Not only he raped her,but damaged her internal organ beyond cure.some cases have come into light wherein teachers have raped their students.

A number of cases have been reported wherein the guilty has committed the crime in very house of the victim. Rapes are being done in moving vehicles also which raise a question on the effectiveness of the traffic system of our country.Another important reason is the dearth of police officials and female police officer in particular.Acoording to the Times of India,there is 1 officers for every 200 citizens.

Studies show that rape victim are more likely to report sex crimes if female police  officers are available.Lack of female police further aggravates the problem.

REMEDIES FOR RAPE

The dire need of today is to curb this violent crime.The most important step to be taken in this direction is the strengtheining of laws dealing with sexual assaults.

Death penalty should be imposed on a rape accussed.

 The courts and the legislaturehave to make many changes if the laws of rape are to be any deterrence.The sentence of punishment,which normally ranges from one to ten years,where on an average most convicts get away with three to four years of rigourous with a very small fine;

A woman’s squad should be formed in every district which would exclusively deal with problem of women.

Fast track courts must be established so that justice is given as early as possible.

Some NGO should start Rape crisis centre where victim can approach by calling a toll free number or physically visiting the local centres.Such centre should play a vital role in supporting rape victims to cope up with psychological trauma and also guide them to obtain legal remedy.

Its in our hand to inspire the future feminists of the world. Challenge the gender stereotypes and violent ideals that children encounter in the media, on the streets, and at school. Let your children know that your family is a safe space for them to express themselves as they are. Affirms their choices and teach the importance of consent at a young age.

We need to correct our socio-economic system to ensure the necessary means for an existence consistent with basic human dignity for all: an outlook that imbibes a value system and does not brutalise youngster and rob them of hope and fulfillment of basic needs material, psychological and sexual. Let us look after that youngster in the slum today ,lest he is pushed to becoming a monster we have to hang tomorrow.

To end this rape culture, perpetrators must be held accountable.By prosecuting sexual violence cases, we recognize these acts as crime and send a strong message of zero tolerance. Where you see pushpack against legal consequences for perpetrators, fight for justice and accountability

Stop victim blaming-because language is deeplu embedded in culture,we may forget that the word and phrase we use each day shape our shape our reality.Rape affirming beliefs are embedded in our language.’’She was deressed like slut.She was asking for it”.It is normalized by objectifying women and calling their names in pop culture and media.You have the power to choose to leave behind language and lyrics that victims,objectifying women and excuse sexual harassment.What a woman is wearing ,what and how much she had to drink,where she was at a certain time is not an invitation to rape.

CONCLUSION

Women are wonderful daughters,sisters,wives and mothers. They should be loved ,cared, respected and should be protected.

Rape culture is a dilemma in India that can be fixed. By educating the youth of India it is possible for rape to extinguish as there will be men who have repect for women. Politician also hold great power and if used correctly ,they can greatly influence the number of rapes that are committed and the number of rapists who are allowed to be free.

 Hence, we came to conclusion that in 2014 India was on the first place relating to rape cases and was termed as RAPE CAPITAL OF WORLD. And after comparing we can say that in India more rape cases are committed otherthan countries as due to the reasons of awareness of education,mentality,rules and laws.

And we came to know that we are living in a male dominant society which is not at all safe for the females. It is the collective responsibility of everyone to ensure that a women can live in a safe and secure environment . A lot needs to be done in this regard to ensure the safety and security of women. So, the attitude of the society needs to be changed towards women.

REFRENCE

      *  RATANLAL AND DHIRAJLAL’S THE INDIAN PENAL CODE 1860, 36th edition.

       *  NCRB’S REPORTS – economictimes.com 2 october 2019

Author: NOORAIN BANU S, R.L.LAW COLLEGE, DAVANGERE

Editor: Kanishka VaishSenior Editor, LexLife India.

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