SEXUAL OFFENCE

SEXUAL OFFENCE 

  

  Author:- Syeda Ruqaiya Jahan, a Student of sultan ul uloom college of law, Hyderabad 

When ever we talk or listen about sexual offence we remember RAPE or sexual harassment but sexual offences cover large amount of crimes including force intercourse with wife during the time of separation , custodial rape ..,etc but matters like this never get discussed in the society because of either discrimination or corruption 

MAHATMA GANDHI said : “when a women walks on the streers in the mid night, then only it means that we achieved full independence to our country”

In Todays world when women have landed safely on moon but can’t reach home safely at night. Raging,rapes, sexual harassment of women at workplace,acid attacks are so common that people aren’t even reacting on it .let us understand it in legal terms with it punishment and cases.

RAPE 

        Section 375 of ipc defines rape with 7 detail descriptions and 2 exceptions 

PUNISHMENT FOR RAPE 

                        Section 376 of the Code prescribes Punishment for Rape. Section 376 has been substituted by the Criminal Law Amendment Act, 2013, 

           Rigorous imprisonment of not less than 7 years but which may extend to imprisonment for life and with fine. Cognizable, Bailable, Triable by Court of Sessions. Non-Compoundable.

PUNISHMENT FOR CAUSING DEATH OR RESULTING IN PERSISTENT VEGETATIVE STATE OF VICTIM [S. 376-A]

Section 376-A of the Code prescribes Punishment for Causing death or resulting in persistent vegetative state of victim. Section 376-A has been substituted by the Criminal Law (Amendment) Act, 2013, w.r.e.f. 3-2-2013.

Sec. 376-A. Punishment for causing death or resulting in persistent vegetative state of victim:- Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of Section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.

Nature of Offence: Punishment: Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life or with death. Cognizable, Non-Bailable, Triable by Court of Sessions. Non-Compoundable.

SEXUAL INTERCOURSE BY HUSBAND UPON HIS WIFE DURING SEPARATION [S. 376-B]

Section 376-B of the Code prescribes Punishment for Sexual intercourse by husband upon his wife during separation. Section 376-B has been substituted by the Criminal Law (Amendment) Act, 2013, w.r.e.f. 3-2-2013.

Sec. 376-B. Sexual intercourse by husband upon his wife during separation: - Whoever has sexual intercourse with his own wife ,who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Explanation:- In this Section,"sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

Nature of Offence: Imprisonment of not less than 2 years but which may extend to imprisonment for 7 years and with fine. Cognizable (but only on the complaint of the victim), Bailable, Triable by Court of Session. Non-Compoundable.

SEXUAL INTERCOURSE BY A PERSON IN AUTHORITY [S. 376-C]

Section 376-C of the Code prescribes Punishment for Sexual intercourse by a person in authority.

Section 376-C has been substituted by the Criminal Law Amendment) Act, 2013, w.r.e.f. 3-2-2013.

Sec. 376-C. Sexual intercourse by a person in authority :- Whoever, being,—

(a)in a position of authority or in a fiduciary relationship; or

(b)a public servant; or

(с)superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or

(d)on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may. extend to ten years, and shall also be liable to fine.

Explanation 1:- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of Section 375.

Explanation 2:- For the purposes of this section, Explanation / to Section 375 shall also be applicable.

Explanation 3:- "Superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such

the person can exercise any authority or control over its inmates.

Explanation 4:- The expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in Explanation to sub-section (2) of Section 376.

Nature of Offence: Punishment: Rigorous Imprisonment for not less than 5 years but which may extend to imprisonment for 10 years and with fine. Cognizable, Non-Bailable; Triabie by Court of Session. Non-Compoundable.

GANG RAPE [S. 376-D]

Section 376-D of the Code prescribes Punishment for Gang Rape. Section 376-D has been substituted by the Criminal Law (Amendment) Act, 2013, w.r.e.f. 3-2-2013.

Sec. 376-D. Gang rape :- Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall, be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

Nature of Offence: Punishment: Rigorous Imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine. Cognizable, Non-Bailable, Triable by Court of Session. Non-Compoundable.

PUNISHMENT FOR REPEAT OFFENDERS [S. 376E]

Section 376-E of the Code prescribes Punishment for Repeat Offenders. Section 376-E has been substituted by the Criminal Law Amendment) Act, 2013, w.r.e.f. 3-2-2013.

Sec. 376-E. Punishment for repeat offenders:- Whoever has been previously convicted of an offence punishable under Section 376 or Section 376-A or Section 376-D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.

Nature of Offence: Punishment: Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or death. Cognizable, Non-Bailable, Triable by Court of Session. Non-Compoundable.

       CUSTODIAL RAPE

Expanding this because the world hides it 

—  Police officers, public servants, officers of a jail, remand home, women's hostel, children's hostel, hospital, etc., are brought under the purview of Sec. 376(2).These persons occupy a place of

superiority, authority and powers.

They can induce, coerce the helpless women. They can have undue influence over the staff. Besides it, new Section also defines clearly "gang rape" and rape on pregnant woman, which are also included in custodial rape. Thus, according to (old) Section 376 (2)a "Custodial Rape" means and includes,-

1. Police Officer: A police officer committing rape in his local area to which he is appointed, or in any police station whether or not situated in such local area, on a woman in his custody or in the custody

of a police officer subordinate to him.

2. Public Servant: A public servant taking advantage of his official position and committed rape on a woman in his custody as such public servant or in the custody of a public servant sub-ordinate to him 

3. Officers of a jail, remand home, women's hostel, children's hostel, etc.: Any person being on

the management or on the staff of a jail, remand home or other place of custody or of a woman's or

children's institution, taking advantage of his official position and committing rape on any inmate of the institution.

4.Management of hospital: Any person concerned with management or being on the staff of a hospital, committing rape on a woman who is receiving treatment in the hospital.

5.Pregnant woman: If a pregnant woman is raped by any person is also deemed as custodial rape.

deemed as custodial rape.

6. Girl below the age of 12 years: If a girl below the age of 12 years is raped, such rape is also

of rape is also deemed as Custodial Rape.

7. Gang Rape: If a woman is raped by more than two men is called as Gang Rape, and this type Punishment under Sec. 376(2): The punishments imposed under Section 376(2) are severe and amendment to that Section by Criminal Law Amendment) Act, 1983.

D. CONSENT: If a woman, who is major, and not under descriptions from first to sixth of Section 375, intentionally commits sex with a person it is not rape. If she is a minor, it becomes rape irrespective of her consent.

Cases to refer 

-MATHURA RAPE CASE 1972

-NIRBHAYA CASE 2012 

-STATE OF MAHARASHTRA VS. MADHUKAR N MARDIKAR 1991