02 February 2013

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Know 22 facts regarding Anti Rape Law Ordinance passed by Union Government when it will come into effect

Know 22 facts regarding Anti Rape Law Ordinance passed by Union Government when it will come into effect

Updated on Monday, February 04, 2013

After Delhi, gang rape Government appointed Justice JS Verma Commission to give recommendations, suggestions to improve the existing Indian rape laws.

After that in thirty days, commission gave its report.

Now Union government has brought the ordinance to introduce stricter penalties for crimes against women, including death in extreme cases.

The ordinance entails changes in the criminal law by amending Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Evidence Act.

The government will now recommend to President Pranab Mukherjee to promulgate the ordinance.

The ordinance that will come into effect as soon as President Pranab Mukherjee signs it will need to be passed by the Parliament within six months and is likely to be done in the Budget Session that begins of Feb 21.

Accepted - Section 354: Sexual Assault and Punishment for Sexual Assault – Entirely accepted
Indian Penal Code section 100 - Right to Private Defense – Inclusion of an acid attack u/s 326A was accepted

Not Accepted – Martial Rape not accepted
The government has omitted a recommendation made by the Justice Verma panel that sexual assault in a marriage also be included.

Accepted - Section 354 A: Assault or use of criminal force on woman with intent to disrobe her

The minimum jail sentence for gang rape, rape of a minor, rape by policemen or a person in authority has been doubled from ten years to 20 years and can also entail life sentence.

Rape that leads to death of the victim or leaving her in a vegetative state can now attract death penalty

It proposes to replace the word ‘rape’ with ‘sexual assault’ to expand the definition of all types of sexual crimes against women

7 -
Section 166A: Public Servant disobeying direction under law –
Penalty in term of year in jail has been recommended for a government servant if he does not cooperate on sexual offence case or harms the process of law.
The Verma panel had recommended five years in jail.

The government has rejected a recommendation of the Verma panel on Armed Forces (Special Powers) Act that no sanction would be required if the armed forces personnel are accused of a crime against woman.

Ordinance suggests that only a woman police officer will take the statement of the victim of the sexual crime.

Women under 18 years will not be confronted with the accused but provision of cross-examination has been retained.

There will be no personal appearance of witnesses before police officers.

The ordinance takes away the power of the court to lower the sentence.

The ordinance says that if a person facing acid attack kills the accused in the process of self-defense, then she will be protected under the 'right to self-defense'.

Compensation for acid attack victims "adequate to meet at least the medical expenses incurred" by her has not been accepted by the government.

The Bill criminalizes the sexual activities between 16 and 18 years which the Verma
Committee did not agree.

Section 376 (1) Punishment for Rape – Payment of compensation to the victim
was dropped.

Proviso to Section 154 Registration of an Offence – Provision to record evidence by
police officer at the residence of the person reporting the offence. Mandatory video graphing was not agreed to and converted to optional.

Compel communication of information of
offence relating to crimes against women to the nearest Magistrate – Not accepted as it is liable to be misused

 Recording Statement by a Magistrate –
Special assistance for mentally or physically disabled persons to be given by
Magistrate. Statement of mentally or physically disabled person to be considered
sufficient for examination-in-chief and cross-examination. However mandatory videography not
agreed to and changed to optional.

Not Accepted - Section 197(1) Sanction for Prosecution – No sanction would be required for
prosecution of Judge, Magistrate, or Public servant if accused of crimes against women.

Evidence of character of previous sexual experience not relevant in certain cases -

Question regarding the moral character will not be put to the victim during cross-examination –

Updated on Monday, February 04, 2013
The President Pranab Mukherjee gave his assent to the Criminal Law (Amendment) Ordinance 2013

Reality views by sm –

Saturday, February 02, 2013

Tags – Anti Rape Law Ordinance 2013


MEcoy February 02, 2013  

very detailed list sm great job

Destination Infinity February 02, 2013  

Point no. 5 is very important. If rape results in death of the victim, then it should be treated as murder and should attract bigger punishment. Rape itself should not be given death penalty because the victim could be killed if the punishment for both rape and murder are the same.

Destination Infinity

sukumar February 02, 2013  

How to protect citizen from false charge ?

Janie February 02, 2013  

From what I've read, harsher rape penalties are much needed in India. Interesting to read about the new laws.

rudraprayaga February 05, 2013  

The law should be implemented without flaws.the thing is that baseless complaints may be registered against innocent people.Some norms should be brought about with regard to the scenes in ads and movies.