Rape

Justice Verma Committee

•December 16, 2012 – Nirbhaya case

•December 23: Three-member committee headed by Justice J.S. Verma, Ex-SC Judge and including these members

–Justice Leila Seth, former judge of the High Court

–Gopal Subramanium, former Solicitor General of India

•Submitted its report on Jan 23, 2013 

•Criminal Law (Amendment) Act, 2013 

–Bill passed in Lok Sabha on March 19, 2013 

–Rajya Sabha – March 21 

–President’s assent – April 2, 2013 

–Came into force – April 3, 2013 

• Recommendations on the following topics 

–Rape 

–sexual harassment 

–Trafficking 

–child sexual abuse 

–medical examination of victims 

–Police 

–electoral and 

–educational reforms 

• Rape: 

–rape and sexual assault are not merely crimes of passion but an expression of power (and dominance) 

–Any non-consensual penetration of a sexual nature should be included 

–exception to marital rape should be removed 

•the relationship between the victim and the accused should not be relevant 

–Death sentence was not recommended 

• S. 376A amended:

–Punishment for causing death or resulting in persistent vegetative state of victim

–Death sentence introduced

Rape - S. 375

•A man is said to commit “rape” if he 

–Penetrates his penis 

–Inserts any object or any other part of the body 

–Manipulates any part of her body so as to cause penetration or 

–Applies his mouth to 

vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person, 

Under the following seven descriptions 

 

• First.—Against her will 

• Secondly.—Without her consent 

• Thirdly.—With her consent, 

–when her consent has been obtained 

–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 

•Exception 

–A medical procedure or intervention shall not constitute rape 

–Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape 

Punishment for rape  - S. 376

• S. 376 (1) : Whoever commits rape, except in cases mentioned in (2), shall be punished with 

–Rigorous imprisonment not less than 7 years but 

–May extend to imprisonment for life 

–and fine.

• S. 376(2): (a) police officer committing rape 

–Within limits of his police station 

–In the premises of any station house 

–On a woman in his or his subordinate officer’s custody 

• (b) public servant committing rape 

–On a woman in his or his subordinate public servant’s custody 

• (c) Member of armed forces committing rape 

–In an area where he is deployed by government 

• (d) Staff of jail, remand home etc. 

–Any person in the management of staff 

–Of any jail, remand home, any women’s or children’s institution 

–Established by law 

–Commits rape on any inmate 

• (e) Staff of a hospital 

–Management, staff of a hospital committing rape on a woman in that hospital 

• (f) Relative, guardian, teacher 

–Or a person in a position of trust or authority towards the woman 

• (g) commits rape during communal or sectarian violence 

• (h) woman knowing her to be pregnant 

• (i) woman when she is under sixteen years of age 

• (j) woman incapable of giving consent 

• (k) being in a position of control or dominance over a woman, 

• (l) woman suffering from mental or physical disability 

• (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman 

• (n) commits rape repeatedly on the same woman 

 

shall be punished with rigorous imprisonment not less than 10 years but 

–May extend to life, which shall be mean remainder of natural life 

–And fine