Discuss the punishment provided for rape as per amended law.

Question: Discuss the punishment provided for rape as per amended law.

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Answer

The nationwide public outcry, in 2012, following the December 16 gang rape and murder in Delhi, led to the passing of the Criminal Law (Amendment) Act in 2013 which widened the definition of rape and made punishment more stringent.

Parliament made the amendments on the recommendation of the Justice J.S. Verma Committee, which was constituted to re-look the criminal laws in the country and recommend changes. The 2013 Act, which came into effect on April 2, 2013, increased jail terms in most sexual assault cases and also provided for the death penalty in rape cases that cause the death of the victim or leaves her in a vegetative state.

Substitution of new sections for punishment sections 376, 376A, 376B, 376C, 376D, 376E to the IPC are as follows:

Section 376, IPC provides for punishment for rape. As per the provision, the punishment for rape is seven years at the least and may extend up to life imprisonment. Any man who is a police officer, medical officer, army personnel, jail officer, public officer, or public servant who commits rape may be imprisoned for at least ten years. A punishment of life imprisonment, extending to death has been prescribed for situations where the rape concludes with the death of the victim, or the victim entering into a vegetative state. The punishment for gang rape was also increased to 20 years to life imprisonment from the earlier 10 years to life imprisonment.

Section 376-A of the IPC – Punishment for causing death or resulting in a persistent vegetative state of victim

It says if a person commits an offence which is punishable under section 376 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 20 years, but may extend to imprisonment for life or with death.

Section 376-B of the IPC – 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.

Section 376-C of the IPC– Sexual intercourse by a person in authority

Whoever, being—

1. in a position of authority or in a fiduciary relationship; or
2. a public servant; or
3. superintendent or manager of a jail, remand home or other places of custody established by or under any law for the time being in force, or a women’s or children’s institution; or
4. 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.

Section 376-D of the IPC– Gang rape

It prescribes punishment for gang rape and says where a woman is raped by a group of persons, then they shall be punishable with rigorous punishment of not less than 20 years, but may extend to life imprisonment, and with fine.

Note: Such a fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim. Also, any fine imposed under this section shall be paid to the victim.

Section 376-E of the IPC– 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.’

Therefore, in brief, the 2013 amendment to provision for rape under IPC amends the IPC, 1860:

1. To increase the minimum punishment for rape of women from seven years to ten years.
2. Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death.
3. Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

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