Criminal Law (Amendment) Act, 2013
The Criminal Law (Amendment) Act, 2013, Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offenses. The Bill received Presidential assent on 2 April 2013 and deemed to came into force from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang-rape case.
This incident generated huge international coverage and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who called up the Government of India and Delhi “to do everything in their power to take up radical reforms and the like to make women’s lives safer and secure”.
There had been widespread demand by the public as well as various human rights groups and women’s organizations to change or amend the existing law relating to sexual offenses. A graver punishment for the accused was demanded committing such a heinous crime.
In a meeting at UN Women, Justice Verma stated that “to ensure its success, it is important that the Act be implemented with dedicated human and financial resources, and clarity in roles and responsibilities. A law is only as good as the systems and individuals that implement them. Mindsets and attitudes need to change so women can truly be respected equally and value in society.
The amendment inserted a new provision under section 166 A for
punishing public servants who refuse to record an FIR in cases of specified
crimes against women including rape.
SECTION 376: Section
376(1) provides for punishment of offense under section 375 to be rigorous
imprisonment for a term of seven years which may extend to life imprisonment
and shall also be liable to fine.
Section 376(2) provides for more heinous
forms of rape like rape by a police officer, public servant, member of armed
forces, staff of jail or any custody place by any relative or guardian of the
women and commits rape during communal or sectarian violence, raping a pregnant
women, raping women under sixteen years of age, women incapable of giving
consent, women suffering from mental or physical disability, commits rape
repeatedly on the same women then the punishment will be rigorous imprisonment
for a term not less than 10 years which may extend to life imprisonment and
shall also be liable to fine.
SECTION 376 A: Section
376 A provides for punishment of causing the death or persistent vegetative
state of the victim to be rigorous imprisonment for a term of 20 years which
may extend to life imprisonment and shall also be liable to fine.
SECTION 376 B: Section
376 B gives punishment for sexual intercourse by the husband with his wife
during a separation or against her will or when she is under sixteen years of age
to be punishable with imprisonment of a term of 2 years which may extend to 7
years and shall also be liable to fine.
SECTION 376 C: Section
376 C states the punishment for the under section 375 when it is committed by
persons in authority like ones in the fiduciary relationship or public servant or
manager of jail or hospital to be punished with rigorous imprisonment for a
term of 10 years which may extend to life imprisonment and shall also be liable
to fine.
SECTION 376 D: Section 376 D defines gang rape and fixes the punishment to be rigorous imprisonment for a term of 20 years which may extend to life imprisonment and also fine. Provided the fine is used to meet the medical expenses and rehabilitation of the victim.
- farmer-protest-live-updates
- CAT2020: Read these important things before going to the exam hall
- Modi government gave big relief, Small Business
- New farm laws and conflict between Govt. & Farmers
- Struggle in Drafting Constitution
- Defamation and IT Act
 Act, 2013){kind=link}
0 Comments
Please do not enter any spam link in the comment box.