Such heinous incidents that rocked the nation's spirit and inner voice also led to the Criminal Law Amendment Act of 2018. Several incidents of young people being ambushed had sparked interest in toughening the laws against rape. This interest was sparked by the well-known Kathua rape case and the Unnao rape case, and in 2018, things changed.
The 2018 Criminal Law (Amendment) Legislation, which amended four major Acts, went into effect following the correction or alteration of Section 376, which stipulates three orders of discipline for an attack in addition to assault of women by police officers, community workers, military adherents, etc.
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The Indian Penal Code, 1860
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The Code of Criminal Procedure, 1973
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The Protection of Children from Sexual Offences Act, 2012
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The Evidence Act, 1872
I) The Indian Penal Code, 1860
Section 376(1) of the Indian Penal Code, 1860, stipulates that a woman who is raped faces a minimum of ten years of rigorous imprisonment, with the possibility of further detention till the end of time. The penalty has been raised from seven years to ten years.
Section 376 (3) has been amended to reflect the change. The amendment now includes a sentence for rape of a young woman under 16. In these situations, incarceration must be a complete detention of at least twenty years, with the possibility of an extension to life in prison.
Section 376AB: The amendment also included a penalty for raping a lady who is younger than twelve. In certain situations, incarceration is defined as a minimum of twenty years of complete detention, with the possibility of further detention till the end of time. In several situations, the accused faced the death penalty. Considering the seriousness of the crime, the death sentence was introduced for rape.
Second, the 1973 Code of Criminal Procedure
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A High Court or a Court of Session cannot give anticipatory bail under Section 438 to an individual who is accused of raping a lady under the age of sixteen.
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The amendment provided for a prompt inquiry and trial.
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The investigation has a two-month deadline to be completed.
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The appeal must be resolved in rape cases within six months.
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Two changes to section 439 of the Code were also included in the revision.
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Within 15 days of receiving an accused person's bail application for the abuse of a girl under 16, the High Court or the Session Court is required to notify the public prosecutor.
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The addition of a subsection that requires an informant or someone he has authorized to be present at the accused's bail application hearing.
3) Protect of Children from Sexual Offenses ACT 2012
Sections 376AB, 376DA, and 376DB have been added to Section 42 of the Act on Alternative Punishment.
4) The 1872 Evidence Act
Due to modifications made in other Acts, Sections 53A and 146 have been updated to permit the Act's provisions.
The Criminal Law Amendment Bill 2013:
Following the nationwide outcry over the savage gang rape that occurred in New Delhi on the evening of December 16, 2012, the act went into effect on February 3, 2013. (The case of Nirbhaya Gangrape).
Criminal Law (Amendment) Act 2013
In 2013, both the Lok Sabha and the Rajya Sabha passed the Criminal Law (Amendment) Act, 2013. The Indian Evidence Act, the Indian Penal Code, and the 1973 Code of Criminal Procedure were all amended in part by this law. All of these changes were made in relation to the sexually stated rules. The Bill became operative on February 3, 2013, after receiving the president's consent on April 2, 2013.
Section 354A (Sexual Harassment)
In contrast, a man who makes unwanted lewd gestures forcefully displays pornography, or requests or demands a woman's sexual favours is guilty of inappropriate behaviour simpliciter under section 354A (Sexual Harassment), which carries a maximum sentence of three years in prison, a fine, or both. Sexual badgering has been made an impartial offense under this section.
Additionally, making especially derogatory remarks is considered lewd behaviour, which carries a maximum one-year jail sentence.
Section 354B (Assault and Criminal Force to Woman with Intent to Disrobe): A man commits an offense under section 354B if he assaults, uses criminal force against, or aids a woman in doing so to strip or persuade her to be exposed in public. This offense carries a sentence of three to seven years in prison. And, okay before this amendment, there was no particular legislation addressing this violation.
Section 354C (Voyeurism): Any man who witnesses or records a woman participating in a private demonstration in a situation where she would normally have the chance to avoid being watched by the guilty party or by someone else acting on the guilty party's behalf, or who distributes such a photograph, faces consequences. Under Section 354C, such a person is guilty.
Both men and women were covered under the Information Technology Act of 2000, which carried a maximum sentence of three years in prison and a maximum fine of Rs. two lakhs for infractions.
Section 354D (Stalking): Stalking was a distinct offense under this new law. A male who stalks a woman for the first time faces a maximum term of three years in prison and a fine; for repeat offenses, the sentence is increased to five years.
However, the offense is subject to exceptions, such as when someone can demonstrate that the acts were against a statute, and applied to reasonable and equitable behaviour with the end goal of redressing any violation. According to the definition of Section 354D, the offense was gender-neutral, meaning that stalking is penalized by both men and women. However, the 2013 Amendment Act made stalking a gender-specific felony by changing "Whosoever" to "Any Man."
Section 375: If a man inserts his penis into someone else's mouth, butt, urethra, or vagina, or forces someone else to do so with him, he is considered to have submitted to assault;
extension of any probe or single part, which is not a penis, into a person's mouth, butt, urethra, or vagina, or forcing another person to do so with him or another person;
Mouth contact with another person's penis, vagina, butt, or urethra, or induces such behaviour in him or another person;
Eventually, it reaches the person's vagina, penis, butt, or bosom, or causes the person to touch the person's or another person's vagina, penis, rear-end, or bosom.
The 2013 amendment focused on three acts: oral sex, assault, and the accumulation of an object or other bodily part into a woman's butt, urethra, or vagina.
In conclusion
The Criminal Law (Amendment) Acts of 2018 and 2013 brought about significant changes to the nation's criminal code. These modifications aim to lower the crime rate by strengthening anti-rape legislation. If implemented correctly, the investigation and appeals timeline will reduce the crime rate. To achieve overall success, these reforms must be combined with other enhancements to the criminal justice system.