Author: Bhanu Chandra Jyothi Kurma, Sri Padmavathi mahila Visvavidhyalayam
TO THE POINT
In ancient India there is topic of rape, but from medieval period rape was increased. When women are forced into a sexual intercourse without her consent or consent obtained by fear is known as rape. When women were subjected to rape it affects her physical and mental health and it may also result to her death, even during the sexual intercourse may also leads to the death of the women. Increasing of technology and maderisation victims of rape also increasing.
USE OF LEGAL JARGON
Indian Penal Code (IPC)
1. Section 375: Definition of rape.
2. Section 376: Punishment for rape.
3. Section 376A: Punishment for causing death or resulting in persistent vegetative state of victim.
4. Section 376B: Sexual intercourse by husband upon his wife during separation.
5. Section 376C: Sexual intercourse by person in authority.
6. Section 376D: Gang rape.
7. Section 376E: Punishment for repeat offenders.
Evidence Act, 1872
1. Section 53: Examination of accused by medical practitioner at the request of police officer.
2. Section 54: Examination of accused by medical practitioner at the request of the accused.
Code of Criminal Procedure (CrPC), 1973
1. Section 164: Recording of confessions and statements.
2. Section 173: Report of police officer on completion of investigation.
3. Section 276: Production of documents or electronic records.
4. Section 327: Proceedings to be in camera.
Protection of Children from Sexual Offences Act, 2012
1. Section 3: Penetrative sexual assault.
2. Section 4: Aggravated penetrative sexual assault.
3. Section 5: Abetment of child sexual abuse.
4. Section 6: Sexual assault.
Other Laws
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Defines and prohibits sexual harassment at the workplace.
Key Concepts
1. Consent: The voluntary agreement to engage in sexual activity.
2. Coercion: The use of force, threat, or intimidation to engage in sexual activity.
3. Rape trauma syndrome: A psychological condition experienced by some rape victims.
4. Victim compensation: Financial assistance provided to victims of crime, including rape.
TO THE PROOF
Physical Evidence
1. Medical reports: Documentation of injuries, bruises, or other physical trauma.
2. Forensic evidence: DNA samples, semen, blood, or other bodily fluids.
3. Photographs: Visual documentation of injuries or trauma.
Testimonial Evidence
1. Victim’s statement: The victim’s account of the incident.
2. Witness statements: Statements from individuals who witnessed the incident or its aftermath.
3. Expert testimony: Testimony from medical professionals, psychologists, or other experts.
Documentary Evidence
1. Police reports: Official documentation of the incident.
2. Medical records: Documentation of medical treatment or examination.
3. Communication records: Records of phone calls, messages, or emails related to the incident.
Digital Evidence
1. CCTV footage: Video footage from security cameras.
2. Mobile phone records: Records of phone calls, messages, or emails.
3. Social media records: Records of online activity or communication.
Other Evidence
1. Clothing and personal items: Physical evidence that may contain DNA or other forensic evidence.
2. Security footage: Video footage from security cameras.
3. Audio recordings: Audio recordings of the incident or its aftermath.
Important Considerations
1. Consent: Evidence of lack of consent or coercion.
2. Corroboration: Corroboration of the victim’s statement through other evidence.
3. Chain of custody: Proper handling and documentation of physical evidence.
ABSTRACT
In the ancient period there are less offences like rape and from medieval period offences like rape were increased. With increasing of modern culture and civilization cases of rape was increasing even there is no protection for 2 years baby in this present society. Rape was defined in Indian Penal Code, Indian Evidence Act, and many more Act’s. When a woman was forced in a sexual intercourse without her consent and if the consent was obtained by fear and if any wound was resulted on her body due to that sexual intercourse is defined as Rape. Laws in India was amending according to the offences, but even though Laws becoming though crimes relating to Rape were also increasing day by day. Many land marks cases like Vishaka, Nirbhaya, and Disha and soon made changes in law and the victims in these cases dead due to the rape. Punishments for these offences should cause fear in the public to do the acts like rape and sexual harassment. Punishment for the rape was imprisonment and death punishment may be awarded after few and the time will be dragged during the trail period and if the case was not proved with sufficient evidences, then it will be dismissed and the accused will not be punished. In India many cases not even filed due to lack of knowledge and fear to attend to court they think that when a matter like rape was approached to court it may destroy their family reputation and many rape victims are suffering silently. Due to political influence accused of the rape was escaping easily from the punishment and they think that with their power they can do any kind of immoral acts in the society. The main reasons for increasing of rape cases is due to illiteracy and power of their respective position.
CASE LAWS
1. Mathura Rape Case (1972): A landmark case that highlighted the issue of custodial rape and led to changes in the Indian Penal Code.
2. Bhanwari Devi Case (1992): A case that highlighted the issue of workplace sexual harassment and led to the establishment of the Vishaka Guidelines.
3. Nirbhaya Case (2012): A highly publicized case that led to changes in the Indian Penal Code and the establishment of the Justice Verma Committee.
High-Profile Cases
1. Asaram Bapu Rape Case (2013): A case involving the spiritual leader Asaram Bapu, who was convicted of raping a minor girl.
2. Baba Ram Rahim Rape Case (2017): A case involving the Dera Sacha Sauda leader Baba Ram Rahim, who was convicted of raping two women.
3. Unnao Rape Case (2017): A case involving a minor girl who was raped by a BJP MLA, Kuldeep Singh Sengar.
Other Notable Cases
1. Rameeza Bee Rape Case (1978): A case that highlighted the issue of marital rape.
2. Suman Rani Rape Case (1989): A case that highlighted the issue of custodial rape.
3. Priyadarshini Mattoo Rape Case (1996): A case that highlighted the issue of rape and murder.
Cases Pending
1. Kathua Rape Case (2018): A case involving the rape and murder of an 8-year-old girl in Jammu and Kashmir.
2. Muzaffarpur Shelter Home Rape Case (2018): A case involving the rape of minor girls at a shelter home in Bihar.
CONCLUSION
India is a developing country with largest population and with less safety to women and girl children. In India laws have more loop holes to escape from a crime. When a rape case was filed in India it takes more time to finish trail and to award punishment in that time there will be more chances for the accused to escape from the crime and in maximum cases life imprisonment or imprisonment will be given as punishment. Our constitution adopted many useful things and punishment for rape and sexual harassment in the Arabian countries will death punishment and it will be imposed in the public and it creates fear in the public to not commit such offences. Finally, I conclude that when a person commits rape, he should be punished with death punishment in the public and the punishment should be awarded as early as possible and punishments for rape should be modified in that manner and when punishment was awarded accordingly then it creates fear in the society to commit such offences.
FAQS
Which defines definition of IPC?
Section 375 of IPC defines Rape.
Which case is said to land mark judgement for sexual harassment at work place?
Vishaka case is referred as land mark judgement for sexual harassment at work place.
