So finally in 2024 government decided to remove the old
British Indian criminal and civil procedures lawa like IPC, CrPC and CPC &
introduce new laws are Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Sanhita.
So today we talk about the news laws regarding woman & children sexual assault & harrasments.
In this new criminal law government includ new crime like stalking, dowry death etc.
By this new rules court can give punishment of 6 type like:-
NOTE:- To see the full details click on the section text of each boxes.
So today we talk about the news laws regarding woman & children sexual assault & harrasments.
In this new criminal law government includ new crime like stalking, dowry death etc.
By this new rules court can give punishment of 6 type like:-
- Simple Improvement (means normal jail)
- rigorous Improvement (means jail with very hard works)
- Improvement for life (Means life time in jail)
- Death sentence
- Community Service
- Fine
Section 63: Definition of "rape"-
So Rape means: - penetrate any thing to womans vagina, anus &
mouth or do anything with same intention without her will, consent or
she under 18 year or drunk, in fear of injury or misleadingly sex with
her.
A man is said to commit “rape” if he—
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
-
applies his mouth to the vagina, anus, urethra of a woman or makes
her to do so with him or any other person, under the circumstances
falling under any of the following seven descriptions: —
- against her will.
- without her consent.
- 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.
- 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.
- with her consent when, at the time of giving such consent, by reason of mental illness 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.
- with or without her consent, when she is under eighteen years of age.
- when she is unable to communicate consent.
Section 64: Punishment for rape
Punishment for rape is minimum 10year of rigorous imprisonment(jail
with very hard work) & maximum life time jail and have to give
fine.
(1)Whoever, except in the cases provided for in sub-section (2),
commits rape, shall be punished with
rigorous imprisonment of either description for a term which shall
not be less than ten years, but which may extend to imprisonment for
life, and shall also be liable to fine.
(2) Whoever,—
-
(a) being a police officer, commits rape,
- (i) within the limits of the police station to which such police officer is appointed; or
- (ii) in the premises of any station house; or
- (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
- (b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
- (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or
- (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
- (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
- (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
- (g) commits rape during communal or sectarian violence; or
- (h) commits rape on a woman knowing her to be pregnant; or
- (i) commits rape, on a woman incapable of giving consent; or
- (j) being in a position of control or dominance over a woman, commits rape on such woman; or
- (k) commits rape on a woman suffering from mental illness or physical disability; or
- (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
- (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Section 65: Punishment for rape in certain cases.
Punishment for rape of under 16year is minimum 12year of rigorous
imprisonment(jail with very hard work) & maximum life time jail
and have to give fine.
Punishment for rape of under 12year is minimum 12year of rigorous imprisonment(jail with very hard work) & maximum death and have to give fine.
Punishment for rape of under 12year is minimum 12year of rigorous imprisonment(jail with very hard work) & maximum death and have to give fine.
-
(1) Whoever, commits rape on a woman under sixteen years of age
shall be punished with rigorous imprisonment for a term which
shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable
to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim. - (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death:
Provided further that any fine imposed under this section shall be paid to the victim.
Section 66: Punishment for causing death or resulting in persistent vegetative
state of victim.
If after rape the woman die then minimum punishment is 12 year of
rigorous imprisonment (jail with very hard work) & maximum death
and have to give fine.
Whoever, commits an offence punishable under sub-section (1) or
sub-section (2) of section 64 and in the course of such commission
inflicts an injury 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 twenty
years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, or with
death.
Section 67: Sexual intercourse by husband upon his wife during separation or by
person in authority.
If a husband do sex with her divorce or separate wife without her will
then minimum punishment is 2 year of imprisonment (jail) & maximum
7 year of imprisonment (jail) and have to give fine.
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.
Section 68: Sexual intercourse by person in authority.
If a public servant, supervisor,jail manager or hospital manager or
any stuff seduce and do sexual intercourse with a woman then it's not
consider rape & minimum punishment is 5 year of rigorous
imprisonment (jail) & maximum 10 year of rigorous imprisonment
(jail) and have to give fine.
Whoever, being—
- (a) in a position of authority or in a fiduciary relationship; or
- (b) a public servant; or
- (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or
- (d) 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 69: Sexual intercourse by employing deceitful means, etc.
If any person promise to marry any woman & to sex with her but
don't keep his promise it's not a rape case but the punishment may
extend to 10 years of jail and fine.
Whoever, by deceitful means or making by promise to marry to a woman
without any intention of fulfilling the same, and has sexual
intercourse with her, such sexual intercourse not amounting to the
offence of rape, shall be punished with imprisonment of either
description for a term which may extend to ten years and shall also be
liable to fine.
Section 70: Gang rape.
If one or mane person rape a girl it's consider as Gang Rape if girl
is about 18 years then minimum punishment is rigorous imprisonment for
12 years & maximum punishment is life time jail with fine.
If girl is under 18 years then minimum punishment is rigorous imprisonment for life time & maximum punishment is death and have to give fine.
If girl is under 18 years then minimum punishment is rigorous imprisonment for life time & maximum punishment is death and have to give fine.
-
(1)Where a woman is raped by one or more persons constituting a
group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of
rape and shall be punished with rigorous imprisonment for a term
which shall not be less than twenty years, but which may extend to
life which shall mean imprisonment for the remainder of that
person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim. -
(2) Where a woman under eighteen years of age is raped by one or
more persons constituting a group or acting in furtherance of a
common intention, each of those persons shall be deemed to have
committed the offence of rape and shall be punished with
imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and with fine, or with
death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
Section 71: Punishment for repeat offenders.
If anyone repetitively do rape with he will be punishe for Life time jail or death
Whoever has been previously convicted of an offence punishable under
section 63 or section 64 or section 65 or section 66 or section 67 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.
Section 72: Disclosure of identity of victim of certain offences, etc.
No one reveal the identity of a victim of any rape related case. it's
a crime with maximum punishment of 2 year & fine.
Newspaper or other can show it without revealing the identity or may reveal it by the permission of case police.
Newspaper or other can show it without revealing the identity or may reveal it by the permission of case police.
- (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 63 or section 64 or section 65 or section 66 or section 67 or section 68 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
-
(2) Nothing in sub-section (1) extends to any printing or
publication of the name or any matter which may make known the
identity of the victim if such printing or publication is—
- (a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
- (b) by, or with the authorisation in writing of, the victim; or
- (c) where the victim is dead or minor or person with mental illness, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Section 73: Assault or criminal force to woman with intent to outrage her
modesty.
If anyone assault,use criminal force to any woman punished with jail
of 1 to 5 years with fine.
Whoever assaults or uses criminal force to any woman, intending to
outrage or knowing it to be likely that he will there by outrage her
modesty, shall be punished with imprisonment of either description for
a term which shall not be less than one year but which may extend to
five years, and shall also be liable to fine.
Section 74: Sexual harassment and punishment for sexual harassment.
Sexual harrasment includes touching,use advantage, request for sex, showing porn,seduce.
maximum punishment is rigorous imprisonment for 3 year and in case of seduction maximum punishment is 1 year with fine.
maximum punishment is rigorous imprisonment for 3 year and in case of seduction maximum punishment is 1 year with fine.
-
(1) A man committing any of the following acts—
- (i) physical contact and advances involving unwelcome and explicit sexual overtures; or
- (ii) a demand or request for sexual favours; or
- (iii) showing pornography against the will of a woman; or
- (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
-
(2) Any man who commits the offence specified in clause
- (i) or clause
- (ii) or clause
- (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
- (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 75: Assault or use of criminal force to woman with intent to
disrobe.
Use force or assault to any woman to make her naked shall be punishable with prisonment for 3 year to 7 years with fine.
Whoever assaults or uses criminal force to any woman or abets such act
with the intention of disrobing or compelling her to be naked, shall
be punished with imprisonment of either description for a term which
shall not be less than three years but which may extend to seven
years, and shall also be liable to fine.
Section 76: Voyeurism
Watch,took image of woman in any private act where she not allow anyone is offence. For the firat time punishment is 1 to 3 year jail but in second time 3 to 7 year jail with fine.
Whoever watches, or captures the image of a woman engaging in a
private act in circumstances where she would usually have the
expectation of not being observed either by the perpetrator or by any
other person at the behest of the perpetrator or disseminates such
image shall be punished on first conviction with imprisonment of
either description for a term which shall not be less than one year,
but which may extend to three years, and shall also be liable to fine,
and be punished on a second or subsequent conviction, with
imprisonment of either description for a term which shall not be less
than three years, but which may extend to seven years, and shall also
be liable to fine.
Section 77: Stalking
Stalking include follow a woman & contact with her where woman is not interested is an offence.Watch,took image of woman in any private act where she not allow anyone is offence. For the firat time punishment is 1 to 3 year jail but in second time 3 to 5 year jail with fine.
- (1) Any man who—
- (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
- (ii) monitors the
use by a woman of the internet, e-mail or any other form of electronic
communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—- (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
- (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
- (iii) in the particular circumstances such conduct was reasonable and justified.
- (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Section 78: Word, gesture or act intended to insult modesty of woman.
Stalking include follow a woman & contact with her where woman is not interested is an offence.Watch,took image of woman in any private act where she not allow anyone is offence. For the firat time punishment is 1 to 3 year jail but in second time 3 to 5 year jail with fine.
Whoever, intending to insult the modesty of any woman, utters any
words, makes any sound or gesture, or exhibits any object in any form,
intending that such word or sound shall be heard, or that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy
of such woman, shall be punished with simple imprisonment for a term
which may extend to three years, and also with fine.
Section 79: Dowry death.
If a woman die or injury by burn or any injury within 7 years of marriage or if she harassed by family or husband or any connection to dowry its called "Dowry death". For the firat time punishment is 1 to 3 year jail but in second time 3 to 5 year jail with fine.
- (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
- (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
