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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

A CRITICAL STUDY ON RAPE LAW IN INDIA – Ayush Ahuja & Dr. Harpreet Kaur

  1. INTRODUCTION

The Delhi gang rape case and the subsequent mass protests prompted the Indian Government to acknowledge the existing problem and the need to promptly implement necessary measures for reform. The Justice Verma Committee A comprehensive report was compiled by three highly esteemed legal experts: retired Justice J S Verma, retired Justice Leila Seth, and Solicitor General Gopal Subramanian. This report was produced through extensive consultations with multiple stakeholders, which involved a meticulous examination of 80,000 suggestions received from the public. The Report served as the primary comprehensive document on sexual violence against women in India. On 3rd February 2013, President of India, Dr. Pranab Mukherjee, issued an ordinance in accordance with the recommendations of the Justice Verma Committee. The government introduced a bill that was first approved by the Lok Sabha on March 19, 2013, and later ratified by the Rajya Sabha on March 21, 2013. The President of India, Dr. Pranab Mukherjee, signed and approved the bill on April 2nd, 2013. The Criminal Law (Amendment) Act, 2013 was set to become effective on February 3, 2013, as it was officially announced on the same day.

The Criminal Law (Amendment) Act, 2013 enacted substantial modifications in the legal framework. The Indian Penal Code (IPC) of 1860, the Indian Evidence Act (IEA) of 1872, the Code of Criminal Procedure (CrPC) of 1973, and the Protection of Children from Sexual Offences Act (PCSO) of 2012 have all undergone amendments.

The Indian Penal Code (IPC) of 1860 was modified by the Criminal Law (Amendment) Act of 2013. The amendments had an impact on sections 100, 228A, 354, 370, 370A, 375, 376, 376A, 376B, 376C, 376D, and 509. The Act introduced additional provisions, namely Section 166A, Section 166B, Section 326A, Section 326B, Section 354A, Section 354B, Section 354C, and Section 354D.The Criminal Law (Amendment) Act, 2013 made amendments to various sections and the First Schedule of the Code of Criminal Procedure (CrPC) 1973. Additional provisions have been incorporated into the Code of Criminal Procedure (CrPC), namely Section 357B and Section 357C.

The Indian Evidence Act (IEA) of 1872 made revisions to sections 114, 119, and 146. An additional clause, referred to as Sections 53A, was appended to the Indian Evidence Act (IEA) 1872.

An amendment was made to Section 42 of the Protection of Children from Sexual Offences Act, 2012. The legislation pertaining to rape and sexual offenses in India experienced substantial modifications subsequent to the enactment of the Criminal Law (Amendment) Act 2013. The present legislation under the Indian penal code embodies noteworthy modifications that have been enacted. There has been a significant increase in crimes targeting women, which has brought attention to the inadequacy of existing laws, as demonstrated by numerous court rulings. [1]

[1]Kaini Rajan v State of Kerala (2013) 9 SCC 113