How India's Laws Against Sexual Offenses Have Been Strengthened By The Criminal Law (Amendment) Act of 2013?

This Article has been written by Aditi Shakya, from Institute of Law, Jiwaji University Gwalior

Table of Contents

Introduction

The Criminal Law (Amendment) Act 2013, commonly known as the Nirbhaya Act, resulted in significant changes to the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act. The Act was introduced as a result of public outcry and requests for stricter legislation against sexual assaults following the savage gang rape and killing of a young lady in Delhi in 2012. The flaws of the earlier rape-related legislation in India as well as the primary modifications made by the Act will be discussed in this article.

What constitutes Rape?

Section 375 of the IPC broadens the definition and meaning of the crime of rape. The Act broadened the definition of rape to include penetration through the mouth and anal passageways with any instrument, in addition to penetration through the penile-vaginal region. This move was significant because it recognized the range of experiences that survivors have and the reality that sexual assault goes beyond stereotypes associated with rape.

Consent and Marital Rape

The subject of consent in marital relationships was likewise covered by the Act. In the past, spouses who had sex without their wives’ permission were protected under the IPC. According to the 2013 amendments, consent should be the basis of all sexual relationships, including marriage. Marital rape is now illegal and cannot be tolerated, regardless of the victim’s connection to the offender.

Severe Penalties

Before the amendment, the minimum punishment for rape was seven years in prison, and in certain cases, a life sentence was feasible. A number of measures were taken by the Act to enhance the penalty for sexual offenses, including:

1. An increase Minimum penalty:

Strict 10-year jail term with a possible life sentence is now the minimum punishment for rape. This served as a deterrence by guaranteeing that offenders would receive harsher penalties.

2. Death sentence:

In accordance with the Act, a serious sexual assault victim who has gone away or is in a protracted vegetative state may henceforth be punished with the death sentence. The purpose of this section was to discuss severe cruelty cases and act as a strong deterrence to such events in the future.

Modifications to CrPC

In order to expedite the investigation and trial procedures for sexual offenses, the CrPC was also modified. Among the noteworthy changes are:

1. Testimony Documentation: Currently, Section 164 requires a magistrate to record the survivor’s statement within twenty-four hours of the person getting in touch with the police. The purpose of this clause is to guarantee swift action and stop additional victimization.

2. Time-bound Trials: The Act included provisions designed to bring the trial to a swift conclusion, with the goal of submitting the charge sheet no later than two months from the start. Ensuring the timely delivery of justice and avoiding unnecessary delays in the judicial system were made possible by this improvement.

The shortcomings of the previous provisions

1. An exclusionary definition of rape

The definition of “rape” was restricted before the amendments, with a focus on penile-vaginal penetration. Due to this prohibition, many types of sexual assault were unreported, and survivors were left without adequate legal redress.

2. Adaptable Sanctions:

The previous rules sometimes stipulated light penalties for sexual offenses, which did not fairly represent the seriousness of the crimes. Because of how often perpetrators avoided severe punishment, an aura of impunity pervaded the situation.

3. Procedure Hold-Ups:

Due to procedural bottlenecks, the current court system made it more difficult to provide justice on time. The backlog of cases and protracted trials posed further difficulties for survivors seeking justice.

7. Criminalization of marriage rape:

The Act, which outlawed non-consensual sexual acts during matrimony, closed a long-standing legal loophole and marked a dramatic departure from earlier legal doctrine. This action challenged long-standing traditions that had protected offenders while acknowledging the significance of individual liberty and consent in marital unions.

8. Verbal and non-physical assaults are recognized legally:

The modifications recognized the variety of sexual offenses and accepted both verbal and non-physical forms of sexual assault. This change made it possible to acknowledge that coercion, verbal threats, and other non-physical techniques might result in sexual offenses, which led to a more complex understanding of these crimes.

9. Social Movements and Public Outcry:

The changes were both a legal solution and a response to significant public outcry and protests, especially after the Nirbhaya case. The need for these reforms was mostly spurred by societal movements that favored women’s equality and fairness.

10. Problems and Denials:

Execution obstacles: The successful execution of the changes faced obstacles even though they marked a major improvement. It was challenging to implement the legal changes swiftly and completely due to issues such a lack of resources, backlogs in the courts, and a lack of awareness of the recently formed laws.
Attitude and Cultural Shifts: Laws alone are unable to change societal opinions. The deeply embedded societal expectations and perspectives on gender roles and sexual orientation hindered the successful implementation of the reforms. Ongoing education and awareness initiatives are crucial for fostering long-lasting cultural changes.

The Nirbhaya Case of Mukesh and Others v. State (NCT of Delhi)

I. The Case Facts

The Nirbhaya case is this one, as everyone knows. On December 16, 2012, a 23-year-old medical student was sexually attacked by six males on the bus. She boarded with a guy acquaintance on her way home. Among the six individuals were a young man and a driver. The males called her insults and started verbally abusing her and her male buddy before dragging her to the rear of the bus where they sexually assaulted her. The attackers threw them both nude in the middle of the road and drove a rod into her body after sexually assaulting and badly beating her. Nirbhaya, the woman, died as a result of her injuries. on December 29, 2012, in a Singaporean hospital as a result of multiple organ failure, internal bleeding, and cardiac arrest. This story is “from a different world where humanity has been treated with irreverence,” according to the Hon’ble Justice Dipak Misra.

II. The accusations made against the defendant

The following accusations were made against the offenders:

1. Penalties under Section 120-B of the IPC for criminal conspiracy

2. Abduction or kidnapping—Sections 365 and 366 IPC

3. Using Section 307 to commit a murderous attempt

4. Prior to the change, Section 376 (2)(g) included gang rape and unnatural offenses; Section 377 IPC covered them as well.

5. Penalties under Sections 395 and 396 of the IPC for dacoity and dacoity with murder

6. Section 302 of the IPC Penalties for Murder

7. Section 201 IPC: Making false statements or obfuscating evidence of a crime

Section 412 of the Indian Penal Code: Obtaining property unlawfully via deceit

III. Evaluation

Four of the six defendants were found guilty of the designated offenses by the court in its decision. The guilty parties received the death sentence. The case was abandoned because Ram Singh, the accused, committed suicide during the trial. Following an additional trial presided over by the Juvenile Justice Board, the juvenile in question received a three-year term to a reformatory home after being found guilty. In this instance, the Supreme Court maintained the death punishment that the High Court had validated since the number of aggravating factors exceeded the number of mitigating ones. In addition, the court dismissed all of the appeals filed by the defendants. The Court categorized this case as one of “the rare cases” due to the severity and heinousness of the offense committed. of the rarest,” adhering to a principle that was established in the 1980 case of Bacchan v. State of Punjab.

IV. Committee on Justice Verma.

In response to this occurrence, the government formed the Committee, which was chaired by Justice J.S. Verma, to look at potential amendments to the penal code that would enhance existing provisions protecting women and add new ones in view of the surge in crimes against women. When it was founded on December 23, 2012, it promised to produce the committee report within 30 days because of the urgency and promptness demanded by the Nirbhaya case. The primary objective of this group was to propose amendments to the criminal law that would allow for speedy trials in specific circumstances, especially those involving crimes against women.

V. The Justice Verma Committee’s proposal

1. It disapproved of the death sentence as a rape punishment because it thought it would not serve as a deterrence to society, and instead advocated life in prison for the offence.

2. It is advised to include sexual assault against men and rape committed by homosexuals, transgender people, or transsexuals under the legal definition of criminal activity.

3. The law’s section that permits “marital rape” should be removed as well.

4. All non-consensual or non-penetrative sexual activity ought to be considered a “sexual assault” offence.

5. The committee also recommended the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, a law that was then pending before the parliament.

6. The argument was to make “acid attack,” which was once included in the definition of “grievous hurt,” a distinct offense.

7. It has also recommended a few modifications to the rape victim’s medical evaluation, such as doing away with the two-finger test.

8. It also suggested setting up a rape crisis cell to provide legal assistance to victims of rape.

9. The police are in charge of documenting any such accusations and filing reports of rape events. They have to be punished in line with the terms of the Act. if they neglect to carry out their obligation.

10. The committee also advises using literacy programs to teach the children about sex.

11. It also stated the opinion that candidates should be disqualified if they are guilty of sexual offenses and suggested some electoral modifications in compliance with the Representation of the People Act, 1951.

Reactions to the Amendment

I. Laws do not treat gender equally.

Given the rise in these crimes in recent years, the Committee is in favor of including measures that would provide redress to victims of sexual assault who identify as male, transgender, or gay. Still, this recommendation was rejected. Critics highlighted the discriminatory nature of the penal code against women. There was no mention of these crimes committed against populations other than women. The reality was different, despite the fact that the existing judicial system sees only males as perpetrators and only women as victims. A Ministry of Justice analysis estimates that 72,000 men and 404,000 women in the UK fall victim to sexual offenses annually. Despite these advancements, gender parity is not achieved under the requirements of this amendment.

II. Removing the section about rape in marriage

The Committee’s recommendation to make “marital rape” a crime was not followed by this amendment, which drew criticism as well. A husband and wife who are not younger than 15 years old may engage in sexual relations; this is not considered rape, according to Section 375’s exception. This clause has the effect of absolving any husband who coerces his wife into having sex without her consent from legal consequences. Consequently, a number of jurists advocate for the repeal of this exception, which this amendment does not accomplish.

III. Refusing to exclude lawmakers charged with sexual offenses

The Committee’s suggestion includes a phrase that would forbid candidates charged of sexual offenses from standing for office under the Representation of People Act, 1951, even if the Criminal Law (Amendment) Act, 2013 does not contain such provisions. According to current statistics from the affidavits of individuals seeking office in the states of Goa, Punjab, and Uttarakhand, some candidates have been charged with major offenses. Five people in Punjab were accused of demeaning women’s modesty, and two of them were suspected of rape. In Uttarakhand, one individual was accused of rape and four others of outraging a woman’s modesty. Similarly, five instances were discovered in the state of Goa. to have offended women’s modesty, and one was officially reported as a rape. The Amendment Act disregarded the effects of these trends on society at large, despite these facts.

Conclusion

The Criminal Law (Amendment) Act 2013 made significant changes in an effort to address the flaws of former legislation in India concerning sexual offenses. By strengthening punishments, recognizing marital rape, expanding the definition of rape, and enhancing the prosecution and trial processes, the Act aimed to protect victims of sexual abuse and deter future offenders. Despite these modifications, it remains challenging to effectively administer and enforce the legislation in the battle against sexual offenses. Creating safe spaces, changing societal attitudes, and supporting people who have suffered such horrific actions will all require continued effort.

In conclusion, even if the changes have definitely strengthened the legal response to sexual offenses, ongoing efforts are necessary to ensure their effective implementation, address societal viewpoints, and establish a safer milieu for all. The Act is a shining example of progress, but creating a society where justice is upheld and victims find comfort in the judicial system will take time and dedication. But there is still work to be done in order to create a society that is safer and more just. Ensuring the lasting impact of these legal improvements requires addressing implementation issues, promoting cultural adjustments, and upholding a commitment to justice. The Act emphasises the significance of ongoing efforts to establish a society where every individual is safeguarded from harm and provides a basis for future improvements.