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Chart Mapping Legal Changes Regarding Sexual Offences
Chart Mapping Legal Changes Regarding Sexual Offences
Section Indian Penal Code, 1860 Criminal Law Justice Verma Committee Criminal Law (Amendment)
(Amendment) Bill, 2012 Recommendations Ordinance, 2013
(2012 Bill) (JVC)
100 Right of Private Defence of the No Change Includes right to private defence Accepted the JVC in full.
body extends to causing death, if in case of acid attack.
the assault is committed with the
intention of committing rape or
gratifying unnatural lust.
S. 166A -- New S. 166A: Public Servant Retained New S. 166A. Retained New S. 166A with
disobeying directions under New Ss. (c) - Non- recording of New Ss. (c) - Non- recording of
law which prohibits him FIR in relation to sexual FIR in relation to any cognizable
from requiring attendance of offences is made a punishable offence is made a punishable
any person or where he offence. offence. Particular mention of
knowingly disobeys the law non- recording in case of sexual
regulating the manner in offences is made.
which investigation will be
conducted. Thus, retained as in the JVC, with
changes.
Punishment: Imprisonment of
either description for 3 yrs to 7
yrs and Fine.
Punishment
On first conviction, punishable
with imprisonment of either
description for 1yr to 3 yrs and
Fine.
On subsequent conviction,
punishable with imprisonment
of either description for 3yrs to
7 yrs and Fine.
Stalking -- -- S. 354C(1): Stalking- S.354D: Stalking-
Following or contacting or
attempting to contact a person or Retained as in the JVC.
monitoring the person digitally
or spying on the person in a
manner, which interferes with
the mental peace of the person.
Punishment: Imprisonment of
either description for 1yr to 3
yrs and Fine.
370 Buying or disposing of any person No change. Replaced with Trafficking 370: Trafficking
as a slave.
Recruiting, transporting, Retained as in the JVC.
harboring,transferring or
receiving person by means of
threat, coercion, abduction,
deception, abuse of power or
inducement for the purpose of
exploitation is trafficking.
Explanation 1: Exploitation
includes prostitution, other
sexual exploitation, forced
labour, slavery, servitude,
removal of organs.
Explanation 2: Consent of the
victim is immaterial to the
offence.
Punishment: -- Punishment: Retained as in the JVC.
Imprisonment of either RI for 7 yrs to10 yrs and Fine.
description upto 7 yrs and Fine.
Where two or more persons are
trafficked: RI of 10 yrs to life,
with Fine.
Punishment:
RI for 3 yrs to 5 yrs and Fine.
375 Rape Rape Sexual Assault Rape Sexual Assault
Perpetrator is male and victim is Perpetrator and victim are Perpetrator is male and victim is Perpetrator and victim are gender
female gender neutral gender neutral neutral
Limited to penile vaginal Ss. (a) Penetration for sexual Ss. (a) Penetration by penis or Ss. (a) Penetration by penis into
penetration purpose into anus, vagina, object into anus, urethra, vagina anus, mouth, vagina or urethra.
urethra, mouth by penis or only. Deleted penetration into Deleted sexual
any object. mouth. purpose introduced in the 2012
Bill.
-- Exception for medical or Exception for medical or Exception for medical or hygienic
hygienic purpose added for hygienic purpose made only for purpose made for all the above.
penetration by any part of the penetration by object.
body as well as object.
No change.
No change.
Fourthly - rape committed by No change Fourthly amended. Rape Fourthly sexual assault
accused by impersonation of committed by impersonation committed by impersonation by
husband expanded to include accused of husband.
impersonation by accused of
anyone to whom the Thus, JVC rejected.
complainant would have
consented.
No change.
Sixthly - the age of consent is Sixthly amended to increase Deleted age of consent from the Sixthly amended to increase the
sixteen. the age of consent to definition of rape, and age of consent to eighteen years.
eighteen. introduced a new section on
underage rape. Retained as in the 2012 Bill.
-- -- Introduced new sixthly for cases New seventhly for cases where
where the person is unable to person is unable tocommunicate
communicate consent, expressly consent.
or impliedly.
JVC accepted, with changes.
Marital Rape Exemption retained, Marital sexual assault Marital rape exemption deleted Marital sexual assault exemption
wife not being under fifteen years exemption retained, wife not retained, as in the 2012 Bill.
of age being under sixteen years of
age.
-- -- Positive definition for consent to Positive definition of consent.
mean unequivocal voluntary
agreement, introduced. Retained as in the JVC.
376(1) Imprisonment of either Imprisonment of either RI for 7 yrs to life and Imprisonment of RI of either
Punishment for description for 7 yrs to life or upto description for 7 yrs to life compensation for medical description for 7 yrs to life and
Rape/Sexual 10 yrs and Fine. and Fine. expenses. Fine.
Assault Retained Fine as per IPC and
2012 Bill. Payment of
compensation, as in the JVC
dropped.
Punishment for marital sex when Punishment for rape of wife Recognised marital rape by Punishment for marital sex when
wife is 12-15 yrs of age: who is below 16 yrs of age is deleting marital rape exemption. wife is under 16 yrs is given
Imprisonment upto 2 yrs or Fine given by s. 376(2). under S. 376(2).
or both.
Age of consent is 16, however Age of consent is 18, Age of consent is 16 and thus Age of consent is 18, however
marital sex when wife is between however marital sex when marital sex with wife of 16-18 marital sex when wife is between
15 yrs and 16 yrs of age is not wifeis between 16 yrs and18 yrs is not punishable. 16-18 yrs of age is not sexual
rape, as per the exception to s. yrs of age is not sexual assault, as per the exception to s.
375. assault, as per the exception Punishment for marital sex 375.
to s. 375. when wife is 16 yrs of age or
below has been given under
s.376B.
376(2) Ss. (a) Rape by police officer of a Ss. (a) Sexual Assault by Ss. (a) Rape by Police Officer - Ss. (a) Sexual Assault by police
Punishment for woman. Police Officer -Amended to Amended it to include situations officer.
aggravated sexual make perpetrator and victim when the police officer is not on
assault gender neutral. duty provided other conditions Retained as in the 2012 Bill.
are met such as rape being
committed within
the premises of the police station
or station house et al.
-- -- Ss. (b) Rape committed by Ss. (c) Sexual Assault committed
armed forces, introduced. by armed forces.
Ss. (c) Management or staff of Ss. (c) Management or staff Ss. (d) Management or staff of Ss. (d) Management or staff of jail
jail, remand home or other place of jail, remand home or other jail remand home or other place remand home or other place of
of custody place of custody of custody. custody.
Retained the IPC section. Retained the IPC section. Retained the IPC section.
Ss. (d) Management or staff of Ss. (d) Management or staff Ss. (e) Management or staff of Ss. (e) Management or staff of
hospital takes advantage of his of hospital commits sexual hospital commits rape on patient hospital commits sexual assault
official position assault on person in the in the hospital. on person in the hospital.
hospital
Retained, as in the 2012 Bill Retained as in the 2012 Bill.
with minor changes.
-- New Ss. (e) Sexual Assault Ss. (g) Rape by relative, Ss. (f) Sexual assault by Relative,
by relative or person in guardian, teacher, person in guardian, teacher, person in
position of trust or authority. position of trust or authority. position of trust or authority.
Provision expanded.
Retained as in JVC.
Ss.(e) Rape of pregnant woman Ss. (f) Sexual Assault of Ss.(f) Rape of Pregnant Woman. Ss.(g) Sexual Assault of pregnant
pregnant woman. Reframed Reframed as rape. woman. Reframed as sexual
as sexual assault. assault.
Ss.(f) Rape of woman when she is Ss. (g) Sexual Assault on Introduced new section S. 376B. Ss. (h) Sexual Assault on a person
under 12 yrs of age. person who is under 18 yrs of Removed underage when the person is under eighteen
age rape from S.376(2). years of age.
Ss.(g) Commits gang rape Ss.(h)Changed gang rape to New S. 376C: Gangrape. New S. 376D: Gangrape.
having common intention in Removed gangrape from S. Removed gangrape from S.
the furtherance of the 376(2). 376(2).
intention commits sexual
assault
-- Ss.(i) Sexual Assault by a Deleted in the JVC. Ss.(j) Sexual Assault by a person
person in a position of in a position of economic or
economic or social or social dominance.
political dominance
Retained as in the 2012 bill, but
deleted political dominance.
-- New Ss. (j) Sexual Assault No separate section on New Ss. (k) Sexual Assault on
on person suffering from disabilities. person suffering from mental or
mental or physical disability However, it is covered in ss.(h). physical disability.
Punishment: RI for 10 yrs to life Punishment: RI for 10 yrs to Punishment: RI for 10 yrs to Punishment:
and Fine. life and Fine. life and Compensation for RI of 10 years to life and Fine.
Provided that courts may for Courts discretion to impose medical expenses of victim. Courts discretion to impose a
adequate reasons impose a lesser a reduced sentence deleted. Courts discretion to impose a reduced sentence deleted.
sentence of either description for reduced sentence deleted.
a term of less than ten years. Retained as in the 2012 Bill.
Punishment for -- -- New S. 376(3) Rape resulting in Section 376A: Sexual Assault
causing death or vegetative state or causing resulting in vegetative state or
persistent death. causing death.
vegetative state
due to rape or
sexual assault. -- -- Punishment: RI for 20 yrs to Punishment: RI for 20 yrs to life,
life, without parole. without parole or death penalty.
Sexual S. 376B Intercourse by a Public S. 376B Sexual Intercourse S. 376A Intercourse by a person S.376C Sexual Intercourse by a
Intercourse by a Servant with a Woman in his by a person in authority. in authority, public servant etc. Person in Authority.
person in custody.
Authority.
-- Ss.(a) Person being in a Ss.(a) Persons in position of Ss.(a) Persons in position of
position of authority. authority or in a fiduciary authority or in a fiduciary
relationship. relationship.
-- Ss. (c) Superintendent or Ss. (c) Superintendent or Ss. (c) Retained as in the 2012
manager of jail, remand manager of jail, remand home or Bill.
home or other place of other place of custody
custody established by law, established by law, or womens
or womens and childrens and childrens institution,
institution. observation homes, beggar
homes, or any institution for the
reception and care of women or
children.
Ss. (d) Management or staff Ss. (d) Management or staff of a Ss. (d) Management of staff of a
of a hospital. hospital. hospital.
Situations which will be Situations which will be Situations which will considered
considered punishable-takes considered punishable -abuses punishable - abuses such position
advantage of the position and such position or fiduciary or fiduciary relationship to induce
induces or seduces any relationship to induce any or seduce any person in the first
person either in the first person in their custody to have mentioned persons custody or
mentioned persons custody sexual intercourse with them under the first mentioned persons
or under the first mentioned charge or present in the premises
persons charge or present in
the premises Retained all situations of abuse of
power as envisaged in the 2012
Bill and the JVC.
Rape of an S. 375 Sixthly Rape of a woman S. 375 Sixthly Sexual Assault New S. 376B (1) Rape of an S. 375 Sixthly Sexual Assault on a
underage Person with or without her consent when on a person with or without underage person- If a man has person with or without the
she is under sixteen years of age. the persons consent when sexual intercourse with a person persons consent when such other
such other person is under below sixteen years of age with person is under eighteen years of
eighteen years of age or without that persons consent. age.
Intercourse by Section 376D Deleted Section 376D, as Deleted Section 376D, asalready Deleted Section 376D, as already
member of already included in S. 376. included in S. 376. included in S. 376.
management of
staff of hospital
Punishment for -- -- New S. 376E. Punishment for New S. 376E. Punishment for
repeat offenders Repeat Offenders. Repeat Offenders.
Breach of -- -- New S. 376F Public servant in Did not accept the JVC.
Command command, control or
Responsibility supervision of police or armed
forced or assuming control
lawfully or otherwise and unable
to prevent sexual offences
committed by persons who are
under his or her supervision,
command or control.
Punishment:
RI for 7yrs to 10 yrs.
S.509: Word S. 509 Word, Gesture or Act No change in the substantive Deleted, as offences brought Retained S. 509, as in 2012 Bill.
Gesture or Act intended to insult the modesty of a section. under new S. 354
intended to insult woman.
the modesty of a
woman Punishment: SI upto 1 yr or Fine Punishment: SI upto 3 yrs -- Punishment: SI upto 3 yrs and
or both. and Fine not less than Fine. Did not quantify the amount
Rs.1000. of fine to be imposed.
39(1) Public to give information of -- Expanded to include newly Did not accept the JVC.
certain offences. created offences such as acid
attacks.
40A Duty of officers employed in -- Made it mandatory on officers in Did not accept the JVC.
connection with the affairs of a connection with village affairs
village to make certain report. and persons connected to village
panchayats to communicate
information to Magistrate or
police officer regarding sexual
offences.
54A Identification of Person arrested. -- Added a proviso stating that if a Retained as in the JVC.
disabled person is identifying
the accused, the identification
will take place in a manner the
person is comfortable with
under the supervision of a
magistrate.
Added another proviso stating
that if the person arrested is
disabled, the identification will
be videographed.
154 Information in cognizable cases. New Proviso: in case of Amended the proviso: In case of Accepted the JVC in full.
sexual offences, where the sexual offences, where
informant is the woman, the informant is given by the
information will be recorded complainant woman, the
by a female a police officer. information will be recorded by
a female police officer and the
woman will get legal assistance
and the assistance of a
healthcare worker and/or a
womens organization.
273 Evidence to be taken in presence Added a proviso before Retained the proviso, and Retained the proviso, as in the
of accused. Explanation- Where the specified the sections containing 2012 Bill.
evidence of a person below the sexual offences.
18 years who has been
subjected to sexual assault or Retained as in the 2012 Bill,
sexual offence is being with changes.
recorded, the court will
ensure that the person will
not be confronted by the
accused.
327 Court to be open, except in rape Retained as in IPC. Expanded the exceptions where Restricted in camera proceedings
cases where proceedings will be Reframed as sexual assault. the trial is conducted in camera to sexual assault cases only.
conducted in camera. to include not only rape but all
sexual offences.
357 Order to pay compensation. New Ss. 4 - The court when Did not accept the JVC.
imposing sentence on rape or
acid attack will order the
convicted person to pay
compensation for medical
expenses of accused.