516:
moral policing and victim blaming. In such cases, crucial evidence is lost, which results in botched up investigations, as well as acquittals, or convictions not on the offenses of rape, besides enhancing confidence or rapists getting away with their crime. Furthermore, in some cases, police officials do not investigate or take action in-time citing jurisdiction, or dismissing incidents that have not happened yet. Complicating such investigations is an old fashioned Police Act of 1861, which several states continue to use as policing becomes a state issue as per the
Constitution of India, and mandatory overtime work for police personnel, especially the constable ranks. In instances where the victims belong to the marginalized communities, like Dalit or Muslim, or where the culprits belong to the political elite or privileged class, the victims face humiliations at the hands of police officers as well as being put in lock-ups under false cases. The
561:
there was considerable evidence that it did not serve as a deterrence, the amendment still mandated death penalty in cases of repeat offenses, death of the victim, or if the victim is left in vegetative state, or for minor victims below the age of 12. Additionally, the amendment does not change the general attitudes towards victims, as many view that women are to be blamed for rape, when in fact, the culprits are to be held responsible. Furthermore, the changes in the law does nothing with regards to judicial competencies, especially when judges make decisions that deny justice to the victims, despite evidence. For such decisions, criticism of the judiciary is considered as contempt of court, due to an aristocratic mindset and superiority of judges, that has been in carried forward after
Independence.
483:, 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 the remainder of that person’s natural life, or with death." In case of "gang rape", persons involved regardless of their gender shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim. The
251:, was given a month to submit its report. The Committee submitted its report within 29 days, on 23 January 2013, supposedly after considering the 80,000 suggestions and petitions received by them during that same period from the public in general and particularly from jurists, lawyers, NGOs and women's groups. The report indicated that failures on the part of the Government and Police were the root cause behind crimes against women. Major suggestions of the report included the need to review
616:
serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking". Punishment for the offence has been changed; A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.
31:
447:, or by abuse of power, or inducement for exploitation including prostitution, slavery, forced organ removal, etc. will be punished with imprisonment ranging from at least 7 years to imprisonment for the remainder of that person's natural life depending on the number or category of persons trafficked. Employment of a trafficked person will attract penal provision as well.
553:, the rape convicts were erroneously granted parole several times and remission on 15 August 2022, where they threatened the victims and witnesses. The remission was however, overturned by the Supreme Court on 8 January 2024, noting several frauds committed by the convicts requesting remission, as well as mentioning the observations from the
228:"to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure". Public protests took place in Delhi, where thousands of protesters clashed with security forces. Similar protests took place in major cities throughout the country.
599:"Clause (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature" has been removed. Punishment for offence under clause (i) and (ii) has been reduced from five years of imprisonment to three years. The offence is no longer gender-neutral, only a man can commit the offence on a woman.
548:
have been granted parole, despite objections and criticism. The amendment, which also does not grant remissions to rape convicts serving life imprisonment, has not worked for cases which are disposed before the amendment was enacted and enforced - in the 2002 Bilkis Bano case which took place during
394:
Only protects women. The prohibited action is defines thus: "Watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim's genitals, buttocks or breasts are
573:
The Bill was passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, making certain changes from the provisions in the
Ordinance. The Bill received Presidential assent on 2 April 2013 and came into force retrospectively from 3 February 2013. The changes made in the Act in
615:
The offence is no longer gender-neutral, only a man can commit the offence on a woman. The definition has been reworded and broken down into clauses, The exclusion clause and the following sentence has been removed "or watches or spies on a person in a manner that results in a fear of violence or
560:
The
Amendment has been termed as an eyewash by several women safety activists, as it neither served any deterrence for crimes against women including rape, nor it solved the core problems of women's safety. Despite the Justice Verma Commission's recommendations of not having capital punishment as
515:
The
Amendment, while stating that registration of FIR's and reports is mandatory, does not serve any effect on law enforcement, especially state police forces, as there are cases where police officers ignore and refuse to file reports and starting investigations, while allowing them to indulge in
503:
The law has been severely criticized for being gender biased and giving women the legal authority to commit exactly the same crimes (against which they seek protection) against men with impunity. The
Criminal Law (Amendment) Ordinance, 2013 has been strongly criticised by several human rights and
390:
In case of first conviction, imprisonment not 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
564:
The
Amendment recommended imparting of sex education for children, as well as adult literacy programs for gender empowerment. However, sex education has been opposed by several political leaders and activists, as well as right wing organizations, stating that sex education does not fit in Indian
475:
constitutes the offence of sexual assault. The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situations the punishment will be imprisonment not less than seven
411:
Only protects women from being stalked by men. The prohibited action is defined thus: "To follow a woman and contact, or attempt to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitor the use by a woman of the internet,
494:
Certain changes has been introduced in the CrPC and
Evidence Act, like the process of recording the statement of the victim has been made more victim friendly and easy but the two critical changes are: 1. the 'character of the victim' is now rendered totally irrelevant, and 2. there is now a
543:
The
Amendment also fails to mandate keeping rape victims and key witnesses under protection, with the exception of Delhi Police and Delhi State Government. Due to the non-provision of witness protection, rape victims and witnesses have been attacked and murdered by the family or kin of the
476:
years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment 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.
412:
email or any other form of electronic communication. There are exceptions to this section which include such act being in course of preventing or detecting a crime authorised by State or in compliance of certain law or was reasonable and justified."
266:, 90 percent of the suggestions given by the Verma Committee Report have been incorporated into the Ordinance. The ordinance was subsequently replaced by a Bill with numerous changes, which was passed by the Lok Sabha on 19 March 2013.
279:
This new Act has expressly recognised certain acts as offences which were dealt under related laws. These new offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code:
544:
perpetrators, as well as by the perpetrators themselves if granted bail or parole. While the amendment mentions not granting bail or parole to rape convicts, there have been instances where high profile rape convicts, such as
1283:
458:
to sexual assault, in the Act the word 'rape' has been retained in
Section 375, and was extended to include acts in addition to vaginal penetration. The definition is broadly worded with acts like penetration of
1002:
479:
A new section, 376A has been added which states that if a person committing the offence of sexual assault, "inflicts an injury which causes the death of the person or causes the person to be in a
308:
Imprisonment not less than ten years but which may extend to imprisonment for life and with fine which shall be just and reasonable to meet the medical expenses and it shall be paid to the victim
1261:
1163:
262:
on 1 February 2013 approved for bringing an ordinance, for giving effect to the changes in law as suggested by the Verma Committee Report. According to former Minister of Law and Justice,
1538:
508:, reduction of age of consent, amending Armed Forces (Special Powers) Act so that no sanction is needed for prosecuting an armed force personnel accused of a crime against woman. The
1051:
690:
920:
58:
An Act further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012.
236:
1275:
216:. She died from her injuries thirteen days later, despite receiving treatment in India and Singapore. The incident generated international coverage and was condemned by the
1305:
887:
809:
946:
1456:
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Only protects women against anyone who "Assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked."
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1510:
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exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public."
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in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute
1026:
775:
1173:
832:
1195:
976:
1539:"Lack of Sex Education in India and Its Growing Importance in The Digital Era - Palak Chakraborty Avantika Mishra | PDF | Sex Education | Adolescence"
859:
749:
1563:
1137:
1221:
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Fine shall be just and reasonable to meet medical expenses for treatment of victim, while in the Ordinance it was fine up to Rupees 10 lakhs.
255:
in conflict areas, maximum punishment for rape as life imprisonment and not death penalty, clear ambiguity over control of Delhi Police etc.
164:
1405:
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661:
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presumption of 'no consent' in a case where sexual intercourse is proved and the victim states in the court that she did not consent.
152:
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533:
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171:. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an
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537:
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Rigorous imprisonment up to three years, or with fine, or with both in case of offence described in clauses (i), (ii) or (iii)
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for exploitation. If a person (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person, by using
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women's rights organisations for not including certain suggestions recommended by the Verma Committee Report like,
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passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of
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Six days after the incident, on 22 December 2012, the central government appointed a judicial committee headed by
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184:
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Section 370 of Indian Penal Code (IPC) has been substituted with new sections, 370 and 370A which deals with
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1524:
512:, replied that it has not rejected the suggestions fully, but changes can be made after proper discussion.
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Imprisonment not less than five years but which may extend to seven years, and shall also be liable to fine
525:
408:
Imprisonment not less than one year but which may extend to three years, and shall also be liable to fine
1457:""SC quashes Gujarat govt's remission order for convicts in Bilkis Bano case — 'abuse of discretion'""
1431:"Bilkis Bano case: Gujarat has set bad precedent by releasing convicts, says judge who sentenced them"
1628:
805:
529:
521:
517:
1331:
1262:"Eight-year-old lawsuit by Delhi Police constable seeks reasonable duty hours, recognition of work"
509:
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into the vagina, urethra, anus or mouth; or any object or any part of body to any extent, into the
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has been infamous in handling such cases, especially when it required intervention of the
168:
374:
Imprisonment not less than three years but which may extend to seven years and with fine.
860:"Shinde calls meeting of Chief Secretaries, police chiefs to review crime against women"
607:
The offence is no longer gender-neutral, only a man can commit the offence on a woman.
488:
484:
1276:"Hathras gangrape case: SHO transferred to police lines for failing to 'act promptly'"
1607:
505:
348:
physical contact and advances involving unwelcome and explicit sexual overtures; or
240:
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70:
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have taken over such investigations following State Government or court orders.
303:
232:
108:
1511:"Future assets: Gauhati HC grants bail to IIT-Guwahati student accused of rape"
977:"Cabinet clears anti-rape law ordinance, says death sentence for extreme cases"
1497:"To Solve Violence Against Women, We Need More Than Just Criminal Law Reforms"
436:
244:
205:
49:
30:
1369:
1027:"We have accepted 90% of Justice Verma panel's recommendations: Law Minister"
864:
450:
The most important change that has been made is the change in definition of
444:
385:
360:
any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
209:
90:
921:"Failure of governance root cause of crimes against women: Verma committee"
776:"President signs ordinance to effect changes in laws against sexual crimes"
471:
or anus of another woman or making another person do so; to apply mouth or
565:
cultural norms, and that it will corrupt the mindsets of school children.
432:
403:
217:
472:
468:
428:
340:
Imprisonment up to one year, or with fine, or with both in other cases
1222:"A Dalit Minor Was Gang Raped Twice, UP Police Ignored The First Time"
218:
United Nations Entity for Gender Equality and the Empowerment of Women
464:
750:"Prez Pranab Mukherjee promulgates ordinance on crime against women"
1406:"Rape Convict Ram Rahim To Leave Jail Again, 9th Parole In 4 Years"
460:
440:
213:
80:
685:
683:
557:, the magistrate and Superintendent of Police of Dahod, Gujarat.
1391:"Unnao Is Another Example of How India Fails Its Rape Survivors"
1332:"Unnao Rape: FIR Filed Against BJP MLA, Case Transferred to CBI"
451:
656:
654:
239:, to suggest amendments to criminal law to sternly deal with
624:"Prostitution" has been removed from the explanation clause
454:
under IPC. Although the Ordinance sought to change the word
1138:"Despite protest, ordinance on sexual offences promulgated"
1306:"U.P. Minister Gayatri Prajapati arrested on rape charge"
888:"Justice J S Verma committee submits report on rape laws"
1003:"UPA's Black Friday: Ashwani Kumar, Pawan Bansal resign"
391:
extend to seven years, and shall also be liable to fine.
243:
cases. The committee, which also included retired judge
718:
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183:, on 3 February 2013, in light of the protests in the
1085:"Read: Ordinance vs Verma commission recommendations"
149:
The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act)
947:"Read: Highlights of Justice Verma Committee report"
574:
comparison with the Ordinance is listed as follows:
1074:
Section 8, Criminal Law (Amendment) Ordinance, 2013
1065:
Section 7, Criminal Law (Amendment) Ordinance, 2013
130:
122:
114:
104:
96:
86:
76:
66:
37:
23:
1237:"Hyderabad Rape Case: The Horror and the Shame"
1564:"No sex education, say Uttar Pradesh teachers"
833:"UN Women condemns gang rape of Delhi student"
802:"IAP condoles death of Delhi gang-rape victim"
1061:
1059:
8:
270:The Criminal Law (Amendment) Ordinance, 2013
1164:"Open to revisions in anti-rape bill: Govt"
1111:"Women groups protest anti-rape ordinance"
351:a demand or request for sexual favours; or
1196:"Govt defends ordinance on sexual crimes"
835:(Press release). UN Women. Archived from
1594:Criminal Law (Amendment) Ordinance, 2013
1471:"Justice Verma Committee Report Summary"
1136:Reddy, B. Muralidhar (3 February 2013).
831:Stenhammer, Anne F. (20 December 2012).
641:
639:
576:
282:
1358:"Allahabad HC takes up Unnao rape case"
635:
55:
1235:Menon, Amarnath K. (6 December 2019).
569:The Criminal Law (Amendment) Act, 2013
24:The Criminal Law (Amendment) Act, 2013
20:
1404:Ghazali, Mohammed (19 January 2024).
344:Only protects women. Provisions are:
7:
1634:Acts of the Parliament of India 2013
1286:from the original on 9 October 2020
858:Joshi, Sandeep (24 December 2012).
812:from the original on 1 January 2013
357:making sexually coloured remark; or
1599:Criminal Law (Amendment) Act, 2013
919:Joshi, Sandeep (23 January 2013).
371:Act with intent to disrobe a woman
14:
1172:. 3 February 2013. Archived from
953:. 23 January 2013. Archived from
896:. 23 January 2013. Archived from
691:"Lok Sabha passes anti-rape bill"
534:2020 Hathras gang rape and murder
354:forcibly showing pornographys; or
165:Code of Criminal Procedure, 1973
29:
730:. Chennai, India. 24 March 2013
697:. 19 March 2013. Archived from
538:Central Bureau of Investigation
1356:Rashid, Omar (11 April 2018).
1:
662:"Lok Sabha passes amendments"
237:former Judge of Supreme Court
201:On 16 December 2012 a female
481:persistent vegetative state
1650:
804:. New Delhi: Zeenews.com.
194:
197:2012 Delhi gang rape case
185:2012 Delhi gang rape case
138:
44:
28:
1525:"Criticising the courts"
536:. In several cases, the
724:"Anti-rape Bill passed"
648:Section 1(2) of the Act
546:Gurmeet Ram Rahim Singh
526:Supreme Court of India
473:touching private parts
319:Attempt to Acid attack
1282:. 27 September 2020.
621:Trafficking of person
425:trafficking of person
247:and leading advocate
808:. 29 December 2012.
530:2017 Unnao rape case
522:Allahabad High Court
518:Uttar Pradesh Police
220:, who called on the
1614:Indian criminal law
900:on 16 February 2013
510:Government of India
226:Government of Delhi
222:Government of India
175:promulgated by the
167:on laws related to
161:Indian Evidence Act
39:Parliament of India
1624:2013 in Indian law
1169:The Times of India
1008:The Times of India
957:on 27 January 2013
893:The Times of India
839:on 24 January 2013
551:2002 Gujarat riots
177:President of India
153:Indian legislation
77:Territorial extent
71:Act No. 13 of 2013
16:Indian legislation
1619:Sex laws in India
1202:. 4 February 2013
1117:. 4 February 2013
1091:. 1 February 2013
1033:. 3 February 2013
983:. 1 February 2013
782:. 3 February 2013
756:. 3 February 2013
628:
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596:Sexual harassment
416:
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334:Sexual harassment
260:Cabinet Ministers
249:Gopal Subramaniam
157:Indian Penal Code
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1437:. 19 August 2022
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1176:on 11 April 2013
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1144:. Chennai, India
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1011:. Archived from
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927:. Chennai, India
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868:. Chennai, India
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181:Pranab Mukherjee
123:Assented to
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1477:. 23 March 2017
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1312:. 15 March 2017
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668:. 19 March 2013
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325:Gender neutral
311:Gender neutral
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208:was beaten and
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1588:External links
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126:2 April 2013
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1280:India Today
1241:India Today
872:27 December
843:21 December
816:30 December
780:India Today
588:Acid attack
528:, like the
304:Acid attack
233:J. S. Verma
109:Rajya Sabha
1608:Categories
1548:1 December
1415:23 January
1246:9 December
1206:5 February
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951:CNNIBNLive
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631:References
499:Criticisms
292:Punishment
245:Leila Seth
210:gang raped
195:See also:
191:Background
50:Long title
1481:8 October
1441:20 August
1435:Scroll.in
1370:0971-751X
1362:The Hindu
1336:The Quint
1310:The Hindu
1290:7 October
1142:The Hindu
925:The Hindu
865:The Hindu
728:The Hindu
604:Voyeurism
445:deception
437:abduction
386:Voyeurism
173:Ordinance
131:Commenced
91:Lok Sabha
1576:13 March
1475:PRSIndia
1375:12 April
1341:12 April
1316:16 March
1284:Archived
1200:LiveMint
810:Archived
734:24 March
612:Stalking
583:Changes
532:and the
524:and the
433:coercion
404:Stalking
224:and the
142:In force
67:Citation
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429:threats
289:Offence
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1543:Scribd
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295:Notes
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163:, and
151:is an
115:Passed
97:Passed
461:penis
443:, or
441:fraud
439:, or
435:, or
253:AFSPA
214:Delhi
81:India
1578:2016
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1483:2020
1443:2022
1417:2024
1410:NDTV
1377:2018
1366:ISSN
1343:2018
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1292:2020
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666:NDTV
646:vide
549:the
456:rape
452:rape
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