The Criminal Law (Amendment) Bill, 2012

[janon]

Here is the proposed new law for all sexual assaults including rape. The full text is also available for download for those interested.

Full text: The Criminal Law (Amendment) Bill, 2012 - Documents - IBNLive

A committee under the chairmanship of Justice (Retd) Shri JS Verma, former Chief Justice of India, is working on a report on the review of present laws so as to provide for speedier justice and enhanced punishment in cases of aggravated sexual assault. Meanwhile, another bill the Criminal Law (Amendment) Bill, 2012, is pending in Parliament. It was introduced in Lok Sabha on December 4 by Union Home Minister Sushilkumar Shinde.

According to the bill, both men and women will be able to invoke the provisions of a criminal law in case of sexual assault. The Criminal Law (Amendment) Bill, replaces the word 'rape' by the phrase 'sexual assault' and seeks to widen the scope of the offence.

The amendment bill expands the definition so that cases of sexual assault where victims were male would fall under the same law along with cases where victims were women. At present, the offence is defined under section 375 of the Indian Penal Code as per which a man is said to commit 'rape' in case he has sexual intercourse with a woman against her will.

The bill also carries provisions which make carrying out of acid attacks a separate offence punishable by a maximum of ten years' in jail while an attempt to do so could send the accused to jail for 5-7 years.

Under the bill, an offender can be jailed for life in cases of sexual assault, irrespective of the victim's gender. The term 'sexual assault' has also been widened to include forced unnatural sex.

The bill lays down strict provisions under which persons below 18 making a complaint will not have to face the accused in court or police stations. It has raised the age of consent from 16 to 18 years.

 

[rockstarIN]

There should be clarification for jail term. It should be American style like, life sentence minimum of 30 years out of which first 20 years without parole.

Or the jail terms should be separate, should not allow to go through together. i.e 10 year for rape, 3 years for conspiracy etc should be imposed separately..a total of 13 years.

 

[Sergi]

Plus there should be a provision for the strict action agasit the false complaints. Sometimes these laws are used to harass innocent people.

 

[Sedqal]

Here is the proposed new law for all sexual assaults including rape. The full text is also available for download for those interested.

Full text: The Criminal Law (Amendment) Bill, 2012 - Documents - IBNLive

A committee under the chairmanship of Justice (Retd) Shri JS Verma, former Chief Justice of India, is working on a report on the review of present laws so as to provide for speedier justice and enhanced punishment in cases of aggravated sexual assault. Meanwhile, another bill the Criminal Law (Amendment) Bill, 2012, is pending in Parliament. It was introduced in Lok Sabha on December 4 by Union Home Minister Sushilkumar Shinde.

According to the bill, both men and women will be able to invoke the provisions of a criminal law in case of sexual assault. The Criminal Law (Amendment) Bill, replaces the word 'rape' by the phrase 'sexual assault' and seeks to widen the scope of the offence.

The amendment bill expands the definition so that cases of sexual assault where victims were male would fall under the same law along with cases where victims were women. At present, the offence is defined under section 375 of the Indian Penal Code as per which a man is said to commit 'rape' in case he has sexual intercourse with a woman against her will.

The bill also carries provisions which make carrying out of acid attacks a separate offence punishable by a maximum of ten years' in jail while an attempt to do so could send the accused to jail for 5-7 years.

Under the bill, an offender can be jailed for life in cases of sexual assault, irrespective of the victim's gender. The term 'sexual assault' has also been widened to include forced unnatural sex.

The bill lays down strict provisions under which persons below 18 making a complaint will not have to face the accused in court or police stations. It has raised the age of consent from 16 to 18 years.

Wrong move.

 

[janon]

Wrong move.

Why?

.....

 

[Sedqal]

Why?

.....

Age of consent and consensual sex are to be handled with much care. A woman says a man had sex with her while she was drunk, she may press for rape charges. far too many examples really google it.

Secondly if they replace rape with sexual assault, India will be swimming in rapes (sexual assaults). Rape should be limited to actual penetration.

 

[Koovie]

I fear this could easily be misused by a bunch of revengeminded women...(i.e. bitches.)

 

[Sergi]

Age of consent and consensual sex are to be handled with much care. A woman says a man had sex with her while she was drunk, she may press for rape charges. far too many examples really google it.

Secondly if they replace rape with sexual assault, India will be swimming in rapes (sexual assaults). Rape should be limited to actual penetration.

I disagree. That's the actual clause (defination ) which create a lot of loop holes in the case.
If medical tests are not done on the time then there are no means to prove the actual intercourse was caused by the accused. This provision will definatly bring the guilty to justice but there is a high chance of misuse to settle other scores. So it sould have clause for action against the false complaint

 

[acid rain]

I fear this could easily be misused by a bunch of revengeminded women...(i.e. bitches.)

We shouldn't mind a few such cases if overall it helps in deterring criminals, some will take advantage but most will be real cases.

 

[Sedqal]

I disagree. That's the actual clause (defination ) which create a lot of loop holes in the case.
If medical tests are not done on the time then there are no means to prove the actual intercourse was caused by the accused. This provision will definatly bring the guilty to justice but there is a high chance of misuse to settle other scores. So it sould have clause for action against the false complaint

- It can be misused and 'consent' is an extremely vague term from a legal PoV.
- Sexual assault is again a vague term which can include anything from groping to penetration. If you don;t address them separately you'll have a huge spike in number of crimes.

 

[acid rain]

- It can be misused and 'consent' is an extremely vague term from a legal PoV.
- Sexual assault is again a vague term which can include anything from groping to penetration. If you don;t address them separately you'll have a huge spike in number of crimes.

Going by the number of criminals going scot free due to loop holes in the law some over the top legislation's and laws need to be enforced for the menace to come down. Refinements can be added on later depending on the misuse of the law.

 

[KRAIT]

- It can be misused and 'consent' is an extremely vague term from a legal PoV.
- Sexual assault is again a vague term which can include anything from groping to penetration. If you don;t address them separately you'll have a huge spike in number of crimes.

Yup. Problem with sexual assault laws is that it can be misused easily.

And especially looking at size of Indian population, lack of investigation agencies, slow process, over burdened courts and wide-spread corruption, it can ruin an innocent's life too.

But its the need of the hour. We have to introduce it and then make subsequent changes accordingly. Its a step by step procedure.

 

[Sergi]

- It can be misused and 'consent' is an extremely vague term from a legal PoV.
- Sexual assault is again a vague term which can include anything from groping to penetration. If you don;t address them separately you'll have a huge spike in number of crimes.

Agreed with misuse. But "consent" isn't a concern here. If one had sex with 18+ with her concent and NOT drugged. Then there are cases of cheating NOT of rape. A girl can file complaint saying he made her have sex with the promise of marriage. But NOT the rape case. And other medical tests and the marks of resistance on body and location make it clear

 

[Screambowl]

- It can be misused and 'consent' is an extremely vague term from a legal PoV.
- Sexual assault is again a vague term which can include anything from groping to penetration. If you don;t address them separately you'll have a huge spike in number of crimes.

every law can be misused. But then it depends on the credibility of the investigation too. Plus as explained by Sergi if a woman maintains physical relationship with her partner prior to break up and then claims to have been raped, that will not come under rape rather cheating. But still again investigation is the most important tool here.

 

[peaceful]

The other day I saw a video in which india police officers are using a sticker to beat some rapists on street. No arrest was eventually made.

I was shocked. Rape is a serious crime and the police force of india just let those criminals go without arresting them. this kind of anti humanity crimes should be charged. I don't think the current regime in delhi still deserve to exists, an uprising from the bottom of india's society would immediately solve all problems.

dear indians: you deserve a far better government, you deserve a far better society, remove Singh and his criminal party, you will be able to get what you deserve.