Section 384 of the Indian Penal Code : Extortion

Section 384 IPC defines the punishment for extortion as

Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

In other words, if someone is found guilty of extortion, he might get imprisoned for a term extending up to 3 years, or might have to pay a fine, or both. For a better understanding of Section 384, we first need to understand what extortion exactly is.

Section 383 of the IPC defines Extortion as-

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishon­estly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extor­tion”.

For an action to be considered as extortion, the following conditions should be satisfied-

1. Intentionally putting the person in fear of any injury
2. for the purpose of dishonestly inducing the person
3. to deliver to any other person any valuable security.

The fear of injury does not necessarily have to be of bodily harm, it could be fear of injury to a person’s reputation or property, it could be fear of injury to his loved ones. This fear is inflicted to the extent that the person agrees to deliver valuable security. The element of free and voluntary action (which constitutes consent) is absent.  Section 44 of the IPC defines Injury as, any harm whatever ille­gally caused to any person, in body, mind, reputation or proper­ty. Extortion is considered a serious or criminal offense.

For instance, A threatens to kill the son of B, if he fails to provide him with a blank signed stamp paper. A has induced B to give him the blank signed stamp paper. A has committed extortion. A could be punished with imprisonment for a term up to three years, or with fine, or with both. Another example could be, A threatens to fire B from his job if he doesn’t cast his vote for the CEO position to A. A has committed extortion.

The offense under section 384 of the IPC is a cognizable offense, which means that the police has the authority to arrest the person without a warrant. It is also a non-bailable offense i.e bail is a matter of discretion of the court. The offense of extortion is also non-compoundable. Compounding is a process where the victim and the accused agree to some compromise in order to avoid trial. There are some offenses which are so grave and serious in nature that they can not be compounded, except in certain situations where the case can be quashed by the supreme court or any high court. Since these cases are filed by the state i.e. police, the question of entering into a compromise doesn’t even arise. A full trial is conducted in the respective court and judgment is provided at the end of the trial.

Case laws-

In the case of Chander Kala v. Ram Kishan [AIR 1985 SCC 1268], the complainant (Smt. Chander Kala) was working as a teacher in a Govt. Middle School and the respondent (Ram Kishan) was the headmaster of the same school. The accused, after a series of events, called the complainant to his house and threatened to attack her modesty if she refused to sign three blank papers. And when she did, he threatened that he will use those signed papers to blackmail her by recording any statement on the papers, if she refused to act according to his wishes. The Supreme Court held that the accused had committed an offense under Section 384.

In the case of State Of Karnataka vs Basavegowda Alias Chandra [1997 CriLJ 4386], the accused husband took her wife (the complainant) to the forest under the pretext of going for the wedding of a friend. He then threatened to kill her if she didn’t hand all of her ornaments to him. After she handed him all her ornaments, he assaulted her with a big stone and his fists and ran away when saw two men coming. Though he wasn’t held guilty for robbery, he was punished for the offense of extortion under section 384.

References-

1. Indian Penal Code
2. Code of Criminal Procedure
3. AIR 1985 SCC 1268
4. 1997 CriLJ 4386

Powers of police under Code of Criminal Procedure

Powers of Police are very wide and are based on two main functions of Police. These functions are Maintaining of Law and Order and Investigation of illegal activities. The Police Act defines Police as an instrument for prevention and detection of Crime.[i] The Police define most of its powers from the Code of Criminal Procedure, 1973 and the Police Act, 1861. Following are some of the Powers of Police;

Powers of Police to Investigate

The Investigation of Police starts when;

• When someone lodges an FIR(First Information Report).[ii]
• When a Police officer suspects commission of a cognizable offense.[iii]
• Whenever a competent magistrate orders the Police.[iv]

The Police have the power to investigate Cognizable as well as Non-Cognizable offenses.[v] Police officers can investigate Cognizable offenses without the magistrate’s orders. If a Police officer suspects the commission of a cognizable offense, he has the power to investigate under s 157 without the filing of FIR.[vi] Police also have the power to require the presence of witnesses in order to pursue an investigation. Males under 15 years and over 60 years of age, females, or mentally/physically disabled persons shall not be required to attend as a witness except for their residences.[vii] Police can examine these witnesses as well.[viii] Police also has the power to conduct a medical examination of rape victims.[ix]

Powers of Police to Arrest

Police have the power to arrest the persons as well. The Police can make the arrests for both Cognizable as well as Non-cognizable offenses. For non-cognizable offenses, a Police officer has no authority to arrest a person without warrant. However, a Police officer can arrest a person without a warrant for Cognizable offenses.[x] In case of adequate grounds, the magistrate may extend the period of detention to 15 days. Also, the Police have the power to release the accused in case of lack of evidence.[xi]

Power of Preventive Arrest

The preventive arrest is the detaining of a person who is likely to commit an offense. It is a highly debated topic all over the world. In India, s 107 and s 151 of CrPC give the powers of Police for preventive detention mainly. In case an Executive Magistrate recieves information that a person is likely to commit a breach of peace, he may order him to show cause. The magistrate may also order him to execute a bond to keep peace in such period.[xii] It is the duty of the Police to prevent Cognizable offenses.[xiii] Also, the Police have the power to arrest a person without a warrant or an order from the magistrate in cases they have knowledge that such person is planning to commit a cognizable offense.[xiv]

Though, the Police can only make the arrest if it is the only way to prevent such offense. The idea behind these provisions is to avert the commission of an offense. The constitutional validity of these Sections has always been in controversy. Many persons have filed petitions questioning the validity of the provisions of the preventive arrest.[xv] In a case, certain landowners of MP were protesting after being affected by the Sardar Sarovar Project. Even though they posed no threat to commit cognizable offenses but were still beaten up and arrested. The Court held that this was in violation of Article 21 of the Constitution.[xvi] However, s 151 already mentions the grounds of the arrests. Also, preventive arrest laws are given legal recognition under the Constitution of India.[xvii] So, these provisions cannot be said to be in violation of Articles 21 and 22.[xviii]

Read Also: Everything You Need to Know About Criminal Law In India

Abuse of Powers of Police under Preventive Arrest

There have been many instances when these powers have been misused by the Police as well. This was because of the arbitrary and unjust use of these powers. In a case, the persons arrested under s 107 and 151 were not given a chance to be heard for 6 days. The case was tried without any scrutiny under issue. And, no order was issued under s 111 of the CrPC. The Karnataka HC held that this process was arbitrary and unjust as the Police didn’t follow proper procedure.[xix]

In the case of Ahmed Noormohmed Bhatti v State of Gujarat[xx], it was suggested that the guidelines given for the detainees must be followed in cases of Preventive arrests as well. The Court gave these guidelines in the case of D K Basu v State of West Bengal. The Court also held that a provision is not unreasonable or unconstitutional because of arbitrary exercise of it by the authorities. Proper scrutiny of each case is to be done to determine whether the arrest is unconstitutional or not.

Conclusion

Police is an important part of a healthy society. We always remember Police first when we are in trouble or under a threat. The powers of the Police are invested in them to have a smooth and healthy society. But, they ultimately have a duty to protects the rights and interests of the individuals. Due to this, they must use their powers with the utmost care and caution. The author notes that there are many instances where the Police have misused these provisions and there should be a proper check on these practices.

[i] The Police Act 1861, preamble.

[ii] Code of Criminal Procedure 1973, s 154.

[iii] ibid, s 157(1), 156(1).

[iv] Code of Criminal Procedure 1973, s 156(3).

[v] ibid, s 155, 156.

[vi] State of Maharashtra v Sarangdharsingh Shivdassingh Chavan (2011) 1 SCC 577.

[vii] Code of Criminal Procedure 1973, s 160.

[viii] ibid, s 161.

[ix] Code of Criminal Procedure 1973, s 164A.

[x] ibid, s 2(c), 2(l).

[xi] Code of Criminal Procedure 1973, s 169.

[xii] ibid, s 107.

[xiii] Code of Criminal Procedure 1973, s 149.

[xiv] ibid, s 151.

[xv] ‘Role of Police and its power to Investigate’ (Lawnn, 14 February 2017) <https://lawnn.com/role-police-power-investigate/> accessed 12 December 2018.

[xvi] Medha Patkar v State (2011) 8 SCC 55.

[xvii] Constitution of India 1950, a 22.

[xviii] Ahmed Noormohmed Bhatti v State of Gujarat (1999) SCC (Cri) 1014.

[xix] Sathi Sundaresh v The State PSI of Moodigere 2007 (4) CrLJ 649.

[xx] Supra Note xviii.

Public Prosecutor Meaning and Functions

INTRODUCTION

Public prosecutors are appointed in almost all the common law countries as an agent of the Attorney General to represent the interest of general people in the criminal justice system. They serve as a foundation of the Rule of Law’s principle that everyone should have an opportunity of being heard (audi alteram partem). The prosecutors are duty-bound to act in a way that strikes the right balance between the competing interests of conviction of guilty, protection of citizen’s rights and freedoms and protection of the public from crimes.

DEFINITION OF PUBLIC PROSECUTOR

Public Prosecutor has been defined in the Code of Criminal Procedure under Section 2 (u) as under:-

“Public prosecutor meaning is a person appointed under Section 24; it further includes any person acting under the directions of a Public Prosecutor.”

In India, the Prosecutors act on the directions of the Judge. Being an officer of the court, the Prosecutor is required to act in public interest and not seeking conviction by hook or crook. In Babu v. State of Kerala[1], it was stated that Public Prosecutors are the ministers of justice whose job is to assist the state to administer justice.

When Section 2(u) is read with Section 24, the following hierarchy can be traced:-

Public Prosecutor appointed by the Central Government->Public Prosecutor appointed by the State Government->Additional Public Prosecutor appointed by the State->Special Public Prosecutor appointed by the Central Government->Special Public Prosecutor appointed by the State Government.

Here, it is pertinent to note that according to the pattern prescribed by Criminal Procedure Code, the Public Prosecutors (including Additional Public Prosecutors) are required to conduct criminal proceedings in the Sessions and the High Court, while the Assistant Public Prosecutors are required to conduct proceedings on the behalf of the Magistrate’s court.

RATIONALE BEHIND THE ESTABLISHMENT OF THE OFFICE OF PUBLIC PROSECUTOR

The rationale behind the appointment of Public Prosecution is that crimes committed by an individual or a group are deemed to have been committed against society. Hence it is the duty of the state to bring justice to the people or group affected by the crime. In India, the Criminal Justice system is required to function within the boundaries of the Indian Constitution, which means the Public Prosecutor needs to follow the following principles:-

1. Presumption of innocence, until proven guilty beyond a reasonable doubt,
2. Right to life and personal liberty, until deprived by a procedure established by law[2],
3. Equality before the law[3],
4. Protection against double jeopardy[4],
5. Protection against ex-post-facto law[5],
6. Protection against self- incrimination[6],

What is The Role of Public Prosecutor

The Directorate of Prosecution is established with the objective of exercising supervision and scrutiny over all the prosecuting agencies. It is headed by a Director who is assisted by various subordinate rank officers and ministerial staff. The role of Public Prosecutor is the following in the investigation process:-

1. Appearing in the Court and obtaining an arrest warrant,
2. Obtaining search warrants to search specified premises,
3. Obtaining Police custody remand for custodial interrogation of the accused[7],
4. Initiating proceeding for declaring a non-traceable accused a proclaimed offender[8],
5. Recording his advice in the Police file regarding the advisability of the prosecution.

PUBLIC PROSECUTOR Functions ACCORDING TO POST

Assistant Public Prosecutor: They scrutinize the charge sheets prepared by the investigating agencies and submit the discharge/ acquittal. They are further in charge of evaluating the evidence and filing revision petitions as well as conducting cases in the Court of Metropolitan Magistrates.

Additional Prosecutor: They conduct cases in the Sessions Court.

Chief Prosecutor: They supervise the work of Assistant Public Prosecutor in the Metropolitan Magistrate’s Court.

Public Prosecutor: They supervise the work of Additional Public Prosecutor in the Sessions Court.

ROLE OF THE PUBLIC PROSECUTOR DURING TRIALS

1. Speedy trial: The Public Prosecutor being an officer of the Court can play the role of ensuring a speedy trial, which forms an essential part of the Right to Life enshrined under Article 21. The Prosecutors are responsible for ensuring that all the essential witnesses are called and none of the witnesses are left non-examined, further making sure that all the required documents are produced before the court in time while ensuring that no uncalled for the delay is caused to the proceeding.
2. Sentencing: After the accused is proven guilty, the defense counsel and the Public Prosecutor are called upon to decide the quantum of the punishment. At this stage, the Public Prosecutor is required to exercise his discretion of arguing for an adequate punishment while keeping in view the gravity of the offence, the facts and the circumstances of the case. It is very important at this stage that the Prosecutor help the Court arrive at a judicious decision.

PRESENT STATE OF PUBLIC PROSECUTORS IN INDIA

The office of the Public Prosecutors in India suffers from various incompetencies due to rigid and various unnecessary formalities. Most of the offices have inadequate staff and infrastructure

SUGGESTIONS TO IMPROVE THE POSITION OF PROSECUTORS

1. The foremost problem is lack of quality law education in most of the Law Colleges in India.
2. Further, the earnings are very low as compared to the ones that can be earned in open markets. The only way to remedy this situation is by improving the salary structure.
3. A national-level institute needs to be set up to impart proper training upon the aspiring candidates.

CONCLUSION

In the final analysis, a Public Prosecutor is an officer of the Court assisting in just and equitable impartation of justice. He is required to be fair to the opposite party while trying to act for the good of society. The guiding principle of any Prosecutor should be justice, equity, and a good conscience and not just the letter of law.

[1] (1984 KLT) 165

[2] Article 21 of the Indian Constitution.

[3] Article 14 of the Indian Constitution.

[4] Article 20 (2) of the Indian Constitution.

[5] Article 20 (1) of the Indian Constitution.

[6] Article 20 (3) of the Indian Constitution.

[7] Section 167 of Cr. P.C.

[8] Section 82 of Cr.P.C.

How to file a case on instances of sexual harassment at workplace

Sexual harassment in the workplace is one of the biggest problems which has started to increase as the corporate culture has begun to flourish. Anyone can be a harasser, and anyone can be a victim. It is insignificant as to who commits the offense. It could be a manager, co-worker, or even a non-employee like a client, contractor, or vendor. If the person’s conduct creates a hostile work environment or interrupts an employee’s success, is considered sexually harassing. An act which may amount to sexual harassment may vary from a sexually colored involuntary encounter with a senior employee of colleague, winking, whistling inappropriate touch or similar behavior. An act of a senior employee asking for a non-consented sexual favor from the junior employee, in lieu of promotion in the job, falls in the category of sexual harassment at the workplace.

To govern such actions and create a healthy working environment for women, Supreme Court of India, in the landmark case of Vishaka v. State of Rajasthan to fill the legislative vacuum laid down Vishaka Guidelines for the protection of women from sexual harassment at workplace. Later an act was passed by the legislature named, Protection of Women from Sexual harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

As per the rules governing sexual harassment at workplace, it is compulsory for all organizations with 10 or more workers to constitute an Internal Complaints Committee (ICC) for registration of complaints relating to sexual harassment and take action against the guilty employer or employee. Constitution of ICC is a legal right, and in case the workplace is refusing to constitute the same, they can be legally penalized.

The constituted ICC can file a complaint against the incident of sexual harassment at your workplace. A complaint must constitute the following details.

1. Name of the person by whom the complaint is filed.
2. The date on which the incident of sexual harassment took place
3. The time when the incident happened
4. Description of the incident or inappropriate behavior
5. Name of the person accused of sexual harassment
6. Working relationship between the victim and accused.

The complaint with the details mentioned above must be filed within three months of sexual harassment incident, with full confidentiality and speedy process. This sexual harassment complaint can be filed by anyone irrespective of gender. Lodging of an internal complaint with the ICC does not cease the right of the victim to lodge a criminal complaint against the colleague or employer. Reply to the complaint must be filed by the accused within ten days. An inquiry has to be completed within 90 days. The final report generated thereof must be submitted to the Employer or District officer within ten days. The Employer or the District Office has to act on recommendations within 60 days. In addition to this, if the victim or accused is not satisfied with the recommendations of the ICC or LCC (Local Compliant Committee), a further appeal can be filed before a tribunal or a court.

In the case of  Apparel Export Promotion Council vs A.K. Chopra placed before the SC of India, Accused mentioned that the penalty on him was harsh and disproportionate to the charge leveled against him. It was concluded by the research that the accused had not actually molested the victim, but had only tried to assault her and had not made any physical contact with her. On this, the Staff Committee observed that no lenient view would be justified in a case of molestation of a woman employee when the charge was fully proved. Any sympathetic action in such a situation would have a demoralizing effect on working women. One of the judges from the bench, in this case, remarked that they would not wait for a girl to be raped and then the charges of sexual harassment could be logged. Hence the charges levied on the accused are reasonable and not disproportionate.

Apart from the complaint mechanism, the employer can take another recourse such as Criminal proceedings and Disciplinary action.

Know More:  Sexual Harassment at Workplace

Under Criminal proceedings, as per Vishakha Guidelines, when the conduct of accused amount to a specific offense under IPC or any other law, the employer shall initiate appropriate actions in accordance with the law. Attention must be paid to ensure that victim or witnesses are not victimized or discriminated against while dealing with the complaints of sexual harassment. Following are the specific provisions of Indian Penal Code, that can be applied in a sexual harassment case thereby making it a criminal complaint.

Section 294, talks about the obscene act in public place.

Section 354, embodies the provision when whosever assaults or uses criminal force on any women, intending to outrage her modesty.

Section 509 holds that whosoever intending to insult the modesty of women, utters any word, makes any sound or gesture or exhibits any object or intrudes upon the privacy of such women. The same shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

In addition to the aforementioned recourses, when such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action must be initiated by the employer in accordance with the rules.

A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by sexual harassment.

Hit and Run cases and legal consequences

Introduction To Hit and Run Cases

Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.

Statutory Punishment of Hit and Run

Hit and run cases are not specifically punishable under Indian Penal Code (IPC) as such. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. Section 279 defines and punishes Rash Driving. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. Also, Section 304A punishes death by negligence. This section is directly applicable to Hit and Run cases which result in the victim’s death. The punishment under the Section is for up to 2 years. In cases where the victim hasn’t died but is grievously injured, the punishment is given in Section 338.[i]

The Motor Vehicles Act, 1988 is applicable to the cases of Hit and Run too. Section 161 of the Act defines “hit and run” as “an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”. As can be observed by the official codified definition, a hit and run does not always pertain to murder or grievous hurt, but to accidents at large. Section 161 also provides for compensation to the victims of the hit and run; twenty-five thousand rupees in case of death and twelve thousand and five hundred rupees in case of grievous hurt.

Section 134(a) of the Act requires the driver to secure medical attention to the injured persons immediately. And section 134(b) requires them to give the information about and relevant to the same to a Police officer as soon as possible. Failing these two duties, the driver will be punishable.[ii]

Statistics of Hit and Run cases

More than 20000 people lost their lives in Hit and Run cases in India alone.[iii] Hit-and-run cases accounted for 11.4% of all accidents in 2015, an increase from 10.9% in 2014, according to road transport ministry data. In a survey, they found that about 74% of respondents expressed unwillingness to assist victims of road accidents. According to a study Impediments to Bystander Care in India conducted by SaveLIFE Foundation, advocacy working for road safety, and TNS India, a global marketing research company, on July 2013. The SaveLife-TNS study also points to another study by the Indian Journal of Surgery published in 2006. There, it was found that 80% of road accident victims do not receive any medical care within the first or golden hour after the accident.

Problems in Hit and Run cases

The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.

The witnesses of the accident are also unwilling and reluctant to help the victims. This causes a lot of loss of life. In 2013, the Apex Court directed the Government to make laws for the protection of the Good Samaritans. However, even after these laws are made, they are available mostly on paper. In some states like Karnataka however, these laws hold much importance.[iv]

Conclusion

Hit and Run cases have come to the knowledge of most of the Indians after the infamous Salman Khan case in 2002. He was accused of driving his car onto the Footpath into a group of homeless people. One of them had died. There have been many high profile cases of Hit and Run over the years. And, many which couldn’t get as much attention.

The usual reason found behind these instances is Rash driving, On-road racing and Drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.

[i] Indian Penal Code 1860.

[ii] Motor Vehicles Act 1988.

[iii] Rahul Mohan  Sharma, ‘There were 7 Hit and Run cases every hour in 2015’ (Scroll.in, 5 August 2016) <https://scroll.in/article/813185/there-were-7-hit-and-run-cases-every-hour-in-india-in-2015> acessed 12 January 2019.

[iv] Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act.

Developments in Section 376 of IPC

Scope of Section 376 of IPC

Section 376 of the Indian Penal Code deals with the Punishment for rape and this particular has undergone various amendments to meet the requisites of the society. It attempts at deterring such criminal offenders by instilling a sense of fear in them. Unfortunately looking at the rate of crimes against women, we cannot totally agree to the fact that such legal provisions have relieved women. In this article, we shall be analyzing section 376 along with the amendments it has undergone over time.

Section 376 before Amendments:

• Subsection 1 deals with the punishment for rape of a woman in all circumstances except the ones mentioned under Section 376(2). The punishment in such cases was rigorous imprisonment for a period not less than 7 years and which may be extended to imprisonment for life and shall also be liable to fine.
• Subsection 2 deals with the punishment for the rape of a woman committed by police officers, public servants, member of armed forces, etc. The punishment is a period of not less than 10 years which may extend to imprisonment for life i.e. imprisonment for the remainder of his life and shall also be liable to fine.

The Rape Laws underwent a change in 2013 after the brutal Delhi Gang Rape Case (Nirbhaya Rape Case). The nation-wide spread outrage over the brutal Gang rape in the Capital City which eventually led to the death of the Physiotherapy intern became the driving force behind the passing of the Criminal Law Amendment act 2013. The Act increased the ambit of the term “Rape” as mentioned under Section 375 of IPC.

Criminal Law (Amendment) Act of 2013:

The Act came into force on the 3^rd of February 2013. It inserted 4 clauses (376 A TO 376 D) in Section 376 taking into consideration cases where the injury inflicted on women during Rape can get them in a permanent vegetative state.

1. 376 A– Whoever, commits an offence punishable under sub-section (1) or subsection (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term of minimum twenty years, but which may extend to imprisonment for life i.e. imprisonment for the remainder natural life of the offender, or with death.
2. 376 B– Whoever has sexual intercourse with his wife, living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term of minimum 2 years which may even extend to 7 years and will also be liable to fine.
3.  376 C–  Whoever, being:

•   In a position of authority or in a fiduciary relationship; or
•  A public servant; or
•  Superintendent or manager of a jail, remand home or other places of custody established by or under any law for the time being in force, or a women’s or children’s institution; or
• On the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term of minimum 5 years which may extend to 10 years, and shall also be liable to fine.

4.  376 D– Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term of minimum 20 years but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Keeping in mind that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.

Criminal Law (Amendment) Act, 2018

This Act came into force on the 21^st of April 2018. It intended to amend the subsections of Section 376 and also insert a few clauses. In subsection 1 of Section 376, it substituted the 7-year imprisonment with rigorous imprisonment of minimum 10 years which may extend to life imprisonment. Moreover, Section 376 had only 2 subsections and this Act inserted another subsection which stated that whoever commits rape on a woman below 16 years shall be punished with rigorous imprisonment of minimum 20 years which may extend to imprisonment for life and shall also be liable to fine.

Read Also: Child Sexual Abuse in India

Further an additional Section 376 AB was inserted after 376 A and it laid down that “Whoever commits rape on a woman below 12 years shall be subjected to rigorous imprisonment of minimum 20 years which may even extend to imprisonment for life, and with fine or with death.” The fine imposed should be reasonable to meet the medical expenses and rehabilitation of the victim.

Then Section 376 DA was added after 376 D and it stated “When a woman below 16 years is raped by 1 or more persons constituting a group or acting in furtherance of a common intention, each of such persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, and with fine.

Conclusion:

The various Amendments have made an attempt to bring about significant changes in the country but the implementation of such acts on the land has remained lousy. Another issue which continues to be overlooked by our legislators is Marital Rape and unfortunately, none of these Amendment Acts have acknowledged it as a crime. Hence we see Stringent Legislation is required for overall protection of women from outsiders as well as their family members.