DEVELOPMENT IN PUNISHMENT FOR HARMLESS MURDER CALLED RAPE: A STUDY
DOI:
https://doi.org/10.61841/4zab6171Keywords:
Rape, Indian Penal Code 1860, Law Commission Report, sexual offence.Abstract
Rape in simple terminology is an act which is done without a person‟s concerned, and is completely against the society. It is a sexual assault which is been conducted by people or with the group of people‟s using physical force or manipulation, with or without the person‟s consent. “Rape”, was a term which was first introduced in India in the “Indian Penal Code” in 1860 by Lord Macaulay which got it genesis from the 1st Law Commission Report under his chairmanship. This is one such offence which keeps on changing its shape in the statute and legislation according to the environment and as the society develops. People change their perspective, and so the law needs to be evolved accordingly. Dating back the history we had incidents such as Mathura custodial rape case, which eventually brought the Criminal Law (Second Amendment) Act of 1983. Furthermore, we had PIL‟s filed by the NGO‟s to widened the scope of the term „sexual intercourse‟ as mentioned under the section 375 of IPC. Now after the 2013 amendment in the criminal law, the rape laws have tried to take a more austere step.
In this paper, we will be dealing with all these aspects in details, by using certain ratios of the cases decided. We can see that how the evolution of the law took place with the passage of time, and the amendments took place according to the societal perspectives.
Downloads
References
1. Saghir Ahmed J. observed in Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490
2. Ibid
3. Gary Scanlan and Christopher Ryan, Introduction to Criminal Law.
4. State of Panjab v. Gurmit Singh, (1996) 2 SCC 384.
5. (2010) 5 SCC Cri. 780.
6. ( 1969) Cri LJ 818 (Ker).
7. AIR 1957 Ori. 78.
8. (1994) I SCC 491.
9. (1989) I SCC 432.
10. (1997) I SCC 677.
11. (1977) 3 SCC 41.
12. (1970) 2 SCC 561.
13. Tukaram v. State of Maharashtra, (1979) 2 SCC 143.
14. (1984) 1 SCC 262.
15. (1989) SCC 286.
16. (1991) 1 SCC 57.
17. Section 376 B - 376 D Criminal Law (Amendment) Act, 1983.
18. (1983) 3 SCC 217.
19. (1990) 1 SCC 550.
20. (2007) 4 SCC 323.
21. AIR 2013, SC 2408.
22. (1987) 2 SCC 27.
23. 1989 SCC 672.
24. 1995 Cri Lj 1561.
25. AIR 2000 SC 988.
26. (2006) 10 SCC 608.
27. (2009) 12 SCC 403.
28. Section 375 of Indian Penal Code.
29. (1992) I AC 599
30. Karnel Singh v. State of M.P. 1995.
31. (2004) 7 SCC 775.
32. Dildar Singh v. State of Panjab, (2006) 10 SCC 531.
33. Dinesh v. State of Rajasthan, (2006) 3 SCC 771.
34. (2009) 3 SCC 761.
35. (1995) 1 SCC 14.
36. AIR 2004 SC 3566.
37. (1996) 6 SCC 591.
38. The conditions are specified in Section 376(2) of IPC.
39. (2011) 2 SCC 550.
40. (2001) 2 SCC 28.
41. (1994) 2 SCC 220.
42. Similar view was taken in Rajiv v. State of Rajasthan (1996) 2 SCC 175.
43. (2014) 13 SCC 318.
44. (2017) 3 SCC 719.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
