Introduction
The recent horrific, brutal and gruesome, rape murder at Kolkata with a medical intern has shaken the Indian society ones again and it has questioned the efficacy of Indian legal system to deal with such inhuman and barbarous offences. Kolkata rape case news is all over the social networking sites.
India is increasingly reporting the rape cases. According to National Crime Records Bureau, in 2023 only India reported 32,000 rape cases with a conviction rate of only 30%. The majority of the victims are between the age group of 18-30 years old and major cases are reported in Uttar Pradesh, Delhi and Maharashtra. This data directly questions the potency, competence and effiecieny of Indian laws to curb these abhorrent and ghastly offences from the Indian society.
This article aims at presenting before the readers the Indian laws dealing with the rape cases, the punishments and procedure for the offences and also try to present an analysis that why India’s criminal laws are not been able to control and curb these offences despite being so stringent or strict in nature.
LAWS DEALING WITH RAPE CASES
India recently reenacted its criminal laws in the form of Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam and replacing the decades old Indian Penal Codem 1860, Code of Crminial Procedure 1973 and Indian Evidence Act 1872, arguing that due to change in technology, electronic advancement and the emergence of new forms of crime, a new legal system to deal with these offences is needed. Therefore these new laws are now the major laws that now deal with rape offences in India. If a rape is committed on a child who is below 18 years of old, then it is regulted by the Protection of Children from Sexual Offecnes Act (POCSO) Act.
Talking about the new criminal laws, not much has been changed from the earlier existing laws in these new Acts except punishing a man if he has sexual intercourse with a woman in the pretext of getting married and later on denies.
Time and again India has updated and reformed its punishment and procedure for rape offences to deal with ever increasing rape offences. For example major changes have been made after Delhi gang rape case 2012, Shakti Mills Gang Rape Case 2013, Mathura rape case 1972, Aruna Shanbaug Case 1973, Kathua Rape case 2018 and Hathras Gangrape Case 2020.
PUNISHMENTS FOR RAPE OFFENCES
Bhartiya Nyaya Sanhita penelises through thr following sections.
Section Number | Offence | Punishment |
64(1) 64(2) 65(1) 65(2) 66 67 68 69 70 71 | Punishment for rape Rape if committed by person in authority and person having charge or control over victim. Committing rape on a woman below 16 years of age. Committing rape on a woman below 12 years of age Causing death or resulting in persistent vegetative state of victim. Sexual intercourse by a husband upon his wife who is living separately whether living under a decree of separation of otherwise Sexual intercourse by person in authority Sexual intercourse by deceitful means Gang rape If age of woman is below 18 years Repeat offenders | Rigorous imprisonment for a term not less than 10 years but may extend up to life improsinment and fine. Rigorous imprisonment for not less than 10 years, but may extend up to life imprisonment which shall mean reminder of one’s natural life and fine. Rigorous imprisonment for a term not less than 20 years but may extend up to life imprisonment. Rigorous imprisonment not less than 20 years, may extend up to life imprisonment or with death. Rigorous imprisonment not less than 20 years, may extend up to life imprisonment or with death. Imprisonment not less than two years but may extend up to seven years and fine. Rigorous imprisonment not less than five years but may extend upto ten years and fine. Imprisonment upto 10 years and fine. Rigorous imprisonment not less than 20 years, may extend up to life imrisonemnt and fine. Life imprisonment and fine or death. Life imprisonment or death |
Bhartiya Sakshya Adhiniyam provides the following safeguareds to a rape victim
- Previous sexual conduct not to determine consent- According to Section 48 BSA when in any case the consent of rape is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent.
- If woman says she didn’t consent for a sexual act, according to Section 120 BSA, the court shall presume that she didn’t consent.
- No questions in cross-examination as to previous sexual experience- According to Section 149 BSA, questions shall not be asked relating to general immoral conduct and the previous sexual experience.
Bhartiya Nagrik Suaraksha Adniyam specially provides following safeguards-
- Accroding to Section 43 BNSS, a rape offender can be handcuffed.
- Statements of a rape victim are to be recorded at her place of residence or at any other place of convenience.
- According to Section 366 BNSS, trial must be conducted in camera.
- Also, trial and investigation is required to be conducted in a time bound fashion.
ANALYSIS OF SUFFICIENCY OF INDIAN LAWS TO DEAL WITH RAPE CASES
Undoubtedly, India presents a stricter set of laws where the maximum death penalty has been provided for some special category of rape cases. However, still India’s image has been tarnished as a rape capital of the world. Because firstly, most of the cases go unreported. Due to social stigma, ostracism, victim blaming most of the cases go unreported. Secondly, conviction rate in India is so low which is only 30% which is because of poor handling of rape cases by investigating agencies and loss of evidences, lack of any witness protectin scheme and victim dropout because of trauma, fear. Thirdly, trial goes on for a number of years which also discourages public trust in the justice machinery of the state. Fourthly, the mindset of the people based on patriarchal notion which objectifies woman and perpetuate male dominance. These are some of the major flaws in the system.
CONCLUSION (HOW INDIA CAN REDUCE RAPE CASES)
Increasing rape cases in India must be prevented. Today India needs to make structural changes at all levels to bring down the ever increasing rape cases in India. Firstly, we need to strictly adhere to the time limits provided under the BNSS and the POCSO with regards to the completion of trial and investigation procedures. Secondly, Police personnels must be trained to handle rape cases sensitively and effectively. Exclusive fast court courts for rape cases may also provide some form of aid for the speedy disposal of cases. Apart from legal changes some other changes in the form of gender sensitization programs, women’s empowerment programs, providing support system in the form of 24/7 helplines, counseling services may also help.
Therefore, Kolkata rape case news and justice for Kolkata rape case victim calls India to urgently needs to take stringent measures to keep the faith of people in criminal justice system intact.