The vicious attack and rape that happened on December 16, 2012, were part of the Delhi gang murder and rape incident of 2012. The twenty-three-year-old woman was on a private bus with her male companion when she was viciously attacked, gang-raped, and humiliated.
When the woman suffered a rape and her friend was beaten, there were six men on the bus, including the driver. Eleven days after the attack, she was brought to a Singaporean hospital for emergency care. Sadly, after receiving care for two days, she passed away. This tragedy was widely denounced in India and other nations, and it was covered extensively by foreign media.
Nirbhaya Case Details: Nirbhaya Case Summary
Nirbhaya Case Facts:
- On a chilly December 16, 2012, a woman of 23 years old went to the cinema with her friend. When the play ended at 8:30 p.m., they took an auto to the Munirka bus terminal, where they boarded a white chartered bus bound for Dwarka.
- The bus’s lights suddenly went out while there were already six people onboard;
- The woman’s partner was being abused by three males; this resulted in a fight when her friend was severely beaten with an iron rod. After robbing the couple, the six accused took the woman to the rear of the bus and sexually assaulted her once more.
- The six accused in the Nirbhaya case details were: Ram Singh, Mukesh Singh, Vinay Sharma, Pawan Gupta, Akshay Thakur, and the Juvenile in Conflict with Law (Identity protected).
Nirbhaya Case Issues:
- Are the accusations made against the convicted parties genuine under Sections 120(B) of the Indian Penal Code (Criminal conspiracy), 365 IPC (kidnapping or abduction), 366 IPC, Section 307 IPC (Attempt to murder), 376(2)(g) IPC (Gang rape), 396 IPC (Dacoity with murder), 302 IPC (Murder), 395 IPC (Punishment for dacoity), 397 IPC (Robbery or Dacoity attempting to cause death or grievous hurt), Section 201 IPC (Disappearing evidence of the Offense), and Section 412 IPC (Offense against Property) valid?
- Is it possible for a minor to be judged guilty of the same crimes as an adult?
- Will they receive a life term in prison or the death penalty?
Nirbhaya Case Verdict:
- Judges NV Ramana, Arun Mishra, RF Nariman, R. Banumathi, and Justice Ashok Bhushan were the judges for the Nirbhaya case. Five judges on a bench determined the case.
- In the Nirbhaya Rape Case, the Delhi High Court’s sentencing verdict was affirmed by the Supreme Court on March 19, 2020. The court said that the crime was a “rarest of the rare” and that it had shocked the conscience of the country.
- The Supreme Court Verdict on Nirbhaya case denied the four convicted men’s request for compassion and maintained their death sentences on March 20, 2020, at six in the morning.
Nirbhaya Case Punishment
- Section 120(B) of the Indian Penal Code, Section 365 of the Indian Penal Code, Section 366, Section 307, Section 376(2)(g) of the Indian Penal Code, Section 396, Section 302, Section 395, Section 397, Section 201, and Section 412 of the Indian Penal Code were the laws that the convicted were subject to.
Capital Punishment in Nirbhaya Case
- At Delhi’s Tihar Jail, four men found guilty of gang-rape and murder in the 2012 Nirbhaya case were killed early.
- Hours after the Supreme Court denied the four men relief during a midnight hearing, they were hanged at Tihar Jail.
Leslee Udwin’s Documentary on Nirbhaya Case, India’s Daughter, is a part of the BBC’s ongoing Storyville series. The 2012 Delhi gang rape as well as the murder of 22-year-old “Nirbhaya,” a student studying physiotherapy, is the basis for the movie.
Changes in the Criminal Justice System: Reformation in Rape Laws
- The Nirbhaya rape case exposed a number of irregularities in the justice system and resulted in important changes.
- The definition of rape was expanded by the Criminal Amendment Act of 2013 (Anti-Rape Act), including new offenses such as stalking, acid assaults, and voyeurism.
- The minimum penalty for rape was raised, particularly in cases where the victim died or was placed in a vegetative state.
- In addition, the Juvenile Justice Act of 2015 addressed the issue of juvenile offenders by lowering the age at which violent offenses, including rape, can be prosecuted as adults from 18 to 16. It was found that the victim’s characteristics had no bearing on the rape allegations.
The Nirbhaya Rape Case, which is regarded as the most horrifying case of a crime against women in Indian history, has a lasting effect on the country. A woman was brutally raped there because she was out late at night and enjoying her life and freedom. Although our government has taken steps to improve the situation, it has not done much to help the women.
Nirbhaya Case FAQs
1. What are the issues involved in the Nirbhaya case?
The incident brought to light the pervasiveness of sexual violence against women in India as well as the shortcomings of the system in addressing the safety of the victims. India witnessed the extent of the girl’s suffering and ordeal both during and after the occurrence.
2. What is the conclusion of the Nirbhaya case?
The four adult defendants were found guilty on September 10, 2013, in the Delhi fast track court of rape, murder, unnatural offenses, and evidence destruction.
3. Why was the Nirbhaya case so famous?
In 2012, news of Jyoti Singh’s (Nirbhaya) horrific gang rape on a New Delhi bus went global. Known widely as the Nirbhaya rape event, it was a historic case that prompted the Indian government to modify the country’s current rape and sexual violence legislation.
4. Who inserted the iron rod in Nirbhaya?
Mukesh, who was 26 at the time, was the driver of the bus and the one who enticed the victims inside. Later on, he struck the victims with an iron rod as well. In addition, Mukesh had begged that he had not sexually assaulted the woman because he was the bus driver.
5. What forensic evidence is there in the Nirbhaya case?
The most important piece of evidence used by the authorities to connect the accused to the crime was their DNA profile. To establish the incident, samples were taken from the victim’s corpse, the complainant, the accused, garments thrown at the scene, iron rods, the ashes of partially burned clothes, and the bus.
6. Who was the doctor who treated Nirbhaya?
Dr. Kandwal, who was the first medical professional to treat Nirbhaya after she was horribly and irrevocably injured over seven years ago, is up, unable to sleep as he spends the entire night watching the hearing on a satellite television channel.
7. What is the slogan of the Nirbhaya movement?
The entire nation was rocked by this occurrence. All around the nation, people had flocked to the streets with signs and candles, shouting things like “We want security for daughters,” “No girl’s clothes, change your thinking,” and “Justice for Nirbhaya.”
8. Under which section is the Nirbhaya case?
The Criminal Amendment Act of 2013 was passed in response to the controversy over the Nirbhaya case. It significantly altered the definition and punishment of rape, which were previously thought to be insufficient.
9. What is the judicial activism of Nirbhaya case?
In the Nirbhaya case, judges displayed prudence rather than judicial activism as the juvenile was freed from the correctional facility after three years. Depending on the circumstances of each case, judges must use both prudence and activism in the current environment.
10. What is Nirbhaya’s policy?
The Indian government announced the Nirbhaya Fund, a 10 billion rupee, in the 2013 Union Budget. The fund is designed to promote projects that safeguard women’s safety and dignity in India, according to Finance Minister P. Chidambaram.
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Read the blog to learn more: Harassment of Women in the Workplace
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