Recent Advances Related To Rape Laws
DOI:
https://doi.org/10.48165/Keywords:
Crime, Heinous, Human Rights, Humanity, RapeAbstract
Uncontrolled increase in rape incidences all over India especially in Delhi, ironically called a ‘Rape Capital’. The number of Downloaded From IP - 59.178.18.222 on dated 13-Sep-2024 alleged rapes reported in 2004 crossed the 500 mark, for the first time in the Capital’s history1 spurt in incidences of rape, especially against foreigners attracted attention of media both at national and international levels. A 36 years old Swiss Diplomat Members Copy, Not for Commercial Sale was abducted and raped in her car on October 14, 2003. On March 15, 2004 a businessman at Deer Park in Safdarjung Enclave www.IndianJournals.com allegedly raped a 20 years old Fiji student. On March 17, 2004 a 59 years old Australian tourist was allegedly sexually assaulted and murdered by a taxi driver near IGI Airport, barely a couple of hours after she landed from Brisbane.2 This paper deals with recent advances made in Indian rape laws in 2005, a brief review of amendments done in 1983 and role of DNA profile in rape cases, their impact in controlling the most heinous crime against humanity i.e. ‘Rape’.
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References
1. ‘500 Rapes in 2004’, Hindustan Times, December 25, 2004: 11.
2. “Swiss rape case: 20000 Quizzed, No Headway Made’, The Times of India, October 15, 2004: 8. 3. The Offence Against the Person Act, 1861.
4. The Tribune, September 2, 2005.
5. The Times of India, September 2, 2005: 10.
6. A publication of the Department of Women and Child, Govt. of India.
Downloaded From IP - 59.178.18.222 on dated 13-Sep-2024
7. TukaRam v. State of Maharashtra, AIR 1979 SC 185.
8. The 84th Report of Law Commission on Rape and Allied Offences),
9. The Criminal Law (Amendment) Act, 1983, (Act 43 of 1983), w.e.f. 25-12-1983.
10. Ratanlal & Dhirajla’s, ‘The Law of Evidence, Edition 19th 1997: 361. The Indian Evidence Act, (Act 1 of 1872) 11. Nawab Khan v. State, 1990 CrLJ 1179).
12. Rafiqu v. State of U.P., AIR 1981 SC 559: 1980 Cr LJ 1344,)
13. Ramcharan v. State of M.P., 1993 Cr LJ 1825 (M.P.).
14. Shatrughan v. State of M.P., 1993 Cr LJ 120 (M.P.).
15. State of U.P. v. Padam Singh, 1996 ALHC 169 (All).
16. The Indian Penal Code (45 of 1860), Sec. 375, 376, Sec. 228-A, IPC.
17. The Code of Criminal Procedure, 1973, (Act No. 2 of 1974), Sec. 327 (1), (2), 53, 54.
18. Sec. 53 of the Indian Divorce Act, 1923,
19. Sec-22 (1) of the Indian Secrets Act, 1923,
20. Sec-22 (1) of the Hindu Marriage Act, 1955,
21. Naresh Shridhar, AIR 1967 SC1.
22. Women and Human Rights (4C.2) published by the IIHR, New Delhi: 11-12) (a study by the Bureau of Police Research and Development).
23. ‘Two get life term for raping German Tourist’, Hindustan Times, June 1, 2005: 1,
16
24. ‘Rajsthan Special Cell to Handle Rape Cases’, The Times of India, June 3, 2005: 8)
25. Hindustan Times, October 8, 2003: 8.
26. ‘SC convicts teacher for raping student’, The Times of India, September 16, 2005: 5). 27. ‘Courts shouldn’t be soft on rapists during sentencing’, Hindustan Times, May 20, 2005: 9) 28. SC Doc’s testimony not essential in rape case, The Times of India, October 3, 2005: 1) 29. Ratanlal & Dhirajla’s‘The Code of Criminal Procedure, Edition 15th, 1997.
30. See Gazette of India Extraordinary Part II, Sec. 2, dated December 10, 1970: 1315.
31. The Criminal Law (Amendment) Act, 2005, Explanation: Section and in 53A and 54, (176 (1A) IPC), Cr PC 164 A. 32. U.P. Act 1of 1984, Sec. 7 (w.e.f. 1-5-1984).
33. Indian Constitution.
34. Delhi Domestic Working Women’s Forum v. Union of India (1995) (1) SCC 14,
Downloaded From IP - 59.178.18.222 on dated 13-Sep-2024
35. Bodhisathwa Gautam v. Subhra Chkraborty, (1996) 1 SCC 490.
Members Copy, Not for Commercial Sale
36. The Indian Express, June 7, 2000.
www.IndianJournals.com
37. Hindustan Times, December 16, 2004: 7.
