Justice Verma | Victimology | Rape

JUSTICE VERMA COMMITTEE RECOMMENDATIONS

ACCEPTED IN TOTO Section 354: Sexual Assault and Punishment for Sexual Assault – Entirely accepted ACCEPTED IN PART INDIAN PENAL CODE (1860) Section 100: Right to Private Defence – Inclusion of an acid attack u/s 326A was accepted only and the rest proposed was already existing in the IPC Section 166A: Public Servant disobeying direction under law – Directions relating to crimes against women proposed to be made punishable upto only one year against the recommended five years as proposed by Justice Verma Committee. Rest accepted. Section 326A: Voluntarily causing grievous hurt through use of acid etc. – Female circumcision proposed was not accepted. – Compensation adequate to meet at least the medical expenses incurred by the victim was not accepted. Rest was accepted Section 326B: Volutarily throwing or attempting to throw acid etc. – Compensation adequate to meet at least the medical expenses incurred by the victim was not accepted. Rest was accepted Section 375 Rape – Gender Neutrality of the act was not NOT ACCEPTED Section 376A: Sexual by husband upon his wife during separation – Verma Committee wanted to delete it. Was retained by MHA as marital rape was not agreed to. Section 376B (1): Rape of an Underage Person – Not accepted as the provision is in conflict with the PCSOA, 2012

Section 354 A: Assault or use of criminal force on woman with intent to disrobe her – Entirely Accepted

Section 354 B: Voyeurism – Entirely accepted

Section 376 B (2) Punishment for causing death or a persistent vegetative state in the course of committing rape of an underage person – Death penalty was not recommended

Section 354 C (1): Stalking – Entirely accepted

Section 376F: Offence of breach of Command Responsibility – Fixes vicarious criminal responsibility on the leader of a force for acts of subordinates. Not accepted.

Section 354 C (2) Punishment for stalking –

ACCEPTED IN TOTO Definition entirely accepted

Section 370 Trafficking of a Person – Entirely accepted

Section 370 A Employing a Trafficked Person – Punishment entirely accepted Section 376A (re-numbered as 376B) Sexual intercourse by a Person in Authority – Accepted in full Section 376C Gangrape – Accepted entirely

ACCEPTED IN PART recommended which was not accepted by MHA. The Bill criminalises the sexual activities between 16 and 18 years which the Verma Committee did not agree. Verma Committee criminalises marital non-consensual sexual intercourse which is not accepted. Rest of the recommendations were accepted. Section 376 (1) Punishment for Rape – Payment of compensation to the victim was dropped. Rest of the recommendation was accepted. Section 376 (2) Aggravated Rape – Payment of compensation to the victim was dropped. Rest of the recommendation was accepted. Section 376 (3) Punishment for causing death or a persistent vegetative state in the course of committing rape – Death penalty was preferred by MHA. Rest of the recommendation were accepted. Section 376D Gangrape causing death or a persistent vegetative state shall be added: Death penalty was preferred by MHA. Rest of the recommendation were accepted.

NOT ACCEPTED

Section 376E Punishment for Repeat Offenders – Accepted entirely

ACCEPTED IN TOTO Section 509: Repeal accepted as offences covered elsewhere Section 54A: Proviso to Section 54A regarding identification of arrestee by a disabled person – Accepted entirely

ACCEPTED IN PART

NOT ACCEPTED

Section 160: No male below 18 and above 65 years and woman or physically disabled shall be required to attend a Police Station.

CRIMINAL PROCEDURE CODE 1973 Proviso to Section 154 Registration of an Offence – Provision to record evidence by police officer at the residence of the person reporting the offence. Mandatory videographing was not agreed to and converted to optional. Section 164 (5)(a) and (6)(b) Recording Statement by a Magistrate – Special assistance for mentally or physically disabled persons to be given by Magistrate. Statement of mentally or physically disabled person to be considered sufficient for examination-in-chief and cross examination. However mandatory videography not agreed to and changed to optional.

Section 39(1) Clause (vb) – Compel communication of information of offence relating to crimes against women to the nearest Magistrate – Not accepted as it is liable to be misused Section 40A: Intimation by the Panchayat member the communication of information of offence relating to crimes against women to the nearest Magistrate – Not accepted as it is liable to be misused

Section 198B: Cognisance of an offence u/s 376(1) when persons are in marital relationship

Proviso to Section 273: Recording of evidence of a victim below 18 years – Victim will not be confronted by the

Section 197(1) Sanction for Prosecution – No sanction would be required for prosecution of Judge or Magistrate or Public servant if accused of crimes against women. Not agreed to avoid false complaints Section 357(4) Compensation to victim – Payment of compensation of an amount adequate to meet atleast the medical

ACCEPTED IN TOTO accused. Accepted in full

ACCEPTED IN PART

NOT ACCEPTED expenses incurred by the victim. This is not acceptable as the compensation would be very low. The Bill has a better provision.

Section 327: Substitution of new offences defined for rape (376A, 376B, 376C, 376D) – Technical formality THE INDIAN EVIDENCE ACT, 1872 Section 53A: Evidence of character of previous sexual experience not relevant in certain cases Fully accepted Section 114A: Presumption as to the absence of consent in certain prosecution for sexual assault – Fully accepted Section 119: Dumb witness substituted by ‘persons who are unable to communicate verbally – Fully accepted Proviso in Section 146: Question regarding the moral character will not be put to the victim during cross examination – Fully accepted ARMED FORCES (SPECIAL POWERS) ACT, 1958 Proviso to Section 6: No sanction would be required if the armed force personnel is accused of a crime against woman.

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