NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL

CRIMINAL LAW II

ADEQUACY OF INDIAN PENAL CODE IN OFFERING JUSTICE

IN CASES OF RAPE OF FOREIGN CITIZENS IN INDIA:
CRITICAL ANALYSIS OF SUO MOTU V. STATE OF
RAJASTHAN AND SAJJI KUMAR S/O PAPPU KUMAR V.
STATE OF GOA (THROUGH PUBLIC PROSECUTOR)

Submitted by: Somya Yadav

Roll Number: 2018 B.A. LL.B. 37

II Year B.A. LL.B. (Hons.)

Date of Submission: June 10, 2020

 INTRODUCTION

Rape is a crime of violence; it is not sex. At common law, rape was defined as the unlawful carnal
knowledge of a woman, without her consent. Carnal knowledge was defined as sexual intercourse.
Sexual intercourse implied genital copulation. Genital copulation, in turn, connoted the act of sexual
intercourse. Unlawful carnal knowledge required sexual penetration, however slight. Today, in
addition to the requirement of carnal knowledge, most rape statutes require force or threat of force
against the will and without the consent of the victim. ‘Rape’ as a clearly defined offence was first
introduced in the Indian Penal Code in 1860. Prior to this, there were often diverse and conflicting
laws prevailing across India.  Rape in India is a cognizable offence. There are many provisions in
various Acts. The word rape is legally defined u/s 375[1] of Indian Penal Code, 1860. It defines the
rape and also prescribes its punishment. Section 375 of the IPC made punishable the act of sex by a
man with a woman if it was done against her will or without her consent. The definition of rape also
included sex when her consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.

Also, sex with or without her consent, when she is under 18 years is considered rape. However, under
the exception, sexual intercourse or sexual acts by a man with his wife, the wife not being under 15
years of age, is not rape.

Section 376 provided for seven years of jail term to life imprisonment to whoever commits the
offence of rape.

The rape law under Indian Penal Code had gone through a lot of amendments. In 1983, amendment
was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S. 376(B to D) i.e. Sexual
Intercourse not amounting to rape were added.
U/s 228A[2] of Indian Penal Code, No person can disclose the name of the rape victim and if anybody
discloses the name, he shall be punished with either description for a term which may extend to two
years and shall also be liable for fine.

The nationwide public outcry, in 2012, following the December 16 gang rape and murder in Delhi, led
to the passing of the Criminal Law (Amendment) Act in 2013 which widened the definition of rape
and made punishment more stringent.

Parliament made the amendments on the recommendation of the Justice J.S. Verma Committee,
which was constituted to re-look the criminal laws in the country and recommend changes.

The 2013 Act, which came into effect on April 2, 2013, increased jail terms in most sexual assault
cases and also provided for the death penalty in rape cases that cause death of the victim or leaves her
in a vegetative state.
It also created new offences, such as use of criminal force on a woman with intent to disrobe,
voyeurism and stalking.

The punishment for gang rape was increased to 20 years to life imprisonment from the earlier 10 years
to life imprisonment.

Earlier, there was no specific provision in law for offences such as use of unwelcome physical
contact, words or gestures, demand or request for sexual favours, showing pornography against the
will of a woman or making sexual remarks. But, the 2013 Act clearly defined these offences and
allocated punishment. Similarly, stalking was made punishable with up to three years in jail. The
offence of acid attack was increased to 10 years of imprisonment.

This project discusses various anti rape laws in India, followed by a critical analysis of two case laws
relating to rape of foreign tourists. In the first case, a German national was gang raped in the city of
Jodhpur and the Rajasthan HC found them guilty. In the second case, an UK citizen was allegedly
raped and in the appeal to Supreme Court, due to want of evidence and testimony of the prosecutrix,
the accused was acquitted. The court said. “In a case of this nature (meaning rape), one may be
convinced morally that the Accused was the author of the crime. But moral conviction cannot lead to
a legal conviction of an Accused.” After exploring the analyses of the case laws, the author of this
project shall dive into and study the causes and provisions of Criminal Amendment Act of 2013, and
possible loopholes and criticisms, such as it not being gender neutral or the lack of FIRs filed. The
project ends with the conclusion of the above discussions and any suggestions to the existing rape
laws that can be added.

STATEMENT OF PROBLEM

This project will try to delve into the application and adequacies of anti-rape laws in India and the
justice brought in the cases of rape of foreign citizens.

OBJECTIVES

The main objectives of this project are:

1. To discuss the anti-rape laws in India.

2. To critically analyze the two case laws concerning rape of foreign citizens.
3. To study the Criminal Amendment Act of 2013 and why was it needed.
 HYPOTHESIS

Anti-rape laws in India have gone through many amendments, each making them more stringent and
providing more punishment for the offence. The Indian judiciary has proven itself to be efficient in
bringing justice to the foreign rape victims.

RESEARCH QUESTIONS

1. Are the rape laws in India being implemented stringently in the case of foreign tourist
victims?
2. Do the laws relating to rape and sexual harassment introduced in Criminal Amendment Act of
2013 adequate, and if not, what possible inclusions do we need?

RESEARCH METHODOLOGY

The researcher has adopted a combination of descriptive and analytical approach.

CHAPTERIZATION

I. Rape laws under Indian Penal Code

II. Detailed analysis of Criminal Amendment Act, 2013: Causes, Provisions, Criticisms
III. Critical analysis of the case laws: SUO MOTU v. STATE OF RAJASTHAN AND SAJJI
KUMAR S/O PAPPU KUMAR v. STATE OF GOA (THROUGH PUBLIC PROSECUTOR)
IV. Conclusion

BIBLIOGRAPHY