Mar 25, 2022
Nirbhaya Act, also known as the Criminal Law (Amendment) Act 2013, is an Indian Legislation passed by Lok Sabha on 19th of March 2013 and Rajya Sabha on 21st
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Nirbhaya Act, also known as the Criminal Law (Amendment) Act 2013, is an Indian Legislation passed by Lok Sabha on 19th of March 2013 and Rajya Sabha on 21st
Nirbhaya Act: Highlights, Punishments, New Amendments
Nirbhaya Act was passed after a brutal gang rape. It changed the scenario of Indian laws regarding crimes against women. Here are some key facts.
The Criminal Law Amendment Bill, 2013, popularly known as the Anti-Rape Bill, came into effect on Wednesday, April 3, after President Pranab Mukherjee signed the Bill. That Bill was renamed later as the Nirbhaya Act, 2013.
The need for a stronger law to deal with sexual offences against women was prominent after the gang rape by six people leading to the death of a 23-year-old Paramedical student in a private bus on 16th December 2012, in New Delhi. The victim died 13 days after an incident at a Singapore hospital on 29th December 2012.
The crime’s brutality shocked the nation. Indians were protesting in the streets, demanding better measures for women and strict laws to punish perpetrators.
Under pressure from all the country's citizens, the Congress of UPA-led government in the Center asked to set up a Justice JS Verma bench to develop stricter laws to arrest crimes against women.
Highlights of the Act
Below are some key points of the Nirbhaya Act 2013:
The law carries lifelong imprisonment for rape as a maximum sentence, yet it lowers the death penalty for repeat offenders.
It also extends the definition of rape to include penetration into the mouth, anus, urinary tract, or vagina with a penis or any other object without permission.
It also defines tracking and voyeurism as cases with punishments up to seven years.
The brutal nature of gang rape has been recognised as a crime, whereas sexual harassment has gotten redefined to include sexual desire and pornography.
The consent age to sexual intercourse remains at 18.
The law also punishes police and hospital officials for up to two years imprisonment for failing to register a complaint or mala fide treating a victim.
Punishment Under the Act
The Nirbhaya Act Punishments are as follows:
The Nirbhaya Act 2013 incorporated a new section—376A. It provides that if a person commits a sexual assault and injury that leads to death or causes a person to be in a state of degeneration, he will get punished with severe imprisonment. The punishment will include a period not less than twenty years, which may extend to life imprisonment, which will mean the rest of the person's natural life or even death.
In the case of gang rape, the people involved, regardless of their sexual orientation, will be punished with severe imprisonment for a period not less than 20 years, which may extend to life imprisonment and compensation to the victim eligible for medical expenses and rehabilitation.
Acid Attack is an Offense Under Which Section of IPC?
Acid attacks are among the most violent crimes in history. You may not know it, but it is common in South Asia. Bangladesh, India, and Pakistan are among the countries with the highest number of acid attacks.
In several cases, women are the victims of this crime. The uncontrolled and illegal trade in sulfuric and nitric acid encourages perpetrators. The Indian Penal Code (IPC) contains Sections 326 A and 326 B to punish perpetrators of acid attacks.
Both sections were added to the IPC in 2013 by the Criminal Law (Amendment) Act of 2013. These categories do not discriminate based on gender - which means that victims of both sexes get protected under these categories. Although most acid attacks victims were women, men were also victims of the crime.
Conclusion
The Criminal Law (Amendment) Act 2013 (Nirbhaya Act) is an Indian law passed by Lok Sabha on March 19, 2013, and Rajya Sabha on March 21, 2013. The act provides for the amendment of the Indian Trade Code, Law of Indian evidence, and the Code of Criminal Procedure, 1973 on laws relating to sexual offences.
It was amended and added new sections to the IPC on various sexual offences. New cases such as acid attacks, sexual assault, voyeurism, stalking have been added to the IPC.
The law has been criticised for bias and giving women the legal right to commit the same crimes (seeking protection) against men without punishment.
Former TDP minister booked under Nirbhaya Act
Former TDP minister booked under Nirbhaya Act
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Police on Tuesday registered cases against former Telugu Desam Party Minister Ch. Ayyanna Patrudu for allegedly using foul language against Narsipatnam Municipal Commissioner during a protest.
The Narsipatnam town police booked cases under various IPC Sections, including the Nirbhaya Act, late on Tuesday night, based on a complaint filed by town Municipal Commissioner K. Krishnaveni.
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