Laws on Sexual Crimes Against Women: Overhauling Effort of the Criminal Law (Amnd.) Act, 2013

Abstract

The Criminal law (amendment) Act 2013 was an effort to castigate increasing offences of sexual nature against women in the country, especially considering the horrific rape and murder of ‘nirbahaya’ in Nation Capital Region. The incumbent government in the centre in its effort to pacify the wrath of its citizens brought relevant amendments in criminal law based on finding of the judicial commission, headed by eminent jurist Justice J. S. Verma and National Commission on Women. The Penal code was resultantly ameliorated to provide strict penal action and introduced stringent punishment for offences such as acid attack, sexual harassment, voyeurism, stalking and trafficking. The amendment brought substitution of the term ‘rape’ with ‘sexual assault’ under section 375 which broaden the ambit by including variety of non-consentual sexual conduct, ranging from touching to penetration of the private organs of the women but was criticized on the aspect that no distinction had been made in punishment on considerations of severity/gravity of crime committed. The paper is going to explicate in detail the benefits of the amendment in penal law and anomalies which still exist in the law in aspect like overlapping of punishment for offences like voyeurism in the ordinance with other special laws and non recognition of offence like marital rape.