New Section 375 Indian Penal Code (IPC) Confusion and Controversies
DOI:
https://doi.org/10.48165/Keywords:
IPC 375 New, IPC 375 Old, IPC 377, Difficulties in interpretationAbstract
The 2012 Delhi gang rape of a college student, infamously referred to as the Nirbhaya incident has forced the law makers of the country to sit up and make long-pending amendments to the sections of the Indian Penal Code (IPC) that deal with sexual violations. The result was that the Criminal Law Amendment Act was passed in 2013 in which the existing Section 375 of the IPC has been revamped and a new section substituted in its place. This paper compares certain aspects (few) of the old Sec 375 IPC and new Sec 375 IPC. It also deals with the controversies and confusion arising out of the new IPC 375 and existing IPC 377. It neither reviews the whole criminal amendments Act 2013 nor does it review all aspects of IPC 375. This paper also deals with a situation (third person) where the new IPC 375 is silent.
Downloads
References
The Criminal Amendment Law (Amendment) Act,2013 2. Som Prakash Rekhi v.union Of India (1981) 1 S.C.C.449 3. C.I.T.v.B. N. Bhattacharjee, (1979) 4 S.C.C. 121
C.I.T.v. Roshanlal Traders,(1960) 1 S.C.C. 370
Bhimsingh v.Union of India (1981) 1.S.C.C. 166
Pahalya Motya Vavi v. State of Maharashtra (1980) 1.S.C.C.530 7. Nandy A. Handbook of Forensic Medicine and Toxicology.(2013) New Central Book Agency,London.pp437,451