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The Concept of Custodial rape with special reference to the Criminal (Amendment) Act, 1983.
Scheme of Presentation
Prologue : Basic Concepts
Conclusion
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S. 376 B: intercourse by public servant with woman in his custody S. 376 C: intercourse by superintendent of jail, remand home etc. S. 376 D: intercourse by any member of the management or staff of a hospital with any woman in that hospital
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A man is said to commit rape when he has sexual intercourse with a woman Against her will Without her consent With consent obtained by putting her in fear of death or hurt With her consent when he knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. With her consent when at the time of giving such consent, by reason of unsoundness of mind, or intoxication or due to administration of any stupefying substance, she is unable to understand the nature and consequences of that to which she consents. With or without her consent when she is under 16 years of age.
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Custodial Rape
Management / Staff of Jail / Remand Home / Other Place of Custody Established under Law (c)
Limits Police St. Premises St. House Whether / not within Police St. His / Subordinates Custody
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8 months after Mathura Case Few enraged Policemen - stripped nude Maya + paraded her through Baghpat streets + at the end of ordeal Raped her Landmark Judgment death penalty (6) & life imprisonment (4)
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CrPC, 1973
S. 327(2) [ In camera Proceedings of Rape cases]
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Chandra prakash keval chand jain (AIR 1999 SC 658) Supreme Court has expressed concern
Decency and morality in public life can be maintained if court deals strictly with those who violate the court norms State of M.P v. BALA ( 2005) 8 SCC 1 Court cannot award a sentence of less than 10 years rigorous imprisonment without assigning adequate and special reason
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Conclusion
Amendment Mere Eye Wash Blemish in Nature
investigation conducted by policemen often of the same police station
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Sources:
Internet links: http://www.upiasia.com/Human_Rights /2008/09/08/police_indias_obstacle_to_law_and_order/996 3/ ncrb.nic.in/crime2004/cii2004/CHAP13.pdf mynation.net/rapelaw.htm - 102k http://infochangeindia.org/2004030714 1/Women/Analysis/Flaw-in-the-lawCustodial-rape-inadequate-evidenceand-acquittal.html http://www.hindu.com/2005/04/26/stori es/2005042600931003.htm www.cili.in/article/viewFile/1744/1249 http://ncrb.nic.in/ - national crime records bureau official website http://shelleytherepublican.com/2007/1 2/26/muslim-rape-wave-in-sweden-itcan-happen-here-folks.aspx/commentpage-3 Books: Ratanlal & Dhirajlal: indian penal code, 30th Ed., Lexis Nexis, 2008 Diwan Paras: dowry, dowry deaths, bride burning, rape and related offences, 2nd Ed., Universal Law Publishing House, 2006 Manapatra S.: Crime Against Women, Rajat Publishing, New Delhi Saxena S.: Crimes Against Women, Deep & Deep, New Delhi, 2007 Choudhry R.N.: Crime Against Women, Orient Publisher, Delhi, 2003
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Thank You
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