facebook.com/Outlookindia twitter.com/outlookindia digimag.outlookindia.com instagram.com/outlookindia youtube.com/user/OutlookMagazine

A Primer On The New Rape Law

The law is a response to the need to build greater safeguards

What is sexual harassment?

Unwelcome physical contact by a man, any act she sees as an ‘advance’, demand for sexual favour. It is her perception of these, or a sexual innuendo, that matters. The man charged is likely to face three years in jail or a fine or both.

What is rape?

Penetration of any part of a woman’s body by the penis or any object without her consent. The man is charged with rape and faces seven years of rigorous imprisonment, which may extend to imprisonment for life and a fine.

Soni Sori
What if the man says consent was obtained from the woman?

If she says she never understood the nature and consequences of the act, or was intoxicated, or that her consent was obtained in fear of death or of hurt, the man faces imprisonment. And the punishment stays same.

What if a man has consensual sex with a junior colleague?

This could be deemed power rape, inviting five to ten years in jail. The notion of “consent” is of no consequence. If you are a public official (includes armed forces) and the victim was under your care, this too makes you liable for up to 10 years of imprisonment.

Is the law too draconian?

Law framed to protect women from a crime. The law has responded to a crying social need to protect women.

What about bail?

Bail is the right of an accused or undertrial so long as there is no threat of him. trying to coerce/intimidate the victim 

Is rape bailable offence?

The courts can exercise discretion.

Will the new law affect male-female interactions in the office?

No. Awareness of the law and respect of women must be the sine qua non in offices and in professional interactions.

Does a complaint of rape necessarily lead to the arrest of the man?

Yes. But everyone is innocent in the eyes of law until proven guilty.

Compiled by Pragya Singh

AUTHORS: Pragya Singh
SECTION: National
OUTLOOK: 03 March, 2014
Download the Outlook ​Magazines App. Six magazines, wherever you go! Play Store and App Store

Post a Comment

You are not logged in, please Log in or Register
  • Daily Mail

The cricket icon is reported to have tried to curry favour with Defence Minister Parrikar for a friend's property adjoining defence land in Mussoorie. Parrikar is said to have declined to help. The recipient of India's top honour is also busy endorsing various products. Is India's legendary batsman insulting the Bharat Ratna, which was given to him after amending rules?

POLL STARTED ON: Jul 19, 2016
Kashmir has been the scene for massive protests following the killing of Hizbul commander Burhan Wani on July 8. “Non-lethal” pellet guns used against the protesters have blinded many and 45-odd people have died in the face-off against security forces. The scale of protests have led to frayed tempers in the mainland with many resorting to high-voltage jingoism. But how well do you know Kashmir? Find out, take this quiz.
QUIZ STARTED ON: Jul 25, 2016