Among the offences against women, the menace of rape is of most serious. The law relating to rape has undergone drastic changes after the criminal law amendment to sections 375 and 376 and incorporation of sections 376-A, 376-B, 376-C and 376-D dealing with custodial rape.
Sections 375, 376, 376-A, 376-B, 376-C and 376-D of the Indian Penal Code 1860 lay down the provisions relating to the offence of rape.
Rape is a sexual offence. Sections 375, 376, 376-A, 376-B, 376-C and 376-D deal with the offence of Rape. Rape, simply means "having sexual intercourse by a man with a woman against her will or consent". Sexual intercourse with the consent of a girl below the age of 16 years also amounts to rape. However, sexual intercourse by a man with his wife who is below 15 years of age is no offence ( not a rape).
Rape is forced, unwanted sexual intercourse sometimes also called sexual assault but according to law even sex with the consent of a girl under sixteen years of age constitutes a rape. According to the Indian penal code A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -
putting her or any person in whom she is interested in fear of death or of hurt.
According to Sec.376 I.P.C., the punishment for rape shall not be less than seven years but may extend to life imprisonment or a term which may extend to ten years and shall also be liable to fine. If the woman raped as his own wife and is not below the age of 12 years, the punishment may extend to two years imprisonment or with fine or with both.
Custodial Rape :
The Criminal Law (Amendment) Act, 1983 (known as Anti-rape Law Amendment) provides for penalties varying from seven years rigorous imprisonment to life term to those found guilty of committing rape. The amended provision makes sexual intercourse by a person in the position of a custodian of his victim-termed 'Custodial Rape' as an offence punishable with imprisonment of at least ten years, which may extend to life and also to fine. Sections 376-B, 376-C and 376-D inserted by the Amended Act of 1983 deal with custodial rape as stated below:
According to Sec.376-A, whoever has sexual intercourse with his wife during separation against the decree of judicial separation, custom etc., is punishable with imprisonment, which may extend to two years and shall also be liable to fine.
Section 376-B prescribes punishment, which may extend to five years and also liable to fine for intercourse by a public servant with a woman in his custody/ official position or induces or seduces any woman.
It provides punishment of five years imprisonment and also fine for intercourse by Superintendent of Jail, remand home or other place or custody with a woman in his custody.
Section 376-D provides punishment of five years imprisonment and also fine for intercourse by any member of the management or staff of a hospital with any woman in that hospital.
1. Police Circular Order 343/2013 regarding Standard Operating Procedure (SOP) for investigation of Crime against women has been issued to all the District SsP/ DCsP, Bhubaneswar-Cuttack/ SRP Rourkela and SRP, Cuttack.
2. Police Circular Order 338/2013 regarding Prompt investigation and prosecution of crime against women has been issued to all the District SsP./ DCsP, Bhubaneswar-Cuttack / SRP Rourkela and SRP, Cuttack.
3. Concerned Dist. Ss.P. /D.Cs.P. have been advised to intensify patrolling near shandies, women institutions, and during in fairs and festivals. They have also been asked to watch on activities of anti-socials/ drunkards and to conduct raids against circulation of obscene literature and display of blue films.
4. To facilitate integrated approach towards crime against women and children Mahila & Sishu Desks have been setup in 537 Police Stations of the State of Odisha to deal with the complaints of victim women. The District HRPC will act as the Nodal Agencies in such matters within the District.
5. A toll Helpline Telephone Number 1091 has been connected to 6 Mahila Police Station of Odisha to attend the calls from the women victims for redressal of their problems.
6. Women and Child Cells have been setup under the control of Ss.P. of the district assisted by DSP,HRPC and comprising women Inspector & Women Officers & Men of the District to facilitate an integrated and improve response of the police to crime against women & children.
7. Women & child Protection PCR Van with necessary staff with the district police have been provided to women and child cell to attend to all urgent calls received from women and distress.
8. The Chief General Manager, Telecom, Odisha, Bhubaneswar has been moved for allotment of toll free women helpline telephone number to all district women and child cell to attend the calls from the victim women for 24 hours.
Statement of rape Cases reported: