42 Law Commission Lawyers Collective

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Sixthly assault with the intention of kidnapping or. intention of wrongful d An assault in such,confinement circumstances as may. reasonably cause an,apprehension that an offence,punishable under any of the. sections 364 369 of this code,is being committed Or. e An assault with the,intention of wrongfully,confining a person in such. circumstances as may,reasonably cause him an,apprehension that it will not.
be possible to have recourse,to the public authorities for. his release,The right of private defence,of the body extends under. the restrictions mentioned in,section 99 to the voluntary. causing of death or of any,other harm to the assailant. And in any other case it,extends under the same,restrictions to the voluntary.
causing to the assailant of,any harm other than death. 3 if in exercise of the right,of private defence against an. assault which reasonably,causes the apprehension of. death the defender be so,situated that he cannot,effectually exercise that right. without risk of harm to an,innocent person his right of.
private defence extends to,the running of that risk. S 166A The 42nd Law Commission New S 166A Change as compared to IPC. Report 1971 Recommended 166A Public Servant New Section 166A has been. that a new Section 166A be knowingly disobeying added to penalise public servants. inserted in the following terms direction of law disobeying directions under law. 166A Public Servant acting with Whoever being a public which prohibits him from. intent to cause injury to any servant requiring attendance of any. person whoever being a public a knowingly disobeys any person or where he knowingly. servant wilfully conducts himself direction of the law which disobeys the law regulating the. in the performance of his prohibits him from requiring manner in which investigation. functions as such public servant the will be conducted or fails to. intending to cause or knowing it, attendance at any place of record information given to him. to be likely that he will by such, any person for the purpose of regarding cognizable offences of. conduct cause injury to any, investigation into an offence violence against women. person shall be punished with,imprisonment of either.
description for a term which may any other matter or Change as compared to JVC. extend to one year or with fine or b knowingly disobeys to Failure to record FIR in case of. with both the prejudice of any person acid attack has been criminalized. The 152nd Law Commission any other direction of the law Punishment is lower being less. Report 1994 regulating the manner in than six months up to two years. Recommended that a new which he shall conduct such Public servant disobeying. Section 166A be inserted in investigation or direction under law. the code in the following c in relation to an offence. terms punishable under Section 166A Whoever being a public. S 166A Whoever being a 354 Section 354A Section servant. public servant 354B, a Knowingly disobeys Section 354 C 2 Section a knowingly disobeys any. any direction of the 376 1 Section 376 2 direction of the law which. law prohibiting him Section 376 3 Section 376A prohibits him from. from requiring the Section requiring the attendance at. attendance at any 376B 1 Section 376B 2 any place of any person for. place of any person Section 376C Section 376D the purpose of. for the purpose of or Section 376F does not investigation into an. investigation into an record offence or any other or. offence or other information given to him b knowingly disobeys to the. matter or under Section 154 1 of the prejudice of any person. b Knowingly disobeys Code of Criminal Procedure any other direction of the. any other direction of shall be punished with law regulating the manner. the law regulating the imprisonment for a term in which he shall conduct. manner in which he which may extend to five such investigation or. shall conduct such years c fails to record any, investigation to the Rigorous imprisonment and information given to him. prejudice of any fine under sub section I of,person shall be section 154 of the Code of. punished with Criminal Procedure 1973,imprisonment for a in relation to cognizable. term which may,offence punishable under,extend to one year or.
section 326A section,with fine or with both 326B section 354 section. 354B section 370 section,172nd Law Commission 370A section 376 section. Report 2000 Review of,376A section 376B,Rape Laws section 376C section. New section 166A IPC 376D section 376E or,recommended section 509. 166A Whoever being a Shall be punished with rigorous. public servant imprisonment for a term which, a knowingly disobeys any shall not be less than six months.
direction of the law but which may extend to two, prohibiting him from years and shall also be liable to. requiring the attendance at fine,any place of any person for. the purpose of investigation,into an offence or other. b knowingly disobeys any,other direction of the law. regulating the manner in,which he shall conduct such.
investigation to the,prejudice of any person shall. be punished with,imprisonment for a term,which may extend to one. year or with fine or with,166B New Section 166B has been added. Punishment for non treatment,It penalizes those in charge of. hospitals whether public or,private who contravene S 357C.
of Cr P C which provides that all,hospitals will provide first aid and. medical treatment to victims of,acid attack rape including. marital sexual intercourse,without consent and sexual. intercourse by someone in,Punishment Imprisonment up to. 1 year or Fine or Both, 228A Disclosure of identity of No substantial change.
victim of certain,offences etc Includes amended provisions of. 1 In case of rape rape thereby including additional. forced intercourse by provisions created by this Act. husband with wife,when separated,custodial rape by public. servant inducing,female inmate to have,intercourse by. superintendent manag,er of jail remand home,or other place of. custody manager of,hospital Identity of,victim if made known is.
punishable, 326A New S 326A Voluntarily Change as compared to IPC. causing grievous hurt New Section 326A has been, through use of acid etc added on voluntarily causing. grievous hurt through use of acid,Change as compared to JVC. No change in substantial section,Change in the punishment section. as discussed below,Note Its gender neutral for both.
the perpetrator and the victim, Punishment RI for a term Punishment Imprisonment of. which shall not be less than either description for a term. ten years but which may which shall not be less than ten. extend to years but which may extend to life, life and shall also be liable to and Fine Fine to be adequate to. pay compensation to the meet medical expenses It further. victim adequate to meet at provides that any fine imposed. least under this section be given to,The medical expenses victim. incurred by the victim,Explanation 1 Permanentor Female circumcision or. partial damage includes mutilation of her genitals was not. female circumcision or accepted,mutilation of her genitals.
Explanation 2 The damage Explanation 2 The damage will. will not be required to be not be required to be,irreversible irreversible The explanation was. added after S 326B and applies,to S 326A and 326B, 326B S 326B Voluntarily throwing Change as compared to IPC. or attempting to throw acid New Section 326B has been added. etc which penalizes voluntarily,Whoever throws or throwing or attempting to throw. attempts to throw acid on acid,any person or attempts to. administer Change as compared to JVC,acid to any person or Changes in drafting.
attempts to use any other, means to achieve the Whoever throws or attempts to. purpose of causing throw acid on any person or, permanent or partial damage attempts to administer acid to any. to any part or parts of the person or attempts to use any. body of a person other means with the intention of. causing permanent or partial,damage or deformity or burns or. maiming or disfigurement or,disability or grievous hurt to that. Note Its gender neutral for both,the perpetrator and the victim.
Punishment RI for a term Punishment Imprisonment of. which shall not be less than 5 either description for a term. yrs but may extend to 7 yrs which shall not be less than 5 yrs. and compensation for but may extend to 7 yrs and Fine. medical expenses of victim, 354 Assault or Criminal The 42nd Law Commission New S 354 Sexual Assault Change as compared to IPC. Force to Woman with Report 1971 recommended and Punishment for Sexual 1860. intent to outrage her insertion of a new section Assault No change in the substantial. modesty 354A in the following terms section The punishment was. 354A Indecent Assault on a It collapsed the distinction enhanced as discussed below. minor Whoever assaults any between sections 354 and. Note This section is minor under sixteen years of 509 and brought it within Change as compared to JVC. gender neutral with age in an indecent lascivious one section 2013. respect to perpetrator or obscene manner shall be JVC was not accepted Retained. however there has been punished with imprisonment This section included section 354 as provided in the. no case law which of either description for a intentional non consensual IPC. shows that a woman term which may extend to touching of a sexual nature as. has been prosecuted three years or with fine or well as words acts and. under this section with both gestures which create an. Therefore it has unwelcome threat of a sexual, historically been used The 85th Law Commission nature or result in. to convict men Report 1980 recommended unwelcome advance It. a separate section to deal includes display and, This section is with Indecent Assault on a dissemination of. gendered with respect minor pornographic material,to the victim being a Section 354A Indecent. woman Assault on a minor whoever,assaults any minor under.
sixteen years of age in an,indecent lascivious or,obscene manner shall be. punished with imprisonment,of either description for a. term which may extend to,three years or with a fine or. The 156th Law Commission,Recommendation 1997,Section 354 Assault or. criminal force to woman with,intent to outrage her.
modesty whoever assaults,or uses criminal force to any. woman intending to outrage,her modesty or to commit. sexual assault to her or,knowing it to be likely that he. will thereby outrage her,modesty or commit sexual,assault to her shall be. punished with imprisonment,of either description for a.
term which may extend to,five years and shall also be. liable to a fine, Punishment Punishment Graded Punishment Imprisonment of. Imprisonment of either punishment tactile offences either description for a term. description up to 2 yrs are punishable up to 5 yrs RI which shall not be less than 1yr. or Fine or both or Fine or both non tactile but which may extend to 5yrs. offences are and Fine,Punishableup to 1yr,imprisonment of either. description or Fine or both,Sexual Change as compared to IPC. Harassm New section 354A has been,ent added which spells out the most.
common acts of sexual,harassment as provided in,Vichada and penalizes them. Specifically it penalizes the,physical contact and. advances involving,unwelcome and explicit,sexual overtures. demand or request for,sexual favours,showing pornography. against the will of a,making sexually coloured,Note The section is gender.
specific being male with respect,to perpetrator and gender neutral. with respect to victim,Punishment It grades the,punishment where offences of. unwelcome physical contact,request for sexual favours and. forcefully showing pornography,are punishable with RI for a term. which may extend to 3 yrs or,Fine or Both,This offence is bailable.
The offence of making sexually,coloured remarks is punishable. with imprisonment of either,description which may extend to. 1 yr or Fine or both,This offence is bailable, Assault New S 354A Assault or use Change as compared to IPC. or use of of criminal force to women, criminal with intent to disrobe her New S 354B inserted Assault or. force to use of criminal force to woman,women with intent to disrobe has been.
with Whoever assaults or uses added,intent to criminal force or abets such. disrobe act with the intention of Change as compared to JVC. her disrobing a woman or Perpetrator is a man and, compelling her to be naked in the victim is a woman. any public place shall be Is a crime whether carried. punished out in a public place or,private place,Drafted as herein below. Any man who assaults or uses,criminal force to any woman or. abets such act with the intention,of disrobing or compelling her to.
Punishment Imprisonment be naked,of either description for not. less than 3 yrs which may, extend to 7 yrs and Fine Punishment Imprisonment of. either description for not less,than 3 yrs which may extend to 7. section 354 as provided in the IPC gendered with respect to the victim being a woman minor Section 354A Indecent Assault on a minor whoever assaults any minor under sixteen years of age in an indecent lascivious or obscene manner shall be punished with imprisonment of either description for a term which may extend to Law Commission criminal JVC Law Commission nd Law Commission

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