Practical Approach towards Law Relating to Sexual Offences in perspective view of the Criminal Law (Amendment) Act, 2013

Abstract

Law relating to sexual offences inserted and amended by the attribute of the Criminal Law (Amendment) Act 2013 (in short the Act, 2013). Sec 166A neglecting the law by the person who is the State within the meaning of Article 12 of the Constitution, sec 166B castigation for denial to treat to the victim, Sec. 375 definitions of rape have, Sec. 354A, 354 B sexual harassment, sec. 354C voyeurism, sec. 354D stalking has been inserted in IPC. Sec 154, sec 161, sec. 164 have been amended in Cr.P.C. and sec. 53A irrelevancy of the previous sexual character and previous sexual experience of the victim, Sec 114A presumption of consent, sec. 146 bans to raise questions relating to previous sexual experience during cross-examination have been substituted and amended in the Indian Evidence Act, 1872. The study has explored the perspective view of- the need for a potency test, the impact on live in-relationship and cohabitation, fair investigation, fair trial, and the impact of presumption of consent and presumption of innocence. These aspects have been observed and experienced by the researcher during the course of advocacy; therefore practical approach toward law relating to sexual offences as amended, inserted, and substituted by the Act.

The concluding statements of the research paper include suggestions on various aspects as mentioned hereinabove have been categorically elaborated on the basis of doctrines of Criminal Jurisprudence and views of various jurisdictions of High Courts and Apex Court.