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Report No. 84

XII. Comments on Earlier Report

2.21. Earlier Report.-

Here it would be pertinent to refer to the recommendation that the Commission, in its 42nd Report on the Indian Penal Code, had made for re-structuring section 375, I.P.C. by splitting it up into three categories, namely,1-

(a) rape proper,

(b) rape with a child wife, and

(c) statutory rape.

It is not necessary to repeat here the reasons which the Commission, gave to support this recommendation. Suffice to say that the Commission now feels that such a re-structuring would be out of tune with the current thinking on the question of trial of offenders for rape and, therefore, the structure of section 375 should not be altered. Since the making of the recommendation by the Commission in its earlier Report, there has been a radical and revolutionary change in the approach to the offence of rape; its enormity is frequently brought into prominence and heightened by the revolting and gruesome circumstances in which the crime is committed; the case law has blurred the essential ingredients of the offence and introduced instability into the previously well established law bearing on the offence of rape. The Commission feels that re-structuring will produce uncertainty and distortion in section 375, which should, in its opinion, retain its present logical and coherent structure.

1. Law Commission of India, 42nd Report (Indian Penal Code), paras. 16.113 to 16.123.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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