| Contents |
| Chapter 1 |
Introductory |
| 1.1 |
The criminal justice system and the offence of rape |
| 2. |
The crisis of rape |
| 3 |
Reference by Government |
| 4. |
Suggestions for amendment |
| 5. |
Role of the criminal law |
| 6. |
Earlier reports of the Law commission |
| 7. |
Method adopted |
| 8. |
Desultory implementation |
| 9. |
Steps to be taken to avoid suspicion of harassment |
| Chapter 2 |
Rape and Indecent Assault: The Substantive Law |
| I. |
Present Law as to Rape |
| 2.1. |
Scope |
| 2. |
Section 375, Indian Penal Code |
| II. |
Recommendation in 42nd Report |
| 3. |
Earlier Report |
| 4. |
Recommendation in earlier Report as dealing with force and fraud |
| III. |
Consent: Its Significance |
| 5,6. |
Absence of consent |
| IV. |
Reality of Consent: Section 90 |
| 7. |
The concept of free consent-section 375, 3rd clause and section 90 |
| V. |
Free and Voluntary Consent |
| 8. |
Effect of recommended amendment |
| 9. |
Effect of modifications recommended as to fear of injury and criminal intimidation |
| VI. |
Use of Intoxicants and Stupefying Substances |
| 10. |
Drugs, intoxicants and anesthetics |
| VII. |
Violence Not Necessary |
| 11. |
Overt violence, if necessary |
| 12. |
The proof of violence |
| VIII. |
Submission Not Amounting to Consent |
| 13. |
Submission and consent |
| 14. |
Cases of helpless resignation |
| IX. |
Recklessness |
| 15. |
Recklessness |
| X. |
Other Suggestions Relevant to Consent |
| 16. |
Suggestion to add cases of reprisal by person in authority |
| 17. |
Fear of agony |
| XI. |
Rape of Girls below Minimum age |
| 18. |
Section 375, fifth clause |
| 19. |
History |
| 20. |
Increase in minimum age |
| XII. |
Comments on Earlier Report |
| 21. |
Earlier Report |
| 22. |
Freedom of consent as dealt with in earlier Report |
| 23. |
Sexual offences besides rape |
| XIII. |
Recommendation |
| 24. |
Recommendation as to section 375 |
| XIV. |
Punishment for Rape |
| 25. |
Section 376-Minimum punishment for rape by more than one person-Suggestion not accepted |
| 26. |
Aspect of group liability considered |
| 27. |
Minimum punishment not favoured |
| XV. |
Assaults, Outraging Modesty of Women and Indecent Assaults |
| 28. |
Section 354 and proposed section 354A |
| 29. |
Consent not to be a defence |
| 30. |
Need for change |
| 31. |
Revised section 3(19) |
| XVI. |
Indecent Gestures |
| 32. |
Section 509, I.P.C |
| 33. |
Eve teasing in Delhi and charges under the Police Act |
| 34. |
Recommendation as to police practice |
| XVII. |
Obscene Telephone Calls |
| 35. |
Section 294, I.P.C.-Obscene telephone calls |
| 36. |
Recommendation to amend section 294 |
| Chapter 3 |
Arrest and Investigation |
| I. |
Introductory |
| 3.1. |
Scope |
| 2. |
Instructions issued by Ministry of Home Affairs |
| 3. |
Feeling of insecurity |
| 4. |
Need for change in attitudes of the police |
| II. |
Arrest of Women |
| 5. |
Arrest-Section 40, Code of Criminal Procedure |
| 6. |
Recommendation as to section 46(1), Cr. P.C., 1973 |
| 7. |
Section 46-Time of arrest |
| 8. |
Recommendation to amend section 46 |
| III. |
Detention of Women |
| 9. |
Section 417A, Cr. P.C. (Proposed)-Detention in women's institutions |
| 10. |
Suggestions regarding presence of male relative near the lock up |
| IV. |
Interrogation of Female Victims of Sexual Offences |
| 11. |
Reporting and investigation |
| 12. |
Investigation by female police-No statutory change recommended |
| 13. |
Practice to be adopted in metropolitan cities |
| 14. |
Interrogation of child victim of rape-Statutory provision recommended |
| 15. |
Amendment of section 160 recommended by insertion of sub-sections (3) to (7) |
| V. |
Interrogation of Women at The Place of Residence |
| 16. |
Section 160(1), Proviso, Cr. P.C |
| 17. |
Defect in drafting |
| 18. |
Recommendation to revise section 160(1), proviso, Cr. P.C |
| 19. |
Punishment for violation of section 160(1) not adequate |
| 20. |
Section 166A, I.P.C. recommended |
| VI. |
Interrogation of Women-time of |
| 21. |
Interrogation of women after sunset and before sunrise |
| VII. |
Social Workers |
| 22. |
Association of women social workers with investigation |
| 23. |
Investigation an arduous task |
| 24. |
Recommendation to amend section 160, Cr. P.C |
| 25. |
Amendment of section 160 recommended by insertion of sub-section (8) |
| VIII. |
Police Report to be Accompanied by Medical Reports |
| 26. |
Section 173(5), Cr. P.C |
| 27. |
Section 173(5), Cr. P.C |
| IX. |
Investigation where Police Officer is The Accused |
| 28. |
Investigation into cases where a police officer is an accused |
| X. |
Non-Recording of Information Relating to Cognisable Offences |
| 29. |
Section 167A, I.P.C.-Refusal to register case of rape |
| 30. |
Penal sanctions needed |
| 31. |
Present law |
| 32. |
Insertion of section 167A, Indian Penal Code recommended |
| XI. |
Other Points Concerning Investigation |
| 33. |
Other points made in suggestions |
| 34. |
Conferment of Magisterial and Police powers on women |
| 35. |
Questions relating to medical examination |
| Chapter 4 |
Medical Examination of The Accused and The Victim |
| I. |
Importance of Medical Examination |
| 4.1. |
Scope |
| 2. |
Position of examining doctor |
| 3. |
Importance from the legal point of view |
| 4. |
Proper examination-conditions for |
| II. |
Examination of The Accused |
| 5. |
Provision in the Code-Need for timely examination |
| 6. |
Particulars to be entered and reasons to be given |
| 7. |
Recommendation as to section 53, Cr. P.C |
| III. |
Examination of The Victim |
| 8. |
Section 164A, Cr. P.C. (To be added) |
| 9. |
Need for legislative provisions |
| 10. |
Section 164A, Cr. P.C. recommended |
| 11. |
Medical examination of the victim of rape |
| IV. |
Chronology and Modes |
| 12. |
Chronology and modes of examination |
| 13. |
Examination of various body sheets |
| 14. |
Injuries |
| V. |
Rapid Reference Sheets |
| 15. |
Rapid reference sheets |
| VI. |
Conditions in which Examination is Conducted |
| 16. |
Conditions for physical examination |
| 17. |
Order of examination |
| 18. |
Conditions and equipment |
| VII. |
Colour Photographs |
| 19. |
Colour photographs |
| Chapter 5 |
Procedure for Trial, Trial in Camera and Publication of Proceedings |
| I. |
Cognisance of Offences |
| 5.1. |
Scope of Chapter |
| 2. |
Section 198(6), Cr. P.C., 1973-Amendment recommended |
| 3. |
Court competent to try |
| II. |
Stages of Trial |
| 4. |
Procedure for trial-the chronology |
| III. |
Trial in Camera |
| 5. |
Trial in camera-Section 327, Cr. P.C |
| 6. |
Need to modify general rule |
| 7. |
Recommendation to amend section 327, Cr. P.C |
| IV. |
Publication of Proceedings |
| 8. |
Publication of names of parties |
| 9. |
Special provisions |
| 10. |
Preserving anonymity of complainant and accused in sexual offences |
| 11. |
Anonymity at the stage of investigation |
| 12. |
Publicity at the stage of trial-Trial in camera and penalty for illegal publicity to court proceedings |
| 13. |
Section 228A, I.P.C. (New)-Recommended |
| 14. |
Consequential amendment of other laws |
| 15. |
Publication after conviction |
| V. |
Examination on Commission |
| 16,17. |
Examination on commission |
| VI. |
Participation in Trial |
| 18. |
Participation by organisations & suggestion considered |
| 19. |
Risks attendant on acceptance of the suggestion |
| 20. |
Peculiar features of a case relating to rape |
| Chapter 6 |
Publicity on Conviction |
| 6.1. |
Suggestion to give publicity |
| 2. |
Discussion in earlier Report |
| 3. |
Suggestion not accepted |
| Chapter 7 |
Evidence |
| I. |
Introductory |
| 7.1. |
Scope |
| 2. |
Disadvantageous position of the victim |
| 3. |
Issues in the field of evidence |
| 4. |
Earlier Report on Evidence Act |
| II. |
Complaints |
| 5. |
Complaint (section 8) and the doctrine of "hue and cry" |
| 6. |
Matter needing change |
| III. |
Want of Consent-how Proved |
| 7. |
Burden of proof of want of consent |
| 8. |
Section 114, Evidence Act |
| 9. |
Signs of violence |
| 10. |
Need to change the law |
| 11. |
Recommendation to add section 111A in the Evidence Act |
| 12. |
Presumption of want of consent |
| 13. |
Burden of proof in case of a person in authority |
| IV. |
Corroboration |
| 14. |
Corroboration |
| V. |
Past Sexual History |
| 15,16. |
Past character as a relevant fact-Sections 8, 9, 11 and 14, Evidence Act |
| 17. |
Section 155(4), Evidence Act |
| 18. |
Section 146, Evidence Act |
| 19. |
General approach adopted |
| 20. |
Sections 155(4), 146 and 53A (proposed), Evidence Act-Recommendation |
| 21. |
Section 155(4) and sexual relations with other persons |
| 22. |
Section 155(4)-another point for amendment |
| 23. |
Difficulties caused by section 155(4) |
| 24. |
Harm to reputation-danger of |
| 25. |
Amendment of section 155(4)-recommendation |
| 26. |
Section 146, Evidence Act |
| 27. |
Amendment of section 146 |
| 28. |
Section 53A (proposed) to exclude evidence as to character |
| VI. |
Improper Questions |
| 29. |
Section 150, Evidence Act-Amendment recommended |
| 30. |
Various amendments suggested in section 150 |
| VII. |
Character of The Accused |
| 31. |
Character of the accused |
| Chapter 8 |
Conclusion |
| 8.1. |
Effect of our proposals |
| 2. |
Changes whether going for enough or too far |
| 3. |
Effect of films and the real challenge |
| Appendix 1 |
Copy of Letter No, PS/lS/lA/80, Dated 27th March, 1980 from The Secretary, Department of Legal Affairs to The Member-Secretary, Law Commission of India |
| Appendix 2 |
List of Persons and Bodies with whom Discussions were Held |
