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Report No. 172

2.2. Draft of the Law Commission's proposals.-

On a consideration of the `precise issues' submitted by the petitioner and in the light of the order of the Hon'ble Court and also taking into account the laws in force in certain western countries on this subject, the Law Commission prepared a draft (Annexure-B) containing the proposed new sections, namely, sections 375, 376, 376A, 376B, 376C, 376D in substitution of the existing sections 375 to 376D and also suggested a new section, section 376E. The purport of these new sections is to substitute the offence of `rape' under section 375 with the offence of `sexual assault' by including all kinds of penetration in the vagina, anus or urethra of another, whether by a part of the human body or by an object.

Section 376 is, accordingly, modified in the light of the change in section 375. Sections 376A, 376B, 376C and 376D are retained substantially except adapting them to the changes made in the offence under section 375 and a few changes in the matter of punishment. A new offence, namely, section 376E with the title `unlawful sexual contact' is sought to be created. Besides the above, section 377 is proposed to be deleted as unnecessary in the light of the preceding provisions. Section 509 of IPC is also sought to be amended providing higher punishment where the offence set out in the said section is committed with sexual intent.



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