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Report No. 172

Review of Rape Laws

Contents
Chapter I Introductory
Introductory
Precise issues
Existing Inadequacies
Suggestions for amendment to Indian Penal Code
Chapter II Views Invited on Proposed Provisions
Views Invited on Proposed Provisions
Draft of the Law Commission's proposals
Views invited
Views of the Sakshi on the IPC provisions
Views of the Sakshi on the relevant provisions of the Code of Criminal Procedure and the Indian Evidence Act
Views of the National Commission for Women (NCW) invited
Chapter III Changes recommended in the Indian Penal Code, 1860
Substitution of definition of 'rape' by definition of 'sexual assault'
Substitution of existing section 375 of the IPC recommended
Modification of S.376
Views of "Sakshi" considered
Recasting of section 376 of the IPC recommended
Amendment of Section 376A
Modification in section 376A of the IPC recommended
Modifications in sections 376B, 376C and 376D of the IPC recommended
Insertion of new section 376E recommended
Views of Sakshi for defining 'consent' considered
Chapter IV Changes recommended in the Code of Criminal Procedure, 1973
Proposals of "Sakshi" relating to the Code of Criminal Procedure
Addition of sub-sections (3) to (5) in section 160, CrPC
Reiteration of the recommendations made in the 154th Report
Substitution of the proviso to sub-section (1) of section 160
Insertion of a new section, namely section 164A in the Code of Criminal Procedure
Reiteration of the above proposal in the 154th Report
Acceptance of the proposal with consequential changes
Insertion of section 164A in the Code of Criminal Procedure recommended
Insertion of a new section 53A in the Code of Criminal Procedure
Provision in the Code - Need for timely examination
Particulars to be entered and reasons to be given
Recommendation as to section 53, CrPC
Views of "Sakshi" considered
Amendment of sub-section (6) of section 198 of the Code of Criminal Procedure, 1973
Insertion of new section 198B of the Code of Criminal Procedure, 1973
Proposals for amending CrPC put forward by Sakshi with which we do not agree
Chapter V Changes recommended in the Evidence Act, 1872
Suggestions of "Sakshi" considered
Suggestion No.1
Recommendations on section 114A of the Evidence Act
Modification of section 114A of the Evidence Act recommended
Suggestion No.2
Deletion of clause (4) of section 155 of the Evidence Act recommended
Suggestion No.3
Reiteration of the recommendations made in the 84th Report and reference to the New South Wales Law Reform Commission's recommendations
Consequential amendments recommended in proposed section 53A and proposed clause (4) of section 146 of the Evidence Act
Chapter VI Miscellaneous Suggestions of Sakshi
Miscellaneous Suggestions of Sakshi
Chapter VII Conclusion
Substitution of existing section 375 of the IPC recommended
Recasting of section 376 of the IPC recommended
Modification in section 376A of the IPC recommended
Amendment of sections 376B, 376C and 376D
Insertion of new section 376E recommended
Deletion of section 377
Amendment of section 509, IPC
New section 166A, IPC recommended
Insertion of sub-sections (3) and (4) in section 160 of the Code of Criminal Procedure, 1973
Substitution of the proviso to sub-section (1) of section 160 recommended
Insertion of a new section, namely, section 164A in the Code of Criminal Procedure, 1973
Insertion of new section 53A in the Code of Criminal Procedure recommended
Consequential amendments in the First Schedule to the Code of Criminal Procedure, 1973 recommended
Amendment of sub-section (6) of section 198 of the Code of Criminal Procedure, 1973
Insertion of new section 198B of the Code of Criminal Procedure, 1973
Amendment of section 273, Code of Criminal Procedure, 1973
Modification of section 114A of the Evidence Act recommended
Amendments recommended in proposed section 53A, Evidence Act
Insertion of clause (4) in section 146 of the Evidence Act recommended


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