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Report No. 135

3.4. Present position adequate.-

It will be noted that the punishment prescribed for offences under sections 376B, 376C and 376D, I.P.C. is imprisonment up to five years and fine. Offences which technically do not amount to rape, or cannot be proved to have satisfied all the legal requisites of rape, are taken care of, by these three specific sections. The offences are cognizable; but no arrest is to be made without warrant or without an order of a Magistrate. All the offences are bailable and can be tried by the Court of Session only. So far as we can see, these sections have not raised any problems in practice so far.

It may also be repeated that section 376 of the Indian Penal Code (the main section relating to rape) itself has been now amended to provide minimum punishment for custodial rape. It appears to us that the present provisions of the Penal Code designed to deter potential offenders from committing rape or cognate offences including subtler forms of seduction or harassment, are fairly adequate so far as woman in custody are concerned. In the absence of serious practical difficulties brought to our notice, we do not consider it necessary to recommend any change in these provisions.

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