NEW DELHI, Feb 4: Any person who inflicts injury that causes death of a victim in a sexual assault or leaves her in a persistent vegetative state shall face punishment up to death under the ordinance promulgated to tighten anti-rape laws.
The Criminal Law (Amendment) Ordinance, 2013, promulgated by President Pranab Mukherjee, also enhances punishment for sexual assault by a man on his wife during separation and such a crime will lead up to seven years of imprisonment.
“Whoever commits an offence punishable under sub-section (1) or sub-section (2) of section 376 (rape) and in the course of such commission, inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death,” the ordinance says.
Where a person is sexually assaulted by one or more persons constituting a group, each of those persons shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life (imprisonment for the remainder of that person’s natural life) and shall pay compensation to the victim.
The ordinance says whoever causes permanent or partial damage or causes grievous hurt by throwing acid, shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees.
Repeat offenders of sexual assault by gang will be punished by imprisonment for life which shall mean the remainder of that person’s natural life or with death.
For inflicting sexual assault to be prosecuted under Section 376 (rape), a person will be sentenced to rigorous imprisonment of not less than seven years but which may extend to imprisonment for life (reminder of his natural life) and fine.
In case of sexual assault by a police officer or a public servant or member of armed forces, the punishment will be rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
The government also specified punishment for stalking, voyeurism and other nature of crime against women.
Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours will lead to imprisonment up to five years or fine or with both.
For sexual harassment of the nature of making sexually coloured remark or showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature, a person will be punished with imprisonment which may extend to one year or with fine or with both.
In case of assault or use of criminal force on woman with intent to disrobe, the punishment will be imprisonment of not less than three years but which may extend to seven years and with fine.
For voyeurism, imprisonment will be not less than one year but which may extend to three years and with fine for first conviction. Imprisonment of not less than three years but which may extend to seven years and with fine for second or subsequent conviction.
Stalking will lead to imprisonment of not less than one year but which may extend to three years and with fine.
Sexual intercourse by a person in authority will be punished with rigorous imprisonment for not less than five years but which may extend to 10 years and with fine.
Person convicted of offence of trafficking of minor on more than one occasion will lead to imprisonment for life which shall mean the remainder of that person’s natural life.
Similarly for trafficking or employing a trafficked child will entail an imprisonment of not less than five years but which may extend to seven years and with fine.
The ordinance says trafficking will lead to imprisonment of not less than seven years but which may extend to 10 years and with fine.
Also, trafficking of more than one person will lead to imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Trafficking of a minor will be punishable with an imprisonment of not less than ten years but which may extend to imprisonment for life. Also, trafficking of more than one minor will lead to imprisonment of not less than 14 years but which may extend to imprisonment for life.
Lastly, public servant or police officer involved in trafficking of minor will be punished with imprisonment for life which shall mean the remainder of that person’s natural life. (AGENCIES)
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