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New Delhi, July 19: The word “rape” may soon have no place under the Indian Penal Code — it could be replaced with the words “sexual assault”.
The cabinet today passed the long-awaited Criminal Law (Amendment) Bill, 2012, under which rape laws have been made gender neutral. Both men and women will be able to invoke its provisions in case they are sexually violated, once the bill is cleared by Parliament and gets the President’s assent.
Under the amended bill, an offender can be jailed for life in cases of sexual assault, irrespective of the victim’s gender. The term “sexual assault” has also been widened to include forced unnatural sex, and allows victims to complain to police.
The bill lays down strict provisions under which persons below 18 making a complaint will not have to face the accused in court or police stations. It has raised the age of consent from 16 to 18 years.
The cabinet has also approved an amendment to the Evidence Act under which a complainant’s sexual background cannot be made a matter of discourse in sexual assault cases.
For the first time, acid attacks have been included under standalone provisions in the IPC — Section 326A (hurt by acid attack) and Section 326B (attempt to throw or administer acid) will be added to IPC Section 326.
While causing hurt by acid could invite a jail term of 10 years to life, attempting to do so could send the accused to jail for 5-7 years. The accused will also be made to pay Rs 10 lakh as compensation.
Stalking, too, has been brought under a separate section — 509B — and is punishable. Stalking includes following a woman repeatedly, contacting her through phone, mail or any other form of communication, and loitering in or watching the place where she works or lives.
The bill has very strict provisions for sexual assault in police custody, shelter homes, remand homes and hospitals. Offenders could be jailed for life or given rigorous imprisonment for 10 years plus a fine.
The bill has been in the works for seven years and includes suggestions by the women and child development and law ministries.