AMENDED AND UNAMENDED ARTICLES IN INDIAN PENAL CODE Indian Penal Code is the core criminal Code of India. It is a broad code planned to cover all substantive aspects of criminal law . It was drafted in 1860 and came into force in during the early British Rule phase in 1862. The Indian Penal Code was drafted by the first Indian Law Commission under the president ship of Macaulay and was submitted to the Governor-General of India in Council in 1837. In 1845 , another Commission was chosen to re-examine
The Sexual Offences Act was introduced in 2003 and came into force on the 1st May 2004. It aimed to improve and clarify the law of rape in England and Wales by introducing a definition of ‘consent’ . The 2003 Act also created the new offence of ‘assault by penetration’ , which we will be focusing on in this essay. The main purpose of the introduction of this new offence is the regulation of the conviction rate for rape. The first part of this essay will examine the differences and similarities
To explain the crime type of sexual offences, it is important to decipher how crime is made sense of, specifically exploring the definitions and attitudes to sexual offences. Exploring the crime throughout history and during the present day, so called, epidemic of sexual offences; laws, trends and attitudes will allow concepts to form as to how these views to sexual offences have impacted on theories with in criminological knowledge. Definitions Crime is defined in the oxford dictionary as “An
SUB-THEME-VIOLENCE AGAINST GIRL CHILD TITLE- CHILD SEXUAL ABUSE IN INDIA: A SOCIO-LEGAL ISSUES ISHA KANSAL STUDENT OF B.A.LL.B. (4th SEMESTER) DISHA LAW COLLEGE RAIPUR, CHHATTISGARH ADDRESS OF AUTHOR- Mr. Neeraj Kansal B-18/15, Sec-3 Udya society, Tatibandh Raipur (C.G.), 492001 meetishakansal@gmail
Man-made laws appear to have been in place for thousands of years, with the original purpose of the laws being to satisfy the wishes of a higher power- God. Due to the fact that laws were based off of religious scriptures, there was a clear guidance for lawmakers as to which acts should be classed as illegal. As time has progressed, and the role of religion in laws declined, there have been questions asked as to how the lawmakers are able to draw a distinction between acts which are permissible
PREETI MANOCHA MPP23-2014 CONSTITUTIONALISM: RIGHTS & INSTITUTIONS RAPE & SEXUAL ASSAULT: THE LEGAL PARADIGM Introduction “Rapes have spiralled as a lost generation of jobless, ill-educated men has reached adulthood and sought refuge in violence." Kishwar Desai (2014) According to the National Crime Records Bureau’s statistics, the number of rape cases has risen from around 15,000 to 25,000 in a 12-year period (2001-2012). This surge can be attributed to the changing dynamics of the Indian society
The law on sexual offences stipulates that in order for criminal liability to exist, there needs to be a lack of consent, and also a lack of reasonable belief whether it be mistaken or not. Consent is defined in S.74 of the Sexual Offences Act 2003 as when “a person consents if he agrees by choice, and has the freedom and capacity to make that choice.” Before this act there was no statutory definition of consent. In the case of Olugboja , the residing lord Lord Dunn said “The jury should be directed
Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual
Williams: Now let us consider the current English law on rape. You would argue that in order for the defendant to commit an offense, he must have intentionally penetrated the vagina, anus or mouth of the victim without consent to the penetration? English Citizen: Yes, I would also argue that the defendant must not have reasonably believed that the victim consented for the defendant to commit an offense. Williams: Interesting. How would you judge whether a defendant held this “reasonable”
Chapter 1 Literature Review 1.1 Definition: ‘Sex offender’ and ‘Sexual offence’ A sex offender is an individual convicted of a sex crime including such offences as rape, sexual assault, offences related to prostitution, or against children, severe pornography and the ownership and circulation of offensive images (The Crown Prosecution Service, 2017) or who evinces a paraphilic disorder as classified in The Diagnostic and Statistical Manual of Mental Disorders (5th ed.; DSM-5; American Psychiatric