BackPreventing gang rapes through stronger measures
The Budaun rape and murder case of two Dalit girls have once again shaken the conscience of the nation
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One-and-half years after the brutal gang rape of a physiotherapy student in a moving bus outraged the nation, two teenaged cousins were raped and murdered in a village in Budaun, Uttar Pradesh on 27 May by a group of men—an incident that has again shaken the conscience of the nation.
After an outcry over the incident involving Dalit girls and upper-caste men, authorities have taken some action. Three people have been caught and booked for rape and murder. Two policemen have been fired and charged with criminal conspiracy. Mint shines the light on the various provisions of the law that could have been used against the three accused, who have been booked under Section 302 (murder) and Section 376 (rape) of the Indian Penal Code.
1. Criminal Law Amendment Act of 2013 provides a more appropriate classification of the offence. The accused could also be booked under Section 376D, the punishment under which is rigorous imprisonment of 20 years to life. The offence is cognizable and non-bailable.
2. The two police constables were booked under Section 120B (criminal conspiracy). Since rape is a cognizable offence, a first information report (FIR) must be registered under Section 154. Under section 166A of the amended law, a public servant who fails to record any information (in this case the policemen) can be punished with rigorous imprisonment of six months, which can be extended to two years and shall be liable to a fine. It is a cognizable but bailable offence.
3. Compensation: Section 357B requires the state government to pay compensation in addition to a fine payable under Section 376D as a punishment for gang rape.
4. Since the cousins belonged to the SC-ST community, stringent clauses of the law that seeks to prevent atrocities against these scheduled castes and tribes can be slapped on the accused. Under Section 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act of 1989, committing an offence punishable by 10 years or more under the penal code against a person based on the ground that he belongs to a scheduled tribe or caste shall be punishable with imprisonment for life and fine. Section 4 of the law says a public servant who wilfully neglects his duty can be punished with imprisonment for minimum of six months which may extend to a year.
Section 14 provides for a special court for a speedy trial.
5. Sections 5 and 6 of the Prevention of Child Sexual Offences Act of 2012 allow for punishment of rigorous imprisonment of 10 years, which may be extended to life and fine for aggravated penetrative sexual assault on a child. Section 28 of the same law provides for a special court for speedy trial for offences under this.
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