Strengthening Punishment for Crimes Against Women: An Overview of Global and Indian Legal Frameworks

Vishal Kale

Trained Mediator, Sole Arbitrator and Environmentalist

Trained Mediator, Sole Arbitrator and Environmentalist

Trained Mediator, Sole Arbitrator and Environmentalist

20-Aug-2024

20-Aug-2024

Crime against Women in India and its punishment are now dealt with as per new laws Bhartiya Nyay Sanhita. There needs deterrence and punishments imposed. I am sure the judiciary will deal with it and if proven guilty will be severely punished as per Bhartiya Nyay Sanhita
As on 1st July 2024, India's new criminal laws have made changes to the punishment for rape, including the age of minor survivors and the punishment for gang rape:
Gang rape: Under Section 70(2) of the Bharatiya Nyaya Sanhita (BNS), gang rape of a woman under 18 can be punished with life imprisonment and a fine, or a death sentence.

Rape of minors

The age for rape has been increased from 15 to 18 years under Section 63 of the IPC. Rape of a woman under 16 is punishable with a minimum of 20 years in prison, which can extend to life imprisonment and a fine. Rape of a woman under 12 is punishable with a minimum of 20 years in prison, which can extend to life imprisonment or death, and a fine.

Other changes to the law include:

Rape by a woman

Rape by a woman that doesn't involve penetration is covered by Section 4, Causing a person to engage in sexual activity without consent, or Section 3, Sexual assault (sexual touching without consent). Both of these offences carry a maximum sentence of 10 years in prison.

Gender neutrality

Some provisions have been made gender-neutral, such as replacing the word "importation of girl" with "importation of girl or boy".

Let's have a look at various punishments for rape in the world around us.

Punishments for Rape by Country

1. Kuwait: The death penalty can be imposed for rape, but the judicial process may take longer than seven days, depending on the case.

2. Iran: Death penalties can be carried out for rape, and methods may include hanging; stoning is also a legal punishment but is rarely implemented.

3. Afghanistan: The legal framework is influenced by Sharia law, and severe punishments can be applied, including execution, but specific methods like "shot in the head" are not universally applied.

4. China: Crimes like rape can result in the death penalty, but the process includes trials, and execution can occur after a legal process, which may include a medical examination.

5. Malaysia: The death penalty is mandatory for certain sexual offences, including murder in the course of the rape.

6. Mongolia: There is no formal law allowing family revenge killings; however, cultural practices may influence societal responses.

7. Iraq: Severe penalties exist, but execution methods can vary; stoning is not widely practised.

8. Qatar: The legal system is influenced by Sharia law, which can impose severe penalties, including execution, but specific methods vary.

9. Poland: The death penalty is not applicable as it has been abolished. The maximum sentence can be life imprisonment for severe cases.

10. South Africa: The maximum penalty for rape can be life imprisonment, though sentences can vary based on circumstances.

11. United States: Punishments vary by state, with life imprisonment or significant prison terms based on factors like the severity of the crime and the victim's age.

12. Saudi Arabia: The death penalty can be imposed for rape, with methods including hanging; the legal process is influenced by Sharia law.

13. Russia: Rape can lead to heavy penalties, including long prison sentences, but the legal reality is often complicated.

14. Netherlands: Rape carries a punishment of up to 12 years, with varying penalties based on circumstances. The legal system is focused on rehabilitation and support for victims.

15. India:

- The legal system has provisions for severe penalties, including life imprisonment for rape, particularly in aggravated circumstances.

- However, societal issues complicate enforcement, including stigma, lengthy judicial processes, and victim-blaming.

- Other issues like corruption, media trials, and political interference can further hinder justice.

Conclusion

While some countries impose very severe penalties for rape, including the death penalty, these measures can sometimes be more about legal frameworks than actual enforcement. In India, while there are laws against rape, societal attitudes and systemic issues create significant barriers to justice. It's essential to understand that the effectiveness of any legal punishment also heavily depends on how well the laws are enforced and the societal support for victims.

Vishal Kale

Trained Mediator, Sole Arbitrator and Environmentalist

Trained Mediator, Sole Arbitrator and Environmentalist

20-Aug-2024

contact@kaleandshinde.com

contact@kaleandshinde.com

+91 9494-60-0808

About Us

Blogs

Our Services

Careers at KASA

Disclaimer

Office Address

2nd Floor, Chunawala Chambers, Next to Pune Shikshan Mandal, 103, Shivajinagar, Pune - 411005.

Other Offices

Delhi | Mumbai | Aurangabad | Ahmednagar | Nashik

© All Copyrights Reserved. Kale & Shinde Associates. 2024

© All Copyrights Reserved. Kale & Shinde Associates. 2024

© All Copyrights Reserved. Kale & Shinde Associates. 2024