DNA Special: Anti-rape bill is more stringent for officials

From henceforth no sanction will be required to prosecute a public servant including an armed forces personnel on committing offences under IPC sections dealing with assault or use of criminal force on woman with intent to outrage her modesty, sexual harassment through unwelcome physical contact, assault with intent to disrobe, voyeurism, stalking, trafficking a person besides rape and gang rape.   
  
The criminal law (amendment) bill that was passed by the parliament on Thursday has inserted an amendment in section 197 of the criminal procedure code (CrPC) making it explicitly clear that no sanction shall be required in case a public servant commits any of the above offences.

The explanation says, “For removal of doubts it is hereby declared that no sanction shall be required by in case of a public servant accused of any offence alleged to have been committed under sections 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376C, 376D or section 509 of the Indian Penal Code.”

Sources privy to the changes said though no prior sanction was required in case of rape or gang rape earlier also, the explanation was inserted to be in line with Justice Verma committee’s recommendations who wanted this to be made explicitly clear. “However, it is a path breaking amendment once you consider other offences like stalking, voyeurism and several other provisions that have been added through various sub sections in the IPC on Justice Verma committee recommendations,” sources said.

In all, the bill passed on Thursday included five more amendments to the bill that was introduced and passed in the Lok Sabha on March 19. It replaced clause (iii) of section 354D dealing with stalking - “watches or spies on a woman in any manner” with  “commits the offence of stalking” so that it cannot be misused.

Another addition in the same section dealing with stalking includes up to five years imprisonment on a repeat offence. Another change was brought in IPC section 354B dealing with “disrobing a woman” by removing the word “in public place” thus making it equally punishable if the disrobing takes place even in a private place.

Sources said the last change was fixing the age of consent at 18 years to accommodate demands of various women pressure groups and ministry of women and child development.

@manankmr