Secondly, when a transgender person is an offender. Mainly acid are thrown at the face of victim, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones. They may not be able to work, or be able to find a job, and thus perpetually struggle to survive. Cognizable Non-bailable Court of Session. And if the injury is only simple, whether charge can be framed Under Section 326B is the incidental issue. Acid attack is common in Pakistan, Bangladesh, India, Afghanistan, Nepal, Cambodia, and a few other countries. तेजाब, इत्यादि के प्रयोग से स्वेच्छया घोर उपहति कारित करना 1 --- जो कोई किसी व्यक्ति के शरीर के किसी अंग या अंगों को उस व्यक्ति पर तेज़ाब फेंककर या उसे तेज़ाब का सेवन कराकर या किन्हीं अन्य साधनों का प्रयोग करके स्थायी या आंशिक नुक्सान या विद्रूपता कारित करेगा या दाह कारित करेगा या विकलांग बनाएगा या विद्रूपित करेगा या निःशक्त बनायेगा या वैसा कारित करने के आशय से या इस ज्ञान के साथ, कि उसे ऐसी क्षति या उपहति कारित होना सम्भाव्य है, घोर उपहति कारित करेगा, वह दोनों में से ऐसे किसी भांति के कारावास से, जिसकी अवधि दस वर्ष से न्यून नहीं होगी, किन्तु जो आजीवन कारावास तक की हो सकेगी और जुर्माने से, दण्डित किया जायेगा : परन्तु ऐसा जुर्माना पीड़ित के उपचार के चिकित्सीय व्यय को पूरा करने के लिए न्यायोचित और युक्तियुक्त होगा: परन्तु यह और कि इस धारा के अधीन अधिरोपित किसी जुर्माना का भुगतान पीड़ित को किया जायेगा। 1.
Act endangering life or personal safety of others. Since acid is so readily available across the counter in medical and other stores, acid attacks become a relatively cheap and effective way of committing acts of violence against women. Trafficking of minor Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Punishment for causing death or resulting in persistent vegetative state of victim. Stalking Sec 354D Stalking is a term commonly used to refer to unwanted or obsessive attention by an individual or group toward another person. The acid throwing is the most vicious form of crime in the society. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.
This amendment included punishment for those people who practice this heinous form of crime but the amendment was useless because after also people use to practice. The view is now settled that the headings or titles pre-fixed to Sections or group of Sections can be referred to in construing an Act of the legislature. If hurt is caused by such act, the offender becomes liable to imprisonment for life, otherwise the maximum term of imprisonment prescribed is 10 years. Thus, merely because the title to Section 326A of Indian Penal Code speaks about grievous hurt by use of acid, it is not a requirement under the Section that the injuries caused should be invariably grievous. WritingLaw is not by a group or company but just me. The paper aims at bringing to light the repercussion, both negative and positive, anomalies and efficiency of the Amendment Act,2013. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. What we have to see is whether the. The accessibility of acid not only encourages its use to perpetrate the crime of acid throwing, but the widespread use of acid by the rural populace also poses health hazards, causes accidents and has detrimental effects on the environment. Voluntarily causing hurt by dangerous weapons or means. Human civilization emerged from food.
For section 370 of the Penal Code, the following sections shall be substituted, namely:- Trafficking of person. After section 53 of the Indian Evidence Act, 1872 hereafter in this Chapter referred to as the Evidence Act , the following section shall be inserted, namely:— Evidence of character or previous sexual experience not relevant in certain cases. Taking a serious note of the inadequacy of the law of the rape manifested in a number of judgements, the Parliament from time to time has made an amendment with laws related to rape, including both procedural and substantive. The offence is punishable with imprisonment, along with fine, for a term which may extend to 3 years, on first conviction, and for a term which may extend to 5 years for subsequent conviction. Punishment for voluntarily causing grievous hurt. The best punishment is tit for tat, the same should be done be the person who do with innocent women. Voluntarily causing grievous hurt by use of acid etc.
Section 119 Special Provisions for evidence of differently abled persons Court to use the assistance of interpreters to take evidence of differently abled persons. Substitution of new section for section 119. If there is a sufficient time to call the magistrate, medical intimation must be sent to the nearest Magistrate for recording dying declaration, incase of the injured is about to die. Acid Attacks :- The Amendment has made special provisions for acid attacks. Acid attack is such a heinous form of crime which makes the life of the victim miserable. The Criminal Law Amendment Act,2013 hereinafter refer as Amendment Act,2013 , for the first time, has created many new offences for protection of woman against acid attacks Sec. If the injury referred to Under Section 326A or 326B is one among the specified eight injuries, whether the seven of them be simple or grievous, the special provisions are attracted.
A ban on the sale of acid in the retail market is the only solution to stop acid attacks. These will be the best punishment which can be awarded to them. Strisangrahana Adultery and rape and 5. The lack of gender neutrality in definition of Disrobing, Voyeurism, Rape etc, absence of law on marital rape, compensation for victims of rape, the age of consent and various other lacunas will create serious repercussions, realising this our political leaders Sushma Swaraj asked for tougher and efficient law in these kind of offences. The resultant injury has made the offence more serious with a mandatory minimum punishment of ten years which may extend to imprisonment for life and, in either case, with a fine. Bodily harm may also be caused by corrosives, electricity, insecticide, high dose of drugs.
Acid Attack was recently introduced as a separate offence under the Indian Penal Code through Criminal Amendment Act, 2013. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. As per the definition in Sec 354D the offence was gender-neutral offence, making the crime of stalking punishable for both the gender whether male or female. Cognizable Non-bailable Court of Session 376E Repeat offenders. Rigorous imprisonment of not less than 7 years but which may extend to imprisonment for life and with fine. In our opinion, it is permissible to assign the heading or title of a Section a limited role to play in the construction of statutes.
Section 114A Resumption as to Consent Shifts the onus on accused, also if the victim states in the court that she did not give consent the court will presume the same. In view of the explanation Under Section 326B, the resultant damage or deformity under 326A or 326B is not required to be irreversible. Men emotions get hurted for ending relationships and for refusing sexual harassment, Sexual exploitation, proposals of marriage and demands for dowry. Man uses it as a means or agent for that purpose, that is to say as an instrument for biting, cutting, gnawing or grinding. The medical effects of acid attacks are extensive. Only a man is assumed to be capable of committing such offence and that too against a woman only.