1

UNIVERSITY INSTITUTE OF LAWS

PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA.
THE BHARTIYA NYAYA SANHITA 2023

SAKSHI V. UNION OF INDIA

AIR 2004 SC 3566

SUBMITTED BY: SUBMITTED TO:

ANIKET KAUSHISH MRS. HOMA BANSAL

B.A. LL.B (5TH SEMESTER) FACULTY

ROLL NO.- 86/22F UIL, PURC, LDH.

 2

TABLE OF CASES

1. Ram Kripal Slo. Shyam Lal Charmakar v. State of Madhya

Pradesh AIR 2007 SC (Supp) 49

2. State of Maharashtra v. Bandu alias Daulat (2018) 11 SCC 163

3. Mukesh & Anr. v State for NCT of Delhi & Ors (2017) 6 SCC 1

4. Navtej Singh Johar vs. Union of India AIR 2018 SC 4321

5. Sakshi v. Union of India AIR 2004 SC 3566

6. S. Gopal Reddy v State of AP AIR 1996 4 SCC 596

7. R v R AIR 1991 4 All ER 481

8. Regina v Burstow and Regina v Ireland (1997) 4 All ER 74

9. State of Punjab v Major Singh (1966) Supp. SCR 266

 3

TABLE OF CONTENTS

PARTICULARS PAGE NUMBER

Introduction 6
Section 63 7-8
Section 64 8-10
Section 65 11
Section 66&67 12
Section 68&69 13
Section 70 14-15
Section 71 15
Section 72&73 16-17
Section 377 (IPC) 17
Sakshi v. Union of India 18-27
Conclusion 28
 4

REFERENCES
BOOKS-

1. S N Misra, Indian Penal Code,

(CENTRAL LAW PUBLICATION, TWENTY SECOND EDITION)
2. Ratanlal & Dhirajlal, The Indian Penal Code
(LEXIS NEXIS, 35TH EDITION)
STATUES-

The Bhartiya Nyaya Sanhita 2023

The Indian Penal Code 1860
ONLINE DATABASE-

1. https://www.casemine.com/judgement/in/56ea7973607dba369a6f045c
(last visited 10th October 2024)
2. https://articles.manupatra.com/article-details/An-Extensive-study-of-
Rape-Laws-in-India
(last visited 10th October 2024)
3. https://devgan.in/ipc/?a=ipc&q=rape
(last visited 10th October 2024)
ARTICLES REFERRED -

1. The Problem of Rape in India: A Multi-dimensional Analysis,

International Journal Of Managing Projects in Business ( Radha R.
Sharma, Rupali Pardasani, Sharda Nandram)
2. An Extensive study of Rape Laws in India , Manupatra Articles
(Tejaswini Mallick)
 5

ACKNOWLEDGEMENT
 6

INTRODUCTION
Offences Against Woman and Child
of sexual offences
Chapter- V of The Bhartiya Nyaya Sanhita, 2023 (BNS)
deals with sexual offences against Women and Children
• Section 63 to 73 of BNS deals with such offences.

THE BHARTIYA NYAYA SANHITA, 2023 :-

The Bharatiya Nyaya Sanhita (BNS) is the Republic of India’s official

criminal code. It went into effect on July 1, 2024, after being adopted
by parliament in December 2023 to replace the Indian Penal Code
1860 (IPC), which dates back to British India.
The BNS is a comprehensive piece of legislation that covers a wide
variety of offenses against people, property, public order, and the
state. The BNS is divided into chapters, each addressing a certain
form of crime. For example, Chapter II discusses crimes affecting the
human body, such as murder, assault, and kidnapping. Chapter III
discusses property crimes such theft, robbery, and criminal trespass.
Chapter IV addresses public order breaches such rioting and illegal
assembly. Chapter VII covers offenses against the state, such as
sedition and treason.
SEXUAL OFFENCES AGAINST WOMAN AND CHILDREN :-

The BNS’s sexual offense regulations are similar to those in the IPC,
with a few proposed changes. The Bill creates a new chapter titled
‘Offences Against Women and Children’ to handle sexual crimes.
Similar offenses under the IPC are listed under the chapter ‘Offences
Affecting the Human Body’. This reorganization suggests that the
BNS exclusively acknowledges sexual offenses committed against
women.
 7

BNS Section 63 of the BNS is a key legislation that specifies the crime
of rape in India. This section discusses the situations under which sexual
intercourse may be deemed rape, as well as the consequences. This
provision states that a person commits “rape” if:

• Penetrates their penis to whatever degree into a woman’s vagina,

mouth, urethra, or anus, or forces her to do so with them or another
person.
• Inserts an instrument or body part other than the penis into a
woman’s vagina, urethra, or anus, or forces her to do so with them or
another person.
• Any aspect of a woman’s anatomy is manipulated to facilitate
penetration into her vagina, urethra, or anus, or she is coerced into
doing so by them or another person.

The clause further stipulates that rape can occur under the
following conditions:

• Against her will: If the lady has expressly stated her refusal to do the
sexual act.
• Without her consent: If the lady has not expressly or implicitly
consented to the sexual act.
• Under the influence of threat or force: If the woman is compelled into
sexual intercourse by threats or force.
• Under the influence of intoxication: If the lady is inebriated or
unconscious as a result of the offender or another person administering a
stupefying drug and is unable to provide permission.
• Under false pretences or misrepresentation: If the woman is deceived
into sexual intercourse through false pretences or misrepresentation.
• With or without her consent, when she is under eighteen years of
age: When she is under the age of eighteen, sexual intercourse with her
is deemed rape, whether with or without her permission.
• When she is unable to communicate consent: If the woman is unable
to communicate consent due to mental disability or other reasons.
 8

CASE LAW-

Ram Kripal Slo. Shyam Lal Charmakar v. State of Madhya Pradesh1

FACTS- the victim had gone to field to collect grass. On her way back
accused obstructed her and proposed for sexual intercourse. On her
refusal accused forcibly committed sexual intercourse. ]

JUDGEMENT- The evidence of victim and medical evidence

confirmed fact of penetration of his male organ. It was held that in case
of offence of rape penetration of male organ in female organ is a sine
qua non which was satisfied in this case and hence conviction of
accused for offence of rape was proper.

________________________________________________________

The punishment for rape under BNS Section 63 is severe. The

perpetrator may face harsh imprisonment ranging from ten
years to life, a fine, or both. In certain cases, rape can result in
significant harm or death, and the punishment might be death
or life imprisonment. Nonetheless, whether a public official, a
member of the armed forces, or an individual is raped, the
harshness of the penalty increases.
ACCORDING TO SECTION 64-
(1) Whoever commits rape, shall be punished with rigorous
imprisonment of either description for a term which shall not be less
1
AIR 2007 SC (Supp) 49
 9

than 10 years, but which may extend to imprisonment for life, and
shall also be liable to fine.
(2) Rigorous imprisonment for a term which shall not be less than ten
years, but which may extend to imprisonment for life, which shall
mean imprisonment for the remainder of that person's natural life,
and shall also be liable to fine if

(a) A police officer commits rape -

(i) within the limits of the police station to which he is appointed or
(ii) in the premises of any station house or
(iii) on a woman in such police officer's custody or in the custody of a
police officer subordinate to such police officer
(b) A public servant commits rape on
(i) a woman in such public servant's custody or
(ii) in the custody of a public servant subordinate to such public servant
(c) A member of the armed forces deployed in an area by the Central
Government or a State Government commits rape in such area
(d) The management or the staff of a jail, remand home or other
place of custody established by or under any law for the time being in
force or of a women's or children's institution, commits rape on any
inmate of such jail, remand home, place or institution; or
(e) The management or the staff of a hospital, commits rape on a
woman in that hospital
(f) A relative, guardian or teacher , or a person in a position of
trust or authority towards the woman, commits rape on such woman
(g) commits rape during communal or sectarian violence.
(h) commits rape on a woman knowing her to be pregnant.
 10

(i) commits rape, on a woman incapable of giving consent.

(j) In a position of control or dominance over a woman, commits
rape on such woman
(k) commits rape on a woman suffering from mental or physical
disability.
(l) while committing rape causes grievous bodily harm or maims or
disfigures or endangers the life of a woman.
(m) commits rape repeatedly on the same woman.
CASE LAW-
State of Maharashtra v. Bandu alias Daulat2,
FACTS : The victim who was deaf and dumb and mentally challenged
to some extent, was 14 years of age.and accused were seen together on
the date of incident i.e., 29th June, 2008, when she was raped by the
accused. Rape was confirmed by the medical evidence. Respondent
(accused) was the landlord of the house in which victim was living with
her parents. Evidence of victim's mother clearly showed that respondent
(accused) had taken the victim away and both were seen together by two
other prosecution witnesses.
HELD : The trial Court convicted the accused for offence under Section
376 and awarded him sentence of seven years rigorous imprisonment.
But the High Court reversed the conviction on ground of non-
examination of victim herself. On appeal, Supreme Court restored the
conviction of the respondent under Section 376 and the sentence of
seven years rigorous imprisonment. Allowing the State's appeal, the
Supreme Court held that even in absence of victim as a witness, there
was sufficient evidence warranting conviction of the accused.

2
(2018) 11 SCC 163
 11

This clause aims to increase deterrence and ensure that particularly

heinous acts of rape result in the most severe penalties.
Section 65 of the BNS covers the penalty of rape in specific instances,
stressing harsh penalties for assaults on women under the age of sixteen
or twelve. The clause describes the harshness of the sentence, which
includes at least twenty years of severe imprisonment, with the
potential of life in prison or the death penalty. It also creates
appropriate and reasonable punishments, with the revenues going to the
victim’s medical bills and rehabilitation
ACCORDING TO SECTION 65-
Punishment with rigorous imprisonment for a term which shall not
be less than 20 years, but which may extend to imprisonment for life,
which shall mean imprisonment for the remainder of that person's
natural life, and also liability of fine on-
(1) Whoever, commits rape on a woman under sixteen years of age
Porviso- Such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim
Proviso- Any fine imposed under this sub-section shall be paid to the
victim.
(2) Whoever, commits rape on a woman under twelve years of age.
Proviso- Such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim
Proviso- Any fine imposed under this sub-section shall be paid to the
victim.
 12

This section aims to ensure that the most severe penalties are
given to the criminals who cause the greatest harm to their
victims.

If someone falling under sub-section (1) or (2) of Section 64

commits the rape the rape victim dies or is put in a permanent
vegetative state, the criminal faces the death penalty, life in
prison for the remainder of natural life, or at least 20 years of
rigorous imprisonment.

BNS Section 67 may be applied to determine if a husband has

sexually assaulted his wife when a court ruling or otherwise
establishes their separation. If in such case the wife has refused to
have sexual intercourse with her husband and a husband having
sex with his wife without her approval, he’ll have to face
sentences of 2 to 7 years in jail.
 13

The perpetrator is someone in a position of power, whether a

governmental official, company owner, teacher, or religious leader. The
victim is unable to give free and informed consent due to the offender’s
power. The perpetrator and the victim engage in sexual contact.

If an offender uses their position or fiduciary relationship for sexual

intercourse, this sexual intercourse, NOT AMOUNTING TO RAPE,
attracts liability to fines and harsh prison terms ranging from 5 to
10 years.

__________________________________________________________

The topic of entering a sexual connection after lying to someone or

employing dishonest methods is covered in this section.

Making promises to marry a woman without such intention, marrying

by supressing identity, using any dishonest technique to make the victim
think offender is someone else or that they are going to carry out a legal
conduct or if the offender poses as someone who is known to be the
woman’s guardian or spouse and have a sexual relationship with the
woman while pretending to be someone else, this sexual intercourse,
NOT AMOUNTING TO RAPE attracts liability to 10 years in jail
and a fine
 14

(1) The term “gang rape” refers to rapes carried out by many
accomplices. This covers circumstances where a number of people take part
in the sexual assault either actively or passively.

• Due to the nature of group offenses, the law stipulates that

ANYBODY FOUND GUILTY OF GANG RAPE FACES A
STRINGENT MINIMUM TERM OF 20 IN PRISON, WITH THE
POSSIBILITY OF A LIFE SENTENCE WHICH SHALL MEAN
IMPRISONMENT FOR THE REMAINDER OF THAT
PERSON'S NATURAL LIFE OR DEATH PENALTY.

(2) GANG RAPE ON WOMAN UNDER THE AGE OF 18 YEARS

• ANYBODY FOUND GUILTY OF GANG RAPE ON WOMAN
UNDER THE AGE OF 18 YEARS FACES A STRINGENT OF A
LIFE SENTENCE WHICH SHALL MEAN IMPRISONMENT
FOR THE REMAINDER OF THAT PERSON'S NATURAL
LIFE OR DEATH PENALTY.

NOTE-

• The victim’s rehabilitation and medical costs are covered by the

penalties and the fine posed under this sub-section shall be paid to the
victim.

• Regardless of the degree of their personal involvement,

EVERYONE INVOLVED IN GANG RAPE SHALL BE DEEMED

TO HAVE COMMITTED THE OFFENCE OF RAPE AND BE
HELD ACCOUNTABLE FOR THE CRIME.

CASE LAW- Mukesh & Anr. v State for NCT of Delhi & Ors.3

3
(2017) 6 SCC 1
 15

Facts
The case is famously known as the Nirbhaya case. In this case, a 23
year old medical student was returning after a movie with her friend
and took a bus. In the bus, she was gang-raped by six people and was
brutally assaulted. After the rape, she along with her friend were
thrown out of the bus naked. The girl died while she was being treated
in a hospital in Singapore.

Judgment
In this case, the Supreme Court awarded death penalty to four of the
accused among six. One of them being a juvenile was convicted by
the Juvenile Justice Board and sent to the correctional home. The
other one committed suicide before the judgment was delivered.

___________________________________________________________

Someone who is convicted of certain sexual offenses on a frequent basis may

be sentenced to life in prison or perhaps executed.

ACCORDING TO SECTION 71

Whoever has been previously convicted of an offence punishable

under section 64 or section 65 or section 66 or section 70 and is
subsequently convicted of an offence punishable under any of the
said sections shall be punished with imprisonment for life which
shall mean imprisonment for the remainder of that person's
natural life, or with death.
 16

Section 72 prohibits sharing a victim’s identification owing to its sensitive nature.

Anyone convicted of these charges faces a fine and up to 2 years in jail.

EXCEPTIONS-

• Written consent from the victim, involvement of the victim’s next of kin,
and disclosures approved by the investigating police officer.
• When the victim is dead, or a child or of unsound mind.

Whoever prints or publishes any matter in relation to any proceeding

before a Court with respect to an offence referred to in section 72
without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to
2 years and shall also be liable to fine.
Explanation. - The printing or publication of the judgment of any High
Court or the Supreme Court does not amount to an offence within the
meaning of this section.
 17

Unnatural offences
Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with [imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Explanation.—Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.

This Section was partly struck down by Supreme Court of India on 06 Sep
2018, to the extent of decriminalizing same-sex relations between consenting
adults.

Case - Navtej Singh Johar vs. Union of India4

4
AIR 2018 SC 4321
 18

Case No. :

Writ Petition (crl.) 33 of 1997

PETITIONER : SAKSHI

RESPONDENT : UNION OF INDIA

DATE OF JUDGEMENT : 26/05/2004

BENCH : JUSTICE RAJDENRA BABU & G.P. MATHUR

FACTS OF THE CASE :

• An NGO by the name of Sakshi assists women with a variety of
needs, including housing, legal, medical, and many other types
of support, mostly for those who have experienced sexual abuse
or harassment or other offenses.
• The NGO filed a PIL in this matter to have the definition of
“rape” under section 375 of the Indian Penal Code changed to
just include penile/vaginal penetration, not the other types, such
as penile/oral, penile/anal, or finger/vaginal.
• The increasingly common occurrence of child sexual abuse was
specifically brought up in this. In this context, the petition also
discusses international treaties and constitutional rights. Writ
Petition filed through PIL under Sakshi article 32 of the Indian
constitution.
• The Union of India, the Ministry of Law and Justice, and the
Commissioner of Police, New Delhi, are the respondents. The
petition asked for a number of reliefs, including the expansion
of the definition of “rape” and a directive based on the particular
facts and circumstances of the case

5
AIR2004 SC3566
 19

LEGAL ISSUES RAISED IN THE CASE :

• Whether the definition of “sexual intercourse” in Section 375

IPC should be expanded to include various forms of penetration.
• Whether non-consensual penetrations such as penile/oral,
penile/anal, finger/vaginal, finger/anal, and object/vaginal
should be subsumed under Section 375 IPC.
• Whether a restrictive interpretation of penetration in Section 375
defeats the legislative intent of providing adequate protection
against sexual abuse.
• Whether the narrow interpretation of rape violates Articles 14
and 21 of the Constitution by denying adequate redress to
victims.
• Whether special procedural protections should be provided to
child victims of sexual abuse during trials.

PETITIONER ARGUMENTS:

a) With changes arising in the current societal scenario there is a

need to include all kinds of forcible penetration as ‘rape’ under
section 375 of IPC, which during the period of the case and
before was only considered as forcible penile/vaginal
penetration.
b) With the Criminal Law (Amendment) Act 1983 inserting of
Section 376(2)(f) with regard to child sexual abuse where any
abuse of a girl below the age 12 years is considered ‘rape’. But
it does not speak about all kinds of penetration like the
penile/anal, finger/vaginal, object/vaginal, finger/anal,
 20

object/anal penetration and section 375 does not clarify the term
penetration.
c) Due to the vagueness of section 375 as mentioned above, there
is a defeat in the purpose of the amendment made to section
376(2)(f).
d) Because of the type of penetration the case of child sexual abuse
is considered to be under section 377 [unnatural offences] for
penile/oral, penile/anal or under section 354 [outraging the
modesty of a woman] for finger/vaginal, object/vaginal,
finger/anal, object/anal by ignoring the impact made on the child
who has been a victim to this.
e) It also spoke about how non-consensual penetration (unnatural
offences) was given consideration with consensual penetration
(homosexual sex)
f) Due to such narrow interpretation of the term ‘rape’ under IPC,
it also raises the question of violating the right to equality as per
Article 14 of fundamental rights.
g) This narrow interpretation of rape can affect sexual integrity and
autonomy of women and children in violation of Article 21 of
the Indian Constitution.
h) United Nations Convention on the elimination of all forms of
discrimination against women, 1979 and the Conventions on the
Rights of Child adopted by United Nations General Assembly
on 20th February 1989 with special reference to articles 17(e)
and 19.
 21

RESPONDENT ARGUMENTS :

The sections 375 and 376 have undergone considerable changes with
the Criminal Law (Amendment) Act 1983. There has been inclusion
of sections 376A, 376B, 376C and 376D to the IPC which are
provisions to help women and children of such crimes.

a) Both the sections, i.e., 376 and 377 have stringent

punishments and the claim of it being treated as lesser
offences are wrong.
b) It is also mentioned that other kinds of penetration except
penile/vaginal is an unnatural offence as per section 377 of
IPC.
c) Section 354 of IPC cannot be considered here as it deals
with outraging the modesty of a woman unlike section 377
which deals with unnatural offences which is any kind of
penetration apart from penile/vaginal.
d) The provisions of sections 375, 376 and 377 are not
violative of Articles 14, 15(3) and 21 of the Indian
Constitution.
e) The international treaties can only be considered for
fundamental rights in the absence of any municipal laws
regarding the matter whereas in this this case there is a law
in place for the issue and to declare it ultra vires is only in
the hands of legislators and there is so pressing necessity
for them to follow international treaties.
 22

RELATED LAWS IN INDIA

a) The Indian Penal Code, 1860 covered the sections 354, 375,
376 and 377 (Now Section 74,63,64 BNS respectively) which
is the main sections being dealt with in the PIL. Section 354
briefly states about use of criminal force or assault on women
with the intention of outraging her modesty. Section 375
defines the term rape as a man who has sexual intercourse with
a woman under the six circumstances which is mentioned in
the code. Section 376 is about the punishments for rape.
Section 377 is unnatural offences which are against the order
of nature.
b) The next set of laws mentioned are the Fundamental Rights
mentioned in Part III of Indian Constitution. Which are articles
14, i.e., right to equality; article 15(3) which speaks about
special provisions for women and children; and then article 21
which is about protection of life and personal liberty.
c) Articles 17(e) and 19 of Conventions on the Rights of Child
adopted by United Nations General Assembly. Article 17(e)
states about providing information of all sorts to children
which is required but also protecting it from the harms arising
out of it too. Article 19 is about protection by state to children
who are victims of violence, injury or abuse of any kind be it
in the presence of guardian, parents or any other person. The
state has to take all protective steps to help the child who is a
victim.
 23

RELEVANT CASES

a. In S. Gopal Reddy v. State of AP6, it was held that were

law is not clear the judges do not blame the draftsmen or
rule makers but they try to find the mind-set of such
people and decide accordingly. At times these lead to
wider interpretation and is called judicial interpretation.
Judicial interpretation is made by the judges with changing
of times to adapt to the current needs of society. Here, the
petitioner of the case asks for the same kind of judicial
interpretation to broaden the use of the term ‘rape’. This
concept of interpretation is called interpretation of statutes
academically and there are various rules to it like the
literal, golden and mischief rules.

b. In R v R7, the House of Lords held that if a husband has

sexual intercourse with the wife without her consent, then
it is a crime which was earlier accepted. It is because of
the amendment made and now that both the husband and
the wife are considered equals.

6
(1996) 4 SCC 596

7
(1991) 4 All ER 481
 24

c. Another case mentioned is Regina v Burstow and Regina v

Ireland8where a man made repeated silent phone calls to a
woman with heavy breathing causing her psychological
harm, this wider aspect was considered so the perpetrator
does not go unharmed.

d. In State of Punjab v. Major Singh9, it was held that hymen

ruptured by inserting finger is not rape. It is because of
these judgements that there is a need for broadening the
meaning of the term rape.

e. According to Volume 11(1) of Halsbury’s Laws of

England mentions the meaning of rape which is unlawful
sexual intercourse with a woman without her consent is
essential.

8
(1997) 4 All ER 74

9
(1966) Supp. SCR 266
 25

LAW COMMISSION REPORT

The court had referred the matter to the Law Commission for its
opinion. The matters were mentioned in the 156 th report of the
commission. Where the commission clearly states that penile
penetration of vagina is considered rape under section 375, penile oral
penetration and penile penetration into anus is unnatural offence under
section 377 and finger or object penetration into vagina or anus is under
section 354 and severe punishments can be considered by the court for
the same. And an attempt to commit these offences will come under
section 511 of IPC.

It is difficult to make the definition of rape under section 375 IPC broad
by judicial interpretation because the interpretation of the term has
remained narrow for all these years and to interpret it differently may
create ambiguities and confusions. So, to change the definition by
judicial interpretation is not the correct relief.

The petitioner suggests for changes in the provisions of child sexual

abuse cases. It speaks about usage of child’s videotaped interview,
child’s testimony to be taken in closed circuit television and behind a
screen to stay away from eyes of the accused, cross examination to be
carried out by the judge on the submission of written questions by the
defence and to give breaks to the child as required.

The law commission did not accept the same in view of section 273 of
Cr.P.C, which is evidence to be taken in the presence of the accused.

Though later the law commission took the recommendations given by

Sakshi in their 172nd Law Commission of India Report.
 26

JUDGEMENT OF THE CASE

The judgement regarding the child sex abuse or rape is that a screen or something
of the kind is to be provided by the court and the victim must be given intervals as
and when needed. Also, questions of cross examination must be given to the judge.
The rest of the matter must be taken by the parliament and a proper legislation
must be passed in the regard.

AN ANALYSIS OF THE JUDGEMENT

The judgement by Justice G. P. Mathur was a complete and weighed decision made at
the time it was made. But the decision in current scenario is not right as the rate of
sexual crimes in India is at its highest now and not considering the statements made
by Sakshi seriously is not right. The need is to consider the term rape in a broader
light. And the suggestions made on the child sex abuse or rape cases are to be strictly
followed as because of not following them properly the culprits are often let go off by
courts easily. The trauma faced by the victims are sometimes overlooked as there are
some legal hurdles to put the perpetrators behind the bars. It is a necessity to take
action as required before it is too late.

The idea of keeping the child and witnesses behind a screen and away from the
accused is a very good point and is required to be followed by all courts for such
cases. Also, to give breaks to the victim when they require it also a good move and it
puts them at ease and helps them to open up on the issues they faced.

The instruction by the court for the parliament was very important, if the amendment
is rightly made, then the term ‘rape’ would hold wider meaning and the culprits of
such heinous crimes will not go unpunished. The society generally blames the victims
of such crimes, only if they get justice legally can they fight for social justice. Sakshi,
the organisation, stands for this and have succeeded in doing so over the years. The
Law Commission’s earlier report not considering the recommendations of Sakshi and
later working with its recommendations in later report shows the efforts of their work
bearing fruits but the time it has taken is the biggest drawback. The fight for justice
for women and children of sexual crimes is still an ongoing one.
 27

AMENDMENTS MADE LATER IN RESPECT TO

RAPE

The Criminal Law Amendment Act of 2013, commonly known as

the Anti-rape Act, brought about substantial changes in the legal
landscape.

The amendments were made after the gut wrenching case of

Mukesh & Anr. V. State (NCT Of Delhi) & Ors.10

The definition of rape underwent expansion, including unconsented

penetration of the mouth, urethra, vagina, anus with the penis or
other objects, and unconsented application of mouth to vagina,
urethra, and anus.

This legislative reform expanded the ambit of rape by incorporating

new offenses such as stalking, acid attacks, and voyeurism into its
definition. The mere threat of rape was recognized as a criminal act,
subjecting the perpetrator to legal consequences.

Furthermore, the minimum sentence for rape was elevated from seven to
ten years, acknowledging the surge in rape cases. In instances leading to
the victim’s death or a vegetative state, the minimum sentence was
heightened to 20 years.

The punishment was later amended in the new BNS to minimum of 20

years to maximum of a death sentence

The age of consent was raised from sixteen to eighteen years, reflecting
a heightened legal standard for the ability to give consent.

10
(2017) 6 SCC 1
 28

CONCLUSION

The case was supposed to help make an imminent change in the

Criminal Law but the necessary action not being taken by parliament
left the law and the position of this case as it is for years. It was only
during Nirbhaya’s case that Justice Verma Committee was set up and
based on the report a major amendment regarding rape laws in India
was made. Also, Protection of Children from Sexual Offences
(POCSO) Act, 2012 is major change which has helped child sexual
abuse victims. It has also led to spread awareness regarding these
matters. There was also the POSH Act 2013 which was about
Prevention, Prohibition and Redress of Sexual Harassment at Work
Place. Though, the Sakshi case did not make an impact when it was
fought but later when such amendments were made then it was
considered and discussed. The Section 377 IPC was legalised on the
grounds of recognising same sex marriage and their intercourse. This
case which touched different matters together in 2004 is now seeing its
after effects where there are acts and amendments made for each issue.
The seeds of the Sakshi v. Union of India is bearing fruits now.

It was only in 2013 that the main aspect of this case was considered and
brought into force, i.e., the definition of rape now contains all forms of
penetration. If, this decision was taken back in 2004 by the right
authorities, then the victims of such heinous acts during the period
2004-13 would have got their part of justice. But it actually took nearly
a decade for them to act on the same.