Study Of Custodial Rape In India

Abstract

The Criminal Law (Amendment) Act of 2013 included new provisions in the Indian Penal Code (IPC) in the form of Sections 376-B to 376-D. These provisions were designed to prevent the sexual abuse of women who are in the custody, care, or control of various kinds of persons. Because it is a more serious offense than regular rape, those convicted of it face harsher penalties. As a result, the minimum sentence for rape in custodial settings, rape on pregnant women, rape on girls under the age of sixteen, and gang rape has been increased to 10 years in jail. This change was made in order to counteract the horrors associated with these types of rape. Given the high stakes involved in disclosing a rape in India, the court in Bhanvada Boghin Hirji Bhai v. State of Gujarat reasoned, "Unless her story is painfully true, she would not have taken such a severe risk only to disparage the accused." Furthermore, it is notoriously hard to obtain independent evidence to verify the prosecutrix's testimony in situations of rape, especially custodial rape. Any member of the police force, any public worker, and any member of the management or staff of a correctional facility, any member of the management or staff of a facility housing women and children, and any member of the medical staff are all potential perpetrators of custodial rape. All incidences of rape that occur in prisons are committed by inmates abusing their authority .