Analysis of The Shakti Criminal Laws (Maharashtra Amendment) Act, 2020

Shakti Criminal Laws LAW INSIDER

By Mohammad Asif

Introduction-

The Shakti Criminal Laws (Maharashtra Amendment) Act, 2020 is a huge step taken by the Maharashtra government to restrain the rampant heinous crimes by rigorous punishment and speedier judicial time probe in case of investigations and trial.

The Act categorically listed various changes and modifications in among them one is the introduction of the death penalty for a few offenses against women and children and the second is the inclusion of punishments for a few offenses like offense for throwing acid and providing false information during investigations has been amplified and third is regarding the shortening of the timeline of the procedure for a speedy investigation, trail and disposal of the appeal of the offenses.

Amendments made in IPC, CrPC, and POCSO Act by Shakti Act, 2020

Insertions made in IPC-

  • Section 175A after Section 175 of Indian Penal Code:

It states that any social media platform or internet or mobile telephony data provider including any intermediary or custodian who fails to share any data including document or electronic record with the Investigation Officer as requested, for investigation of offense which is involves offenses against women and children within a period of seven working days from receiving the request shall be punished with simple imprisonment for a term which may extend to one month or a fine of five lakh rupees, or with both.

  • Section 182A after Section 182 of Indian Penal Code:

It states that “any person, who makes a false complaint or provides false information against any person, in respect of an offense punishable against women and children solely to humiliate, extort, threaten, defame or harass, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both”.

  • Section 326A of Indian Penal Code:

It has enlarged the volume of penalization in case of acid attacks, making it to 10 years which can also extend to life imprisonment. and in cases where the crime is heinous with enough conclusive evidence provided, the death penalty can be awarded. In the case of medical expenses, the expenses as per the Bill include expenses for face reconstruction and expenses for plastic surgery, provided by the accused to the victim.

  • Section 326B of Indian Penal Code:

It was substituted that the imprisonment for a term shall not be less than seven years but which may extend to ten years.

  • Section 354E in the Indian Penal Code:

It states that “Whoever intentionally does any act to create a sense of danger, intimidation, or fear to a woman, in addition to insulting her modesty, by any act, deed, or words including:

  • offensive communication by telephone, email, social media platform or through any other electronic or digital mode of communication in a manner which is of lascivious or lewd nature; or
  • threat to upload or disseminates any sound or video file including a real or fabricated depiction of any part of the body of that woman including the involvement of that woman in any sexual act through electronic or any other form of media; or
  • use of social electronic media or any other media in any form to defame or cause disrepute to that woman; or
  • use of that woman’s name, particulars, photographs or any other means of identification to directly or indirectly outrage her modesty or violate her privacy, shall be punished with imprisonment of either description for a term which may extend to two years and with fine which may extend up to one lakh rupees”
  • Section 376, 376D, 376DA of IPC were also amended in Shakti Act, 2020, where the Act has warranted the death penalty in case of offenses of heinous nature and where the evidence is adequate and conclusive in proof.

Insertions made in CrPC-

Section 37A[1]:

Section 37A was inserted after Section 37. Every social media platform or internet or mobile telephony data provider, including any intermediary or custodian, shall be bound to share any data, including the document or electronic record to the Investigation Officer on demand, for the purpose of investigation of offence, punishable under Section 326A, Section 326B, Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 354E, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code, or any offence punishable under the Protection of Children from Sexual Offences Act, 2012

Section 39:

In the sub-section of 39, the following was included[2]: –

  • after clause (v), the following clauses shall be inserted, namely: –

“(v-1) Sections 326A and 326B (that is to say, offenses related to causing grievous hurt by use of acid and attempting to throw acid, etc.);

(v-2) Sections 354, 354A, 354B, 354C, 354D and 354E (that is to say, offences related to assault to outrage modesty, sexual harassment, disrobe, voyeurism, stalking, harassment of a woman by any mode of communication, etc.);

  • after clause (va), the following clause shall be inserted, namely:

“(vb) Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E, both inclusive (that is to say, offences related to rape and gang rape, etc.);

Section 100:

Provided that, in case of offences under Section 326A, Section 326B, Section 376, Section 376A, Section 376AB, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code and the offences under the Protection of Children from Sexual Offences Act, 2012, the person conducting the search shall call upon two public servants or two social workers recognized by the Women and Child Development Department of Government of Maharashtra, who are available in the locality in which the place to be searched is situated. Where such public servants are not available despite diligent efforts, the person searching shall, after recording in writing the same, follow the procedure provided in this sub-Section[3]”.

Section 164:

In sub-section (5A), in clause (a), after the words “punishable under” the words, figures and letters “Section 326A, Section 326B,” shall be inserted

Section 173

(i) in sub-section (1A), for the word, figures and letters “Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E” the word, figures and letters “Section 376B or 376C” shall be substituted;

(ii) after sub-Section (1A), the following sub-section shall be inserted, namely: —

“(1B) In relation to offences under Section 326A, Section 326B, Section 376, Section 376A, Section 376AB, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code, the investigation shall be completed within a period of fifteen working days from the date on which the information was recorded by the officer-incharge of the police station:

Provided that, if it is not possible to complete the investigation within the period of fifteen working days from the date on which the information was recorded, then the reasons for the same shall be recorded in writing by the concerned investigating officer; such instances may include the inability to identify the accused; whereupon the said period can be further extended by seven working days by the concerned Special Inspector General of Police or Commissioner of Police:

Provided further that, nothing contained in this section shall be deemed to have any effect on the various provisions of bail specified in this Code[4]”.

Section 309:

Provided that, when the inquiry or trial relates to an offence under Section 326A, Section 326B, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E, of the Indian Penal Code, the inquiry or trial shall be conducted on the day-to-day basis and completed within a period of thirty working days from the date of filing of the charge sheet[5]”.

Section 327:

(1) after the words “offence under” the words, figures and letters “Section 326A, Section 326B,” shall be inserted;

(2) after the second proviso, the following proviso shall be added, namely:—

Provided also that, in-camera proceedings shall be held in the chamber of the Presiding Officer recording the evidence and every effort shall be made by such Presiding Officer to make the victim or vulnerable witnesses feel comfortable and this shall be recorded in the evidence[6].”

Section 374: Inserted in sub-section (4)

(1) after the words “passed under” the words, figures and letters “Section 326A, Section 326B,” shall be inserted;

(2) for the words “six months” the words “forty-five days” shall be substituted[7]

Section 377: Inserted in sub-section (4)

(1) after the words “passed under” the words, figures and letters “Section 326A, Section 326B,” shall be inserted;

(2) for the words “six months” the words “forty-five days” shall be substituted[8]

Section 438: Inserted in sub-section 2A

“(2A) Nothing in this section shall apply to any case involving the arrest of any person on an accusation of having committed an offence under Section 326A or Section 326B or Section 376 or Section 376A or Section 376AB or Section 376D or Section 376DA or Section 376DB or Section 376E of the Indian Penal Code[9]”.

Section 439: Inserted in Sub-Section 1A

The person under Section 326A or Section 326B or sub-Section (3) of Section 376 or Section 376AB or Section 376DA or Section 376DB or Section 376E of the Indian Penal Code[10]“.

In POCSO Act, 2012-

Section 2 of the Protection of Children from Sexual Offences Act, 2012, in its application to the State of Maharashtra (hereinafter, in this Chapter, referred to as “the Protection of Children from Sexual Offences Act”), after clause (m), the following clause shall be added, namely: —

“(n) “staff’ means any person appointed as regular, temporary, contractual employee or worker and includes any person provided by an outsourced agency that renders assistance of any kind[11]”.

Section 4 of the Protection of Children from Sexual Offences Act, in sub-section (2), after the words “shall also be liable to fine” the words “which shall not be less than five lakh rupees or in case which have the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death” shall be added[12].

Section 5 of the Protection of Children from Sexual Offences Act, —

(a) in clause (d), after the words “being inmate” the words “or resident” shall be inserted;

(b) in clause (h), for the words “corrosive substance; or” the words “corrosive substance or intoxicant; or” shall be substituted;

(c) in clause (j), in sub-clause (i), for the words, brackets, letter and figures “become mentally ill as defined under clause (b) of Section 2 of the Mental Health Act, 1987” the words, brackets, letter and figures “have mental illness as defined under clause (s) of Section 2 of the Mental Healthcare Act, 2017” shall be substituted[13].

Section 8 of the Protection of Children from Sexual Offences Act, for the words “shall not be less than three years but which may extend to five years” the words “shall not be less than five years but which may extend to seven years” shall be substituted[14].

Section 9 of the Protection of Children from Sexual Offences Act, –

(a) in clause (d), after the words “being inmate” the words “or resident” shall be inserted;

(b) in clause (h), for the words “corrosive substance; or” the words “corrosive substance or intoxicant; or” shall be substituted;

(c) in clause (j), in sub-clause (i), for the words, brackets, letter and figures “become mentally ill as defined under clause (b) of Section 2 of the Mental Health Act, 1987” the words, brackets, letter and figures “have mental illness as defined under clause (s) of Section 2 of the Mental Healthcare Act, 2017” shall be substituted[15].

Section 10 of the Protection of Children from Sexual Offences Act, for the words “shall not be less than five years but which may extend to seven years” the words “shall not be less than seven years but which may extend to ten years” shall be substituted[16].

Section 23 of the Protection of Children from Sexual Offences Act, the following Section shall be inserted, namely: —

23A. Notwithstanding anything contained in any law for time being in force, any social media platform or internet or mobile telephony data provider including any intermediary or custodian who fails to share any data with the Investigation Officer as requested, for the purpose of investigation of offence, punishable under this Act, within a period of seven working days from receiving request, shall be punished with to imprisonment for a term which may extend to one month or a fine of five lakh rupees, or with both[17].

Issues Related to Shakti Act, 2020

  1. Concept of Death Penalty in India

The death penalty is one of the punishments prescribed by Section 53[18] of the Indian Penal Code. It is one of the grave punishments that Indian law prescribes for under any statute. This kind of punishment is also reserved for more serious and heinous offenses.

The deterrent theory was the cornerstone of punishment in England. Grave and inhuman punishments were the order of the day and inflicted even for minor offenses like pickpocketing and stealing etc. The offenders were put through the inhuman punishment of death by stoning and whipping. Most Islamic nations such as Pakistan, Iraq, Iran, Saudi Arabia, till date resort to the deterrent theory of punishment.

But this theory has been criticized because it proved ineffective in checking crimes and also the excessive harshness of punishment tends to defeat its purpose by arousing the solace of the public on those who are given inhuman and grave retributions. Deterrent punishment is probable to vulcanize the offender instead of creating in his heart a fear of law because hardened criminals are not afraid of Punishment.

“According to the Amnesty International report 2019, more than 106 countries have effectively abolished the death penalty from their laws[19]. And the United Nations had justified the deterrence that its arrest disparities are nothing more than a myth”. And the 262nd Report of Law Commission came in 2015 and this report, the Indian context of the death penalty has been talked about and analyzed and recommended that it should be abolished from Indian laws[20].

Comparative study of the states that have the death penalty for heinous crimes against women and children

As of 2020, 50 away from 77 cases of the total death sentences put on by trial courts have 65% sexual offenses and 82% comprise minors. And in 2020, the number of prisoners on death row in Uttar Pradesh is 59, Maharashtra is 45, and Madhya Pradesh is 37.[21] And the lowest number of prisoners on death row is seen in Andhra Pradesh who has 2 which is the least count.

Name of the States Death sentences warranted by the Sessions court in 2020
Uttar Pradesh 13
West Bengal 9
Tamil Nadu 6
Telangana 6
Madhya Pradesh 5
Karnataka 5
Jharkhand 5
Rajasthan 4
Maharashtra 4
Bihar 3
Assam 3
Gujarat 3
Andhra Pradesh 3
Punjab 2
Tripura 2
Haryana 2
Manipur 1
Delhi 1

Executions carried out by India and the list of the death row convicts:

Executions took place in the year Name of the convicts
2020

2020

2020

2020

2015

2013

2012

2004

Mukesh

Akshay Kumar Singh

Vinay Sharma

Pawan Kumar

Yakub Menon

Afzal Guru

Ajmal Kasab

Dhananjoy Chatterjee

Landmark Cases on The Death Penalty:

  • Jagmohan Singh Vs State of Uttar Pradesh [22]

In this case, the Supreme Course was encountered with the question of constitunialty. And the challenge was based on violation of Articles 14 19 and 21 of the Indian constitution. In this case, the Supreme Court has upheld the constitutionality of the death penalty.

  • Bachan Singh Vs State of Punjab [23]

In this case, there were contradictory opinions of the court, the court was encountered with the question of the constitutionality of the death penalty. But this time on two specific counts

  • The death penalty is provided under Section 302[24] of the India Penal Code that is for murder and
  • the procedure of the sentencing of the death penalty.

In this case, the Jagmohan Singh case was upheld by the Supreme court once for all which is followed by a five-judge constitutional bench of the Supreme Court. And it was ruled that the death penalty is constitutional. While discussing the procedure of the death penalty, the Supreme Court has come up with the doctrine of Rarest of Rare. The court has said that the special reasons that are required from a judgment that avoids the death penalty here, special reasons mean exceptional reasons which can be awarded only in exceptional circumstances.

  • Macchi Singh Vs State of Punjab[25].

In this case, the state of Punjab has strengthened the doctrine of the Rarest of Rare and summarized it in three forms.

In which for avoiding the death penalty the court has to take care of two considerations. First, the factor of culpability, and second the circumstances of the offender. Culpability means the gravity and circumstances of the offense determine with what and how much gravity the offender has done the crime. And circumstances of the offender are meant to make the offender in the title for a lesser punishment by seeing their socio-economic circumstances.

This doctrine also inserted a concept which is known as “Life imprisonment is a rule, and the death penalty is the exception”. This means the offense in which life imprisonment has an exception in such cases the court has to avoid the death penalty.

The court which is avoiding the death penalty has to prepare a balance sheet of aggravating and mitigating circumstances. And the court while giving examples of these said circumstances, Court had held that only in cases where aggravating circumstances outweigh the mitigating circumstances which concern criminals in such case the award of the death penalty can be prescribed by the Court.

  • Mithu Vs State of Punjab[26]

In this case, the Supreme Court has declared Section 303 of IPC unconstitutional. The reason for this is Section 303 of the Indian Penal Code states that if a life convict commits murder, only the punishment of death has to be awarded. The court has declared this arbitrary and unreasonable and because of the absence of any other alternate punishment, the court ruled it to be unconstitutional.

Presumption of consent

The Shakti Criminal Laws Act, 2020 has added a new explanation 3 for Section 375 of the Indian Penal Code that the presumption of consent will be taken into consideration when there is consent or implied consent by the women. According to Section 375 of IPC two conditions should be established in which one is “against her will” and the other is “without her consent”. It can be generally understood in cases like Rape and molestation that Consent means ‘unequivocal consent’ from the woman. But now we all are living in a very cybernetic era, and there can be various circumstances where the presumption of consent can be turned into a boom which is out of the aim of the Act.

For instance, these days everyone especially youngsters are part of social media which is a fact that is undeniable if two individuals get connected on Instagram or any dating sites like Tinder and after mutual understanding of themselves for more than five months.

When they plan to meet each other and in due course, the boy kissed and cuddled the women, and when women deny penetrative sex and ultimately the boy forces upon the women. In such instances as per the insertion of the explanation in the Act under Section 375, the presumption of consent can be made on the boy which is very improbable to fall within the classification of rape.

These types of instances can also raise a double burden as to how to prove that, and as there is implied consent in some cases it can also become nearly impossible.

The burden is being on the woman where it is suggested to form the opinion that she must combat. If there is no withstanding, the woman can be presumed she has given consent and, in a few cases, where a woman has not endured any physical injury in course of the combat falls under a doubtful list, which is very clear to all of us due to the landmark judgment in Tukaram v. the State of Maharashtra[27].

In a country like India for consent, several layers had been perceived through a lot of advocacies. And in the Judicial courts, we can also see a vast lump of defense upon consent. and having such presumption of consent neutralizes the entire essence of the law which is quite detrimental to the environment.

Obligations on data intermediaries

The new Act inserts 37A after Section 37 of the Code of Criminal Procedure,1973 which states that every social media platform or internet or mobile telephony data provider, including any intermediary or custodian, shall be bound to share any data, including the document or electronic record to the Investigation Officer on demand, shall be punished by imprisonment of up to one month, or a fine of five lakh rupees, or both.

This means social media platforms and telecom services providers are liable for punishment for failure to share information during the investigation with the investigation officer.

The Act allows investigation officers to seek information without a warrant or a court order but does not provide any safeguard for when and what kind of information could be sought.

This violates the individual right to privacy. The lack of requirement of a court order or provision of safeguards under the Act when asking for access to the individual data may infringe the fundamental right to privacy which is held in K.S.Puttaswamy v. Union of India[28].

In the above landmark case, the court had held that individuals have a fundamental right to privacy. Hamper on individuals’ privacy, should satisfy three requirements:

  • hampering must be in conformation with the procedure established by law,
  • the law must be in pursuit of a legitimate and true state aim (need), and
  • hampering imposed must be proportional to the need of the law and if there are no sufficient safeguards, the conditions imposed on the individual’s right to privacy by the Act may fail to meet the requirements specified by the Supreme Court.

Timeframe of the procedures

This Act amends Section 173 of the Code of Criminal Procedure in which it stated that the investigation shall be completed within fifteen working days from the date on which the information was recorded by the officer-in-charge of the police station and when it is not possible to complete the investigation within the given timeframe the said period can be further extended by seven working days by the concerned Special Inspector General of Police or Commissioner of Police. And by excluding the timeline for the investigation the Act also specified the period for the finishing of the trial which is within one month and to finish the appeal within two months, which is nearly impossible.

For instance, we can see in many situations in case of child sexual assaults where the autopsy reports or clinical reports from the hospital may get delayed even though they follow the strict procedural law and timeframe, and these loopholes can be taken as advantage by the defense counsels especially when the offenders are part of the social and political background.

Though the legislature intends to make speedy justice the mentioned timeframe is not possible practically because, in such a vast democratic country still we have a shortage of judges in the courts, infrastructural problems, shortage of police personnel (when they follow bandobast and other security protocols for political leaders), and complication regarding the digital educations in police stations and as well as courts.

For suppose, if a recently married woman goes to the police station to file a complaint on her husband on marital rape.

Now there are few possibilities that the police might conclude it under a presumption of Implied consent because they both are married and in the due course of the investigation the police may fail to collect and make the sequence of all the facts and shreds of evidence, in such case as there is very little knowledge about marital rape on society which includes the parents of the accused who are very much bounds to their cultural norms may not always believe in such rapes, and this kind of things may delay the investigation process to come for a final assessment, and because of these loopholes if the prosecution fails to prove the case beyond any reasonable doubt to the court then there is a chance for the offender to get acquitted which ultimately lead the case to fall in false cases category.

False complaints

The Act amends the Indian Penal Code to insert Section 182A which states that by fabricating a false complaint or by furnishing false information against any person only with the intent to humiliate, extort, threaten, defame, or harass them, as a punishable crime.

This shall apply to offenses related to certain crimes against women like acid attacks and rape. It shall be punished with imprisonment for up to one year, or with a fine, or both.  This may act as discouragement in disclosing crimes against women and children, which are already under-reported.

When the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has an alike provision that punishes a woman for reporting a false complaint, Justice Verma Committee in 2013[29] had taken into consideration that such rule is insulting and voids the objective of the law.

And, punishment for the offense of reporting a false complaint and furnishing false information do subsist under the Indian Penal Code and the POCSO Act.  While these laws grant imprisonment of up to six months, the Act penalizes imprisonment of up to one year.

Conclusion

A fundamental need a woman seeks from society and the people surrounded is not money or power or lust they seek just respect and dignity in her life but the society always reminds us of a few animals who rape, molest and sexually assault women which are so degraded to even think about and this kind of people emerges due to an embodiment of a Patriarchal perspective where a man puts obligations on women to have authority and sense of power over her. Laxmi[30] is one of the outcomes of such a brutal act which a man imposed on her for her rejection.

And as of 2022 with the cultural and technological advancements still, many parts of this society are failing to consider same-sex marriage or delaying marriages in pursuing her careers makes her fall under the category of “bad women”. And is obvious that we need very stringent laws to combat such heinous crimes but highlighting a law for the punishment for a false complaint is also against women. And there is an equal necessity for the governments to implement the already existing laws more servers for the sake of women and children. One needs to understand that until or unless we hear comments like “Ladke, ladke hain ghalti ho jati hai[31], “when rape is inevitable lie down and enjoy[32] we are not going to get justice in a complete sense.

References

http://mls.org.in/pdf2020/winter/Hb%20993%20(English).pdf

https://blog.ipleaders.in/shakti-act-2020-step-taken-curb-sexual-harassment-women-children-maharashtra/?amp=1

https://www.hindustantimes.com/india-news/shakti-act-maharashtra-s-new-bill-on-sexual-crimes-to-have-death-penalty-hefty-fines/story-VD6Muv0aAFotsjgbVXgCpJ.html

https://prsindia.org/bills/states/the-shakti-criminal-laws-maharashtra-amendment-bill-2020

  1. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec.12
  2. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 13
  3. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 14
  4. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 16
  5. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 17
  6. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 19
  7. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 20
  8. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 21
  9. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 22
  10. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 23
  11. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 25
  12. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 26
  13. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 27
  14. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 28
  15. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 29
  16. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 30
  17. The SHAKTI Criminal Laws (Maharashtra Amendment) Act, 2020 (Act 2 of 1974), Sec. 31
  18. The Indian Penal Code (Act 45 of 1860) Sec.53
  19. Amnesty International (Report on “Death penalty in 2019: Facts and figures” 2019) (April 2020)
  20. Law Commission of India “262nd Report on Death Penalty” (2015)
  21. Nidhi Jacob “404 prisoners are on death row in India, with Uttar Pradesh leading the list” Scroll In available in: “https://scroll.in/article/985918/404-prisoners-are-on-death-row-in-india-with-uttar-pradesh-leading-the-list (Last Visited on 1 January 1, 2022)

  22. Jagmohan Singh Vs State of Uttar Pradesh 1973 SCR (2) 541
  23. Bachan Singh Vs State of Punjab AIR 1980 SC 898
  24. The Indian Penal Code (Act 45 of 1860) Sec. 302
  25. Macchi Singh Vs State of Punjab 1983 AIR 957
  26. Mithu Vs State of Punjab AIR 1983 SC 473
  27. Tukaram v. the State of Maharashtra 1979 AIR 185
  28. K.S.Puttaswamy v. Union of India AIR 2017 SC 4161.
  29. Government of India (Justice Verma Committee), “Report on Amendments to Criminal laws” (2013)
  30. Laxmi vs. Union of India and Others 2014 SCC (4) 427
  31. Mohd Faisal FareedMulayam’s shocker: Boys will be boys, they make mistakes… Will you hang them for rape?” available at: https://indianexpress.com/article/india/politics/mulayam-singh-yadav-questions-death-penalty-for-rape-says-boys-make-mistakes/ (Last Visited on 1 January 2022)

  32. The Wire “When Rape Is Inevitable, Lie Down and Enjoy it: Karnataka Congress MLA Says in Assembly” available at: https://thewire.in/politics/when-rape-is-inevitable-lie-down-and-enjoy-it-karnataka-congress-mla-says-in-assembly (Last Visited on 1 January 1, 2022)

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