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RITUPORNA GUPTA   13 October 2020

Hello D.G Kalyan Kumar,

Nirbhaya Act which is also known as The Criminal Law (Amendment) Act, 2013 was passed by both the Houses of Parliament namely Lok Sabha and Rajya Sabha. It was introduced with the objective of amendment on the laws related to s*xual offences in Indian Penal Code, Indian Evidence Act and Code of Criminal Procedure.

It was originally an ordinance (an authoritative order) promulgated by the then President of India, Pranab Mukherjee on 3rd February 2013 in light of the protests in the 2012 of the Brutal Delhi gang rape case. Following offences were incorporated into the IPC and changes in the Criminal Law (Amendment) Act were made compared to the proposed ordinance :-

  1. Acid Attack (acid thrown on a person particularly face with the intention to cause harm and mental trauma)- In the ordinance, the fine levied was up to Rs.10 lakhs but later in the Act, fine levied shall be just and reasonable to meet medical expenses for treatment of victim.
  2. Sexual Harassment (unwelcome or inappropriate promise of rewards in exchange for s*xual favors, s*xual abuse/assault) - It was a gender neutral offence under the ordinance, now under the Act only a man can commit this offence on a woman.
  3. Voyeurism (the practice of gaining s*xual pleasure from watching others when they are naked or engaged in s*xual activity) - It is an offence committed only by a man on a woman as per the act and offence being gender neutral under the ordinance was scrapped.
  4. Stalking (unwanted or repeated surveillance by an individual or group toward another person which causes threat, intimidation and harassment) - An offence committed only by a man to a woman where there is fear of violence and distress created leading to mental trauma.

I hope I cleared your doubt.

 


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