CAFI Briefing Note

October 2016

Justice J. S. Verma Committee Recommendations

and Criminal Law (Amendment) Act, 2013
 Justice Verma Committee Report recommendations and
Criminal Law (Amendment) Act, 2013
Introduction

Against the backdrop of the nation-wide outrage over the tragic Delhi gang-rape,
Nirbhaya (Fearless) incident of December 16, 2012, propelled the Government of
India (GOI) to drive the issue of violence against women (VAW) to the centre-stage
of political discourse. Consequently, on December 22, 2012, GOI appointed a three
member judicial committee headed by the former Chief Justice of India, Justice J.S.
Verma, who passed away on April 22, 2013, Justice Leila Seth and Gopal
Subramanium requesting them to submit a report within 30 days. The key objective of
the Commission was to review for possible amendments to the criminal law and
suggest measures for faster trials and harsher penalties for vicious offences related to
VAW. On January 23, 2013, the commission submitted its recommendations by
identifying ‘lack of good governance’ as the central cause of VAW. The
recommendations are based on more than 70,000 suggestions received from
stakeholders, social activists and public comprising eminent jurists, legal
professionals, NGOs, women’s groups and civil society through varied methods:
emails, posts and fax. A 631-page report consisting of 14 chapters include
recommendations on laws related to rape, sexual harassment, trafficking, child sexual
abuse, medical examination of victims, police, electoral and educational reforms.
Based on some of the recommendations of the Justice Verma Committee (JVC)
report, an anti rape Ordinance was enacted and signed by the Honourable President of
India, Mr Pranab Mukherjee on February 03, 2013. The Criminal Law (Amendment)
Bill, 2013, passed in the Parliament (Lok Sabha1 and Rajya Sabha2 respectively on
March 19 and 21, 2013) replaced the promulgated Ordinance, which lapsed on April
04, 2013.

We summarise the key recommendations of the Committee.

Rape: The Committee recommended that the gradation of sexual offences should be
retained in the Indian Penal Code, 1860 (IPC).

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The Committee was of the view that rape and
sexual assault are not merely crimes of passion
but an expression of power. Rape should be
retained as a separate offence and it should not
be limited to penetration of the vagina, mouth
or anus. Any non-consensual penetration of a
sexual nature should be included in the
definition of rape.

The IPC differentiates between rape within

marriage and outside marriage. Under the IPC
sexual intercourse without consent is
prohibited. However, an exception to the
offence of rape exists in relation to un-consented sexual intercourse by a husband
upon a wife. The Committee recommended that the exception to marital rape should
be removed. Marriage should not be considered as an irrevocable consent to sexual
acts. Therefore, with regard to an inquiry about whether the complainant consented to
the sexual activity, the relationship between the victim and the accused should not be
relevant.

Sexual assault: Currently, “assault or use of criminal force to a woman with the
intent to outrage her modesty” is punishable under Section 354 of the IPC with 2
years imprisonment. The term outraging the modesty of a woman is not defined in
the IPC. Thus, where penetration cannot be proved, the offence is categorized as
defined under Section 354 of the IPC.

The Committee recommended that non-

penetrative forms of sexual contact should be
regarded as sexual assault. The offence of
sexual assault should be defined so as to
include all forms of non-consensual non-
penetrative touching of a sexual nature. The
sexual nature of an act should be determined
on the basis of the circumstances. Sexual
gratification as a motive for the act should not
Photo :MapsofIndia .com
be prerequisite for proving the offence. The

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offence should be punishable with 5 years of imprisonment, or fine, or both. Use of
criminal force to disrobe a woman should be punishable with 3 to 7 years of
imprisonment.

Verbal sexual assault: At present, use of words or gestures to “insult a woman’s

modesty” is punishable with 1 year of imprisonment or fine or both under Section 509
of the IPC. This section should be repealed. The Committee has suggested that use
of words, acts or gestures that create an unwelcome threat of a sexual nature should be
termed as sexual assault and be punishable for 1 year imprisonment or fine or both.

Sexual harassment: Some of the key recommendations made by the Committee on

the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Bill, 2012 that is pending in Parliament are provided below:

• Domestic workers should be included within the purview of the Bill.

• Under the Bill the complainant and the respondent are first required to
attempt conciliation. This is contrary to the Supreme Court judgment in
Vishakha vs. State of Rajasthan which aimed to secure a safe workplace to
women.
• The employer should pay compensation to the woman who has suffered
sexual harassment.
• The Bill requires the employer to institute an internal complaints committee
to which complaints must be filed. Such an internal committee defeats the
purpose of the Bill and instead, there should be an Employment Tribunal to
receive and adjudicate all complaints.

Acid attack: The Committee opined that the offence should not be clubbed under the
provisions of grievous hurt which is punishable with 7 years imprisonment under the
IPC. It noted that the offence was addressed in the Criminal Laws Amendment Bill,
2012 which is currently pending in Parliament. The Bill prescribes a punishment of
imprisonment for 10 years or life. It recommended that the central and state
government create a corpus to compensate victims of crimes against women.

Offences against women in conflict areas: The continuance of Armed Forces

(Special Powers) Act (AFSPA) in conflict areas needs to be revisited. At present, the
AFSPA requires a sanction by the central government for initiating prosecution

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against armed forces personnel. The Committee has recommended that the
requirement of sanction for prosecution of armed forces personnel should be
specifically excluded when a sexual offence is alleged. Complainants of sexual
violence must be afforded witness protection. Special commissioners should be
appointed in conflict areas to monitor and prosecute for sexual offences. Training of
armed personnel should be reoriented to emphasise strict observance of orders in this
regard by armed personnel.

Trafficking: The Committee noted that the Immoral Trafficking Prevention Act,
1956 did not define trafficking comprehensively since it only criminalised trafficking
for the purpose of prostitution. It recommended that the provisions of the IPC on
slavery be amended to criminalise trafficking by threat, force or inducement. It also
recommended criminalising employment of a trafficked person. The juvenile and
women protective homes should be placed under the legal guardianship of High
Courts and steps should be taken to reintegrate the victims into society.

Child sexual abuse: The Committee has recommended that the terms ‘harm’ and
‘health’ be defined under the Juvenile Justice Act, 2000 to include mental and
physical harm and health, respectively, of the juvenile.

Punishment for crimes against women: The Committee rejected the proposal for
chemical castration as it fails to treat the social foundations of rape. It opined that
death penalty should not be awarded for the offence of rape as there was considerable
evidence that death penalty was not deterrence to serious crimes. It recommended life
imprisonment for rape.

Medical examination of a rape victim: The Committee has recommended the

discontinuation of the two-finger test which is conducted to determine the laxity of the

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vaginal muscles. The Supreme Court has through various judgments held that the
two-finger test must not be conducted and that the previous sexual experience of the
victim should not be relied upon for determining the consent or quality of consent
given by the victim.

Police reforms: The Committee has recommended certain steps to reform the police.
These include establishment of State Security Commissions to ensure that state
governments do not exercise influence on the state police. Such Commissions should
be headed by the Chief Minister or the Home Minister of the state. The Commission
would lay down broad policy guidelines so that the Police act according to the law. A
Police Establishment Board should be established to decide all transfers, postings and
promotions of officers. Director General of Police and Inspector General of Police
should have a minimum tenure of 2 years.

Reforms in management of cases related to crime against women:

• A Rape Crisis Cell should be set up. The Cell should be immediately
notified when an FIR in relation to sexual assault is made. The Cell must
provide legal assistance to the victim.
• All police stations should have CCTVs at the entrance and in the questioning
room.
• A complainant should be able to file FIRs online.
• Police officers should be duty bound to assist victims of sexual offences
irrespective of the crime’s jurisdiction.
• Members of the public who help the victims should not be treated as wrong
doers.
• The police should be trained to deal with sexual offences appropriately.
• Number of police personnel should be increased. Community policing
should be developed by providing training to volunteers.

Electoral reforms: The Committee recommended the amendment of the

Representation of People Act, 1951. Currently, the Act provides for disqualification
of candidates for crimes related to terrorism, untouchability, secularism, fairness of
elections, sati and dowry. The Committee was of the opinion that filing of charge
sheet and cognizance by the Court was sufficient for disqualification of a candidate

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under the Act. It further recommended that candidates should be disqualified for
committing sexual offences.

Education reforms: The Committee has recommended that children’s experiences

should not be gendered. It has recommended that sexuality education should be
imparted to children. Adult literacy programs are necessary for gender empowerment.

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 Justice Verma Committee Report recommendation and Criminal Law
(Amendment) Act, 2013

Offence/ Issue Definition Existing JVC Criminal Law

Laws report (Amendment)
recommen Act, 2013
dation

Disobedience of Failure to No specific Failure of a Punishable with

law by a public record provision, public rigorous
servant information IPC, 1860 servant to imprisonment for
in sexual record six months to 2
offences information years and fine.
cases; in relation
knowingly to sexual (Section 166A)
disobeying offences
laws on should be
investigation specifically
penalised
under the
Bill.

Rape resulting Causing Rape and Punishment Specific offence.

in death or death or murder 20 years up Punishment 20
vegetative state persistent dealt with to life years to life
vegetative as two imprisonm imprisonment
state when separate ent. In case (rigorous
committing offences. of gang imprisonment) or
rape. Rape: 7 rape death.
years to life resulting in
imprisonm death or (Section 376-A)
ent, persistent
Murder: vegetative
imprisonm state
ent for life punishment

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 or should
extend to
life
imprisonm
ent

Punishment for Where a 10 years to Imprisonm 20 years to life

gang rape person is life ent for life imprisonment
raped by one imprisonm shall mean (rigorous
or more in a ent and imprisonm imprisonment)
group of fine, IPC, ent for the and fine payable
persons 1860 rest of that to the victim,
acting in person’s that is reasonable
furtherance natural life. to meet medical
of a expenses.
common
intention, (Section 376-D)
each of these
persons shall
be deemed
to have
committed
the offence
of gang
rape,
regardless of
their gender

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Rape by armed “Armed No specific Specificall Specific offence.
personnel forces" provision. y penalises Shall be
means the Public rape by punished with
naval, servant armed rigorous
military and includes personnel imprisonment of
air forces armed within the either description
and includes personnel. area they for a term which
any member Punishment are shall not be less
of the : 10 years deployed than seven years,
Armed to life in. Armed but which may
Forces imprisonm personnel extend to
constituted ent and should be imprisonment for
under any fine, IPC, penalised life
law for the 1860 with
time being imprisonm (Section 376-C)
in force, ent for 7 to
including 10 years if
the they knew
paramilitary that sexual
forces and offences
any were being
auxiliary committed
forces that by their
are under the subordinate
control of s. The
the Central requiremen
Government t for
or the State sanction to
Government prosecute
armed
personnel
should be
removed in
relation to
sexual

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 offences.

Responsibility Failure of No specific The victim Punishable with

of Hospital hospitals provision, must be 1 year and/or
and doctors IPC, 1860 taken to the fine. In cases of
to provide and CCP, nearest acid attacks or
medical 1973 hospital. rape, all
treatment to Medical hospitals
victims of examinatio
sexual n report (Section 166B)
offences. must be
prepared,
preferably
immediatel
y after the
examinatio
n, but most
certainly on
the same
date as the
examinatio
n and must
be
forwarded
to the
investigatin
g agency

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 forth with
immediatel
y. All
hospitals
should co-
operate
with the
police and
preserve
the samples
likely to
putrefy in
their
pathologica
l facility till
such time
the police
are able to
complete
their paper
work for
despatch to
forensic lab
test
including
DNA.

Acid Attacks Throwing of No specific Whoever Specific offence.

acid on provision. attempts to Punishable with
women for a Covered throw acid 10 years or life
multitude of under or imprisonment
reasons, grievous corrosive and reasonable
including hurt. or any fine amount to
alleged Punishment burning meet medical
adultery, : up to 7 substances

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turning years on any expenses.
down imprisonm person, or
advances ent, IPC, attempts to (Section 326-A
from men, 1860. administer & 326-B)
and also as a acid to any
form of person, or
domestic attempts to
violence. use any
Causing other
permanent means to
or partial achieve the
deformity or purpose of
burns on any causing
person by permanent
throwing or or partial
administerin damage to
g acid. any part or
parts of the
body of a
person,
shall be
punished
with
rigorous
imprisonm
ent for a
term which
shall not be
less than
five years
but which
may extend
to seven
years, and
shall also

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 be liable to
pay
compensati
on to the
victim
adequate to
meet at
least the
medical
expenses
incurred by
the victim.

Punishment for Punishments No specific Shall be Specific offence.

repeat offenders for persons provision, punished Life
previously IPC, 1860 with imprisonment
convicted of imprisonm (rigorous
an offence ent for life, imprisonment) or
of rape, which death.
custodial means
rape, and imprisonm (Section 376-E)
gang rape. ent for the
rest of that
person’s
natural life.

Age of Consent Legal age at Specific 16 years 18 years

which a provision,
person is since the
considered 1983
competent to amendment
give sexual s in the
consent rape law in
(sexual the IPC,

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 intercourse) 1860

Touching Physical Outraging a Existing Outraging a

contact woman’s provisions woman’s
involving modesty. of the IPC modesty: 1 to 5
unwelcome Punishment should be years
and explicit : deleted. imprisonment
sexual imprisonm Intentional and fine.
overtures. ent for touching of Physical contact
maximum a sexual involving
2 years and nature, unwelcome and
fine, IPC, without the explicit sexual
1860 person’s overtures: up to
consent 3 years
should be imprisonment
penalised and/or fine.
with 5
years (Section 354A)
rigorous
imprisonm
ent.

Stalking Following a No specific Whoever Specific offence.

woman, provision. commits 1st offence
attempting the offence punishable with
to foster shall be 1 to 3 years
personal punished imprisonment
interaction with (Bailable). 2nd
despite imprisonm offence
indication of ent of punishable with
victim’s either up to 5 years
disinterest, description imprisonment
spying, for a term (Non-bailable).
monitoring which shall
electronic not be less (Section 354D)

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 communicat than one
ions year but
which may
extend to
three years,
and shall
also be
liable to
fine.

Sexually Making of No specific Use of Specific offence.

coloured sexually provision words or Punishable with
remarks/Use of coloured for this gestures imprisonment for
words or remarks by a offence. towards a up to one year
gestures to man. Verbally person, or and/or fine. Non
insult a assaulting a in his Bailable
woman’s woman’s presence,
modesty modesty is which (Section 354A)
punishable create an
with one unwelcome
year threat of a
imprisonm sexual
ent and/or nature,
fine, IPC, should be
1860. punishable
with
imprisonm
ent for one
year and/or
fine.

Demand for Demand or No specific Those who Specific offence.

Sexual Flavour request by a provision demand or Punishable with
man for for this request for up to 3 years’
sexual offence. sexual rigorous

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 favours. Verbally favour imprisonment
assaulting a should be and/or fine.
woman’s punishable
modesty is with (Section 354A)
punishable imprisonm
with one ent for one
year year and/or
imprisonm fine.
ent and/or
fine, IPC,
1860

Assault to Forcing a No specific Whoever Specific offence.

disrobe a woman to offence. assaults or Punishable with
woman undress and Outraging a uses 3 to 7 years
lie in naked woman’s criminal imprisonment
condition. modesty is force to and fine.
punishable any woman
with or abets (Section 354B)
imprisonm such act
ent for with the
maximum intention of
2 years and disrobing
fine, or
IPC,1860 compelling
her to be
naked in
any public
place, shall
be
punished
with
imprisonm
ent of
either

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 description
for a term
which shall
not be less
than three
years but
which may
extend to
seven years
and shall
be liable to
fine.

Voyeurism Watching a No specific Penalise Specific offence.

woman offence, the act of Only protects
when she is IPC, 1860. capturing women. 1st
engaging in Informatio images of, offence
a private act n or punishable with
including Technolog watching, a 1 to 3 years
sexual acts, y Act, 2000 woman imprisonment
use of protects engaging in and fine. 2nd
lavatory, or both men sexual acts offence
when private and or when punishable with
parts are women. her genitals 3 to 7 years.
exposed. Punishment are exposed
: up to 3 with (Section 354C)
years imprisonm
and/or fine ent for 1 to
up to _2 3 years and
lakh. fine.

Other forms of Rape In the Specific offence.

rape includes un- absence of Punishable with
consented penile- 7 years to life
penetration vaginal imprisonment

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 of the penetration (rigorous
mouth, anus, offence of imprisonment).
urethra or outraging
vagina with modesty of (Section 376A,
the penis or a woman 376B, 376C,
other object; punishable 376D, 376E)
un- with
consented maximum
oral sex. 2 years and
fine, IPC,
1860

Marital rape Forceful Should be Is not an offence

sexual acts an offence if the wife is
committed regardless over 16 years of
without the of the age age.
consent of of the wife.
the partner. (Section 376-B)

Forcibly Forcibly No specific Punishable with

showing showing provision, rigorous
pornography pornography IPC, 1860 imprisonment for
by a man to up to 3 years
a woman. imprisonment
and/or fine.

(Section 354A)

Protection Provided in Protection

against case of extended to
disclosure of rape, victims of repeat
identity of custodial offenders as
victim rape, rape well.
of a
judicially (228A Sub
separated

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 wife, abuse section-1)
of power to
obtain
consent.
Punishable
with
imprisonm
ent for up
to 2 years,
CCP, 1973

Identification of No specific Judicial

accused provision magistrate to
for special undertake special
procedures procedures to
to assist assist differently
differentiall abled persons in
y abled identification of
persons in the accused.
identificati Identification
on of process to be
accused, video graphed.
CCP, 1973.

Recording of No special In case of acid

information by requiremen attack, sexual
woman officer t for harassment,
woman disrobing,
officers to voyeurism,
record outraging a
information woman’s
about modesty, rape
sexual (of all kinds)
offence information
cases, CCP, would be

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 1973 recorded by
woman officer.

Recording of No special In case of VAW

information in requiremen like acid attack,
case victim is t, CCP, sexual
physically/ment 1973 harassment,
ally disabled disrobing,
voyeurism,
outraging a
woman’s
modesty, rape
information
would be
recorded by
woman officer at
a place of the
victim’s choice,
in the presence
of special
educators.
Required to be
video graphed.

Exception to Men below Applies to men

police’s power 15 years of below 15 or
to require age and above 65 years
attendance by women are of age; women
witnesses not and physically
required to and mentally
give disabled persons.
evidence at
a police
station.
Evidence to

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 be taken
from home,
CCP, 1973

Judicial No special Judicial

Magistrate to requiremen Magistrate to
record t in case of record statement
statement sexual of the victim
offences, immediately
CCP, 1973 after the police is
informed in case
of acid attack,
rape, sexual
harassment,
disrobing,
voyeurism etc. In
case the victim is
differently abled,
the assistance of
interpreters has
to be taken and
has to be video
graphed.

Examination of No special The statement

victim at trial protections recorded by the
stage to victims Judicial
of sexual Magistrate will
offences, be treated as the
CCP, 1973 evidence of the
victim presented
by the
prosecutor.
Protects the right
to be cross-

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 examined.

Protection No special In case the

against protections victim of rape or
confrontation of to victims a sexual offence
victim by of sexual is less than 18
accused offences, years of age care
CCP, 1973 has to be taken
that she is not
confronted by
the accused.

Requirement of Sanction is Requirement of

sanction to required to sanction
prosecute prosecute removed under
public servant public the CCP, 1973.
servants in Such
all cases, requirement may
including continue under
cases of other laws.
rape,
outraging a
woman’s
modesty,
CCP, 1973

Requirement of No such In case of rape of

satisfaction of requiremen a judicially
prima facie t, CCP, separated wife
facts in case of 1973 by her husband,
rape the court has to
be prima facie
satisfied of the
facts constituting
the offence

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 before it takes
cognizance.

Requirement to No Trial to be held

fast track requiremen on day- to-day
t to fast basis. In case of
track rape cases, trial
sexual to be completed
offence in 2 months of
cases, CCP, filing of charge
1973 sheet.

Compensation The State Compensation

governmen awarded by the
t has to State is in
prepare a addition to what
compensati is payable by the
on scheme accused.
for
rehabilitati
on of
victims.
The state or
district
legal
service
authority is
to make
compensati
on awards,
CCP, 1973

Previous sexual No specific Bars the use of

history provision past sexual
barring the history in

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 use of determining
previous consent of the
sexual victim. Bars
history in evidence or
rape cases, questions in the
IEA, 1872 cross-
examination of
the victim as to
the general
immoral
character of the
victim or past
sexual history
with any person.

Presumption of Required Shifts the onus

consent the victim on to the accused
of rape to to prove that
prove that consent was
she did not given.
consent,
IEA, 1872

Special No special Court to use the

provisions for provision, assistance of
evidence by IEA, 1872 interpreters to
differently take evidence of
abled persons differently abled
persons. Such
evidence to be
considered oral
evidence when
given in open
court. Statement
to be video

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 recorded.

Punishment for 7 years to 10 years to life

rape life imprisonment
imprisonm and fine.
ent and
fine,
PCSO,
2012

Gang rape of 10 years to 20 years to life

child life imprisonment
imprisonm and fine.
ent and
fine,
PCSO,
2012

Disrobing 3 years and 3 to 7 years

fine, imprisonment
PCSO, and fine.
2012

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Cover page picture source: India Today