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The Criminal Law (Amendment) Act, 2018 (No. 22 of 2018) [1] Status: In force The Section 228A of the Indian Penal Code was inserted into the Indian Penal Code 1860 by the Criminal Law amendment Act 1983 by the Parliament of India to prevent social victimization or ostracism of the victim of a sexual offence . [ 2 ]
Goa Children's Act, 2003, [12] was the only specific piece of child abuse legislation before the 2012 Act. Child sexual abuse was prosecuted under the following sections of the Indian Penal Code: I.P.C. (1860) 375- Rape; I.P.C. (1860) 354- Outraging the modesty of a woman; I.P.C. (1860) 377- Unnatural offences
The Criminal Law (Amendment) Act, 2013 (popularly known as Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
For the first time in Indian law, the Act defines "domestic violence", with the definition being broad and including not only physical violence, but also other forms of violence such as emotional, verbal, sexual and psychological abuse. [1] It is a civil law meant primarily for protection orders, rather than criminal enforcement.
In August 2022, Spain passed a revolutionary "only yes means yes" sexual consent law which expanded the legal definition of sexual assault in Spain to being also sexual-related conduct without consent and now required that consent must be affirmative and cannot be assumed to have been given by default or silence.
The other section of Indian Penal code which deal with obscenity are 292 and 293. The law does not clearly define what would constitute an obscene act, but it would enter the domain of the state only when it takes place in a public place to the annoyance of others.
Rape is the fourth most common crime against women in India. [1] [2] According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. [3]
The Rupan Deol Bajaj case or Rupan Deol Bajaj vs KPS Gill case was one of the most publicized, high-profile legal cases in India and remained in the media limelight for many years. In this high-profile case, KPS Gill , at the time Director General of Police , Punjab , was held guilty of the charges of molestation.