5 Things You Didn’t Know About Law on Rape

The two heinous gang rapes of dalit women in Hathras and Balrampur, Uttar Pradesh, has raised a lot of questions regarding laws and protections available to women in the country, especially those belonging to lower castes. Here are five things you need to know about the law relating to the crime of rape

1.Punishment for Gang Rape is much higher than rape committed by one person

Gang rape, where a woman is raped at the same time by a group of people, is seen as a graver offence by the Indian Penal Code. Each of them will be punished for committing the crime. The punishment is rigorous imprisonment of between 20 years and life imprisonment.

2. Death Resulting from Rape

During rape if the woman is injured to such an extent that cause her death or leaves her in a persistent vegitate state, the accused can be punished either with the death penalty or imprisonment anywhere between 20 years to life. 

3. Complaining about Rape to the Police

You can either call the helpline number 1091 to report a crime of rape or report it directly to the police. Anyone can do this, it does not necessarily have to be the victim. However, it is important to note that a woman cannot be forced to make a statement. 

When the statement is being recorded, it must be done by the police either at the victim’s house or any other place of her choice. Presence of a female police official and a family member/social worker is a must while the recording of the statement. This is to ensure that the setting under which a victim is giving her statement is not intimidating and can do so without hesitation. 

4. Protections for SC/ST women

Some protections are available to women belonging to lower castes under a special law called Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. 

It is a crime to sexually touch a woman belonging to a Scheduled Caste or Scheduled Tribe without her consent. It is also a crime to sexually harass an SC/ST woman. If such a crime takes place, the law explicitly provides that the woman’s past history and actions shall not be used to mitigate the crime and not affect the outcome of the case in any way.

5. Monetary Compensation to Victims by the State

Victims of violence including rape can be given compensation from the State under Sec 375 of the Code of Criminal Procedure for the loss or injury occurred because of the crime. Victim Compensations Schemes are set up by the State governments in coordination with the Central government that monitor the administration of this fund. Once an order is made by the court for compensation, the quantum of it is decided by the District Legal Services Authority or State Legal Services Authority.