Section 228A of the Indian Penal Code | |
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Parliament of India | |
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Citation | Act No 43 of 1983 |
Territorial extent | Republic of India |
Enacted by | Parliament of India |
Legislative history | |
Bill title | Criminal Law Amendment Act, 1983 |
Amended by | |
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] The law provides for up to two years imprisonment with or without fine for those who reveal the identity of victims of sexual abuse in public. The law has been amended subsequently to add more sections of the Indian Penal Code under its purview. [1]
The criminal Law Amendment, 1983 was enacted by the Parliament of India as a consequence of Mathura rape case which happened in 1972. [3]
228A. Disclosure of identity of the victim of certain offences etc. [4]
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. Someone who carries out an act of theft may be described as a "thief".
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is awarded only in the 'rarest of cases'.
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.
Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.
The Pakistan Penal Code, abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal Code. After the independence in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant, for example in Indonesia.
The ages of consent vary by jurisdiction across Europe. The ages of consent are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18) and Vatican City (18), do not fit into this pattern. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference, provided the older one is not in a position of power, a relative, or is committing another form of exploitation. In some jurisdictions, including Italy and Hungary, there are exemptions if the age difference is within prescribed bounds. All jurisdictions in Europe have equal and gender-neutral age limits.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The specific activity engaged in or the gender of its participants can also affect this age and the legality of sexual activity. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another person who is also at or above that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are stated when relevant.
Prevention of Money Laundering Act, 2002 is an Act of the Parliament of India enacted by the NDA government to prevent money-laundering and to provide for confiscation of property derived from money-laundering. PMLA and the Rules notified there under came into force with effect from July 1, 2005. The Act and Rules notified there under impose obligation on banking companies, financial institutions and intermediaries to verify identity of clients, maintain records and furnish information in prescribed form to Financial Intelligence Unit - India (FIU-IND).
The Prevention of Corruption Act, 1988 is an Act of the Parliament of India enacted to combat corruption in government agencies and public sector businesses in India.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
The Criminal Law (Amendment) Act, 2013 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. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.
Section 309 of the Indian Penal Code criminalises attempted suicide as well as suicide assistance.
The Section 326 B in the Indian Penal Code lays down the punishment for attempted acid attacks. The minimum punishment is 5 years' imprisonment. It can extend up to 7 years' imprisonment with fine. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences. Such a legislation in line with the laws in other countries like Bangladesh was demanded by various sections of the society for a long time.
The Section 326 A in the Indian Penal Code lays down the punishment for acid attacks. The minimum punishment is 10 years' imprisonment. It can extend up to life imprisonment with fine. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences. Such a legislation in line with the laws in other countries like Bangladesh was demanded by various sections of the society for a long time.
Section 294 of the Indian Penal Code lays down the punishment for obscene acts or words in public. The other sections 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. Temple art or nakedness of sadhus are traditionally outside the purview of this section.
Om Prakash v. State of U.P is a landmark case decided by a two-judge bench of the Supreme court of India, which held that committing a rape on a woman "knowing her to be pregnant" is only convictable if it is proven that she is pregnant, otherwise the accused would be convicted for rape only.
Adultery was a criminal offence under Chapter XX of the Indian Penal Code until it was quashed by the Supreme Court of India on 27 September 2018 as unconstitutional. The law dated from 1860. Under Section 497 of the Indian Penal Code, which was the section dealing with adultery, a man who had consensual sexual intercourse with the wife of another man without that husband's consent or connivance could have been punished for this offence with up to five years imprisonment, a fine or both. As such, the concept of adultery targeted the act of sexual intercourse occurring between a married woman and a man other than her husband, in which case the man would be guilty whereas the wife was exempt from punishment. When a married man had sexual intercourse with an unmarried woman, no party was punishable; while if a married man had sexual intercourse with a married woman other than his wife, the married man's crime was against the husband of that married woman, not against the man's own wife towards whom he had been unfaithful. Adultery was only prosecutable upon the complaint of the aggrieved husband.
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.