Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the case of Ravi Bhushan Upadhyay v. The State held that Courts cannot be used as matrimonial facilitators for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases.

Background

• On 30^th June 2023, the Complainant had got the First Information Report (FIR) registered under Section 376 of Indian Penal Code, 1860 (IPC) and gave a statement against the accused that sexual relations were made on false pretext of marriage, which was also reiterated in her statement recorded before the Magistrate.
• On 28^th August 2023, the complainant appeared before the Court of Additional Sessions Judge and stated that she wanted the accused to be released on bail, as both of them wanted to get married but the bail was denied.
• Thereafter, the accused approached the Delhi High Court with a similar plea and the complainant appeared before this Court and has stated that now she no longer wishes to oppose the bail application and stated that the accused be granted bail.
• The High Court denied the bail application.

Court’s Observations

• Justice Swarna Kanta Sharma observed that courts cannot be used as matrimonial facilitators for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. It was also observed that courts cannot be used by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.
• The Court further observed that it was nothing short of taking the judicial system and the investigating agency for a ride by both the parties through their conduct and the judicial system cannot be used to settle scores between the parties or to pressurize any party to act in a particular manner to reach one’s goal.

Legal Provisions

Section 376, IPC

• Section 376 deals with the punishment for rape.
  • Section 375 of IPC defines rape, and it includes all forms of sexual assault involving non-consensual intercourse with a woman.
  • This provision, however, lays down two exceptions as well. Apart from decriminalizing marital rape, it mentions that medical procedures or interventions shall not constitute rape.
• The punishment for committing rape is rigorous imprisonment for ten years which may extend to life Imprisonment and a fine.
• The offence under section 376 IPC is non-bailable and cognizable.
• By virtue of Criminal Amendment Act, 2013, the following amendments were made in Section 376 of IPC.
  • Section 376A was inserted which states that if a person has committed the offence of rape, which resulted in her death, or being in a vegetative state or injured, then he shall be punished with imprisonment of 20 years, which may extend to Life imprisonment.
  • Section 376B was inserted and as per this section if a husband is guilty of raping his wife after their separation, he will be imprisoned for 2 to 7 years and a fine.
  • Section 376C was inserted which states that if a person in any authority commits rape, then the person will be punished with imprisonment of a minimum of five years, which may extend to 10 years and a fine.
  • Section 376D was inserted which provides for punishment for gang rape is 20 years which may extend to life Imprisonment.
  • Insertion of Section 376E states that second convictions for rape will lead to Life Imprisonment.
• The following amendments were made in Section 376 by virtue of the Criminal Amendment Act, 2018.
  • The minimum punishment for rape of a woman was increased from 7 years to 10 years.
  • Rape of a girl below the age of 16 years will carry the minimum punishment of 20 years, which can be extended to life imprisonment.
  • Section 376AB was inserted, which states that rape of a girl below the age of 12 years will carry the minimum punishment of 20 years, which can be extended to life imprisonment or death penalty.
  • Section 376DA was inserted, which states that in case of gang rape of a girl under the age of 16 years, the punishment will be of a life sentence.
  • Section 376 DB states that in case of gang rape of a girl below the age of 12 years, the punishment will be life sentence or death.

Case Laws

• In Vijay Jadhav v. State of Maharashtra and Anr. (The shakti mills Rape Case) (2013), the Bombay High Court declared Section 376E of the IPC, as constitutionally valid.
• In Mukesh & Anr. v. State for NCT of Delhi & Ors. (The Nirbhaya Case) (2017), the Supreme Court upheld the death penalty awarded to the accused and stated that the case fell under the “rarest of rare” category. This incident brought the 2013 criminal law amendment.