On the night of December 16, 2012, in the bustling city of Delhi, a horrifying incident unfolded on a moving bus, crossing all boundaries of human indecency. Six individuals took turns assaulting a female student, abandoning her and her friend by the roadside in a severe condition that led to her death days later.
This heart-wrenching case earned her the pseudonym 'Nirbhaya'. The tragic crime led to one culprit's suicide while four others were executed in March 2020. A juvenile, due to his age, served three years in correctional custody.
The Nirbhaya incident shook the nation to its core, sparking massive protests and compelling the government to amend laws. Strict penalties for sexual crimes were introduced. A decade has passed, yet statistics illustrate that, despite stringent laws, there has been no decline in rape cases, nor a rise in conviction rates in the country.
The National Crime Records Bureau (NCRB) reveals that annually, over 400,000 crimes against women are registered in India. These encompass not only rape but also molestation, dowry deaths, kidnapping, trafficking, and acid attacks.
The Laws Toughen, Yet Circumstances Remain Unchanged
On December 16, 2012, a young woman was gang-raped on a moving bus in Delhi, her death deeply unsettling the nation.
Following this, the laws witnessed significant overhauls, redefining rape to curb crimes against women. Previously, only forced or non-consensual relations fell under rape. Post-2013 reforms expanded this definition.
Furthermore, juvenile laws were revised, allowing those aged 16–18 who commit heinous crimes to be tried as adults. This change was driven by the fact that one of Nirbhaya's offenders was a juvenile, released after three years.
Moreover, capital punishment for rape leading to victim's death or coma was established.
Despite these reforms, improvements have been sluggish. Pre-2012, around 25,000 rape cases were reported yearly. Post-reforms, the figure surged past 30,000 annually. In 2013 alone, over 33,000 cases were reported; by 2016, it neared 39,000.
Source: aajtak
The Daunting Figures...
The figures regarding crimes against women are alarming. In 2012, 244,000 such cases were reported, escalating to over 445,000 by 2022—averaging over 1,200 cases daily.
Rape incidents have risen as well. NCRB data shows 24,923 cases reported in 2012, averaging 68 daily. By 2022, this rose to 31,516 cases—86 daily, equating to three every hour or one every 20 minutes.
Examining regions, Rajasthan reported the most rape cases in 2022 with 5,399 instances, followed by Uttar Pradesh at 3,690.
In most rape cases, the perpetrators are known to the victims, with statistics indicating over 96% of accused individuals being familiar with the victims.
In 2022, of 31,516 reported rape cases, suspects were known individuals in 30,514 cases. Among these, 2,324 were family members, while 14,582 were online friends, live-in partners, or individuals pretending engagement. The remaining 13,548 involved family friends, neighbors, or acquaintances.
Source: aajtak
The Conviction Rate in Rape Cases
Despite the horrifying figures, the conviction rate in rape cases lingers at 27-28%. Thus, in only about 27 out of 100 cases does the accused face conviction.
By the end of 2022, nearly 200,000 rape cases were pending in courts nationwide. During the year, roughly 18,500 cases went to trial, yielding convictions in only about 5,000, while over 12,000 cases saw acquittals.
In comparison, the UK boasts a rape conviction rate exceeding 60%, and Canada maintains a rate above 40%.
Legal expert Rebecca M. John highlighted to Reuters that Indian judges often hesitate to convict in rape cases, releasing suspects due to insufficient evidence instead of imposing even minimal sentences needed to establish guilt.
Despite provisions for capital punishment in rape cases, only five perpetrators have been executed over 24 years. Dhananjoy Chatterjee, in 2004, was executed for a 1990 rape case. March 2020 saw the execution of four convicts from the Nirbhaya case—Mukesh, Vinay, Pawan, and Akshay—in Tihar Jail.
Source: aajtak
The Legal Framework for Crimes Against Women
New criminal laws have recently been enacted, replacing the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS).
Under IPC, Section 375 defined rape, while Section 376 prescribed punishment. BNS incorporates these under Sections 63-70 for rape and related penalties. Both codes propose up to 10 years imprisonment for rape convictions.
BNS imposes stricter penalties for rapes involving minors, mandating at least 20 years imprisonment for offenders against girls under 16, extendable to life imprisonment.
Under BNS, if a child below 12 faces rape, the offender risks 20 years to life imprisonment, ensuring they remain incarcerated for life. Convictions may also lead to death sentences or fines.
For gang rape, sentences range from 20 years to life imprisonment, with fines imposed. Under BNS Section 70(2), confirmed minors in gang rape are sentenced to life imprisonment or potentially death, with additional financial penalties.
Under BNS Section 66, if a rape victim dies or enters a coma, the minimum sentence is 20 years, potentially extendable to life or death sentences.
BNS introduces Section 69, punishing individuals with 10 years imprisonment for false promises of marriage, employment, or promotions to initiate sexual relations, alongside fines. Misleading marriages invite similar penalties.
Source: aajtak
POCSO Act for Minors
Following Nirbhaya's case in 2012, the Protection of Children from Sexual Offenses Act (POCSO) was introduced to safeguard minor victims of sexual violence. Enacted in 2012, it defines abuse against underage youths.
This law applies to both boys and girls under 18, aiming to shield them from sexual misconduct and pornography-related offenses. It prescribes severe penalties for crimes against minors.
Originally devoid of capital punishment, POCSO was amended in 2019 to include such provisions. Life sentences under POCSO ensure perpetuity in jail for convicts, aligning with broader penalties.
According to NCRB, approximately 54,000 POCSO cases were filed nationwide in 2021, surpassing the 47,000 cases logged in 2020. From 2017-2021, over 220,000 cases were recorded.
Nonetheless, POCSO conviction rates are low. In five years, 61,117 accused faced trials, with only 21,070—about 35%—convicted, the rest acquitted.
