Journal of Indian Academy of Forensic Medicine
  • Year: 2016
  • Volume: 38
  • Issue: 1

New Section 375 Indian Penal Code (IPC) Confusion and Controversies

1Prof & Head, Dept. of Forensic Medicine and Toxicology, R. D. Gardi Medical College, Ujjain (M.P.)

2Additional Prof, Dept. of FMT, AIIMS, Raipur-492099, Chhattisgarh

*Corresponding Author: E-mail: bdgujn@yahoo.com

Online published on 29 April, 2016.

Abstract

The 2012 Delhi gang rape of a college student, infamously referred to as the Nirbhaya incident has forced the law makers of the country to sit up and make long-pending amendments to the sections of the Indian Penal Code (IPC) that deal with sexual violations. The result was that the Criminal Law Amendment Act was passed in 2013 in which the existing Section 375 of the IPC has been revamped and a new section substituted in its place.

This paper compares certain aspects (few) of the old Sec 375 IPC and new Sec 375 IPC. It also deals with the controversies and confusion arising out of the new IPC 375 and existing IPC 377. It neither reviews the whole criminal amendments Act 2013 nor does it review all aspects of IPC 375. This paper also deals with a situation (third person) where the new IPC 375 is silent.

Keywords

IPC 375 New, IPC 375 Old, IPC 377, Difficulties in interpretation