New Delhi, March 19
The Lok Sabha today passed a powerful anti-rape Bill that expands the definition of the crime beyond peno vaginal penetration and prescribes stricter penalties up to death for grave sexual assault.

Causing death or persistent vegetative state of the woman following rape will now be punishable with 20 years rigorous imprisonment going up to death. Gang rape will invite not less than 20 years RI extending up to life imprisonment. All repeat offenders of rape will face imprisonment in jail for the rest of their natural life and even death.

Aggravated sexual assault (by persons in positions of authority such as armed forces, police, hospital staff, relatives at home and remand home in charges) has been specifically defined and will be punishable with not less than 10 years RI up to the rest of life of the accused. Section 376 IPC has been amended to include new Sections like the one on repeat offenders (Section 376E).

The age of consensual sex in the Bill has been fixed at 18 years and not 16 as was proposed in the Ordinance which the Bill seeks to replace. But the government will invoke provisions of the Juvenile Justice Act to ensure 16 to 18 year olds are not criminalised for consensual sex.

Marital rape is not an offence in the Bill though proposed by Justice Verma committee. However, for the first time, the Criminal Law Amendment Bill 2013 also recognises a range of new offences — acid attacks, stalking, voyeurism, disrobing and trafficking for organ trade, sexual exploitation or servitude.

Two new sections have been added to 326 IPC (grievous hurt) to address acid attacks — Section 326 A which says anyone causing grievous hurt by throwing acid on a woman will face minimum 10 years RI up to life imprisonment and Section 326 B which says attempted throwing will be punished with a minimum of five years in jail and a maximum of seven.

In both, victims will be entitled to fine enough to meet medical expenses. The IPC has further been amended to give victims of acid attacks a right to self defence. On killing the perpetrator, a victim can plead self defence in court as in murder and rape cases.

Section 354, IPC, stands vastly amended with new offences to make unwelcome physical advances, stalking, voyeurism and disrobing punishable. To ensure safeguards, these offences will be bailable in the first instance and punishable with one year up to three. These clauses were diluted by the Government following pressure from the SP, the BSP, the JDU and the RJD which argued that the new provisions can be misused against men specially politicians.

“We have all been stalkers at some time in life,” said JDU’s Sharad Yadav while SP’s Mulayam Singh said: “The new law is unnecessary and anti-men. It places us all at the mercy of policemen.” The Criminal Law Amendment Bill (to amend the IPC, Evidence Act and Code of Criminal Procedure in respect of rape) provides two new IPC offences - trafficking and employment of trafficked persons. Consent of victims will be immaterial in trafficking and trafficking of minors will be punished with not less than 14 years up to life imprisonment. Employers of trafficked minors can face five to seven years RI and police personnel complicit in these crimes can be jailed for life.