Indian penal code IPC 233
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| IPC 233 Indian Penal Code |
A latest news went viral on social media about a new Anti-rape law being passed named Indian penal code 233 or IPC 233 which stated as the following :-
“A new law has been passed and under section Indian penal code 233, if a girl is suspected to be raped or getting raped, she has a right to kill the man, injure his sexual organ or harm the person within ipc 233. In such a situation, the girl would not be charged with murder.”
And the original message was:-
“If a girl is suspected to be raped or gettin raped , then she has the supreme ryt to kill the man, injure his sexual part or harm that person as dangerously under ipc 233 by modi govt.. that girl wont be blamed fr murder ........tell as many as u can .. its your power .. create awareness .... Finally…”
This clearly doesn’t sound like a statement from Supreme Court, right? To add, one of the Supreme Court lawyer stated the following about Indian Penal Code 233:
“The act of rape is punishable under the IPC section 376, not under IPC 233 and punishment starts from 10 years to life imprisonment. There is no bill in the parliament about any amendments to the laws relating to rape currently. However, in certain cases judges have increased life imprisonment and have ordered that the accused will live and die in jail.”
There is no word of IPC 233! Adding to the following, he also said-
“The existing laws in the country are good enough if the prosecution can establish that there was a case of rape. We just need an active and efficient investigation agency, a brilliant prosecution and a dispassionate judge to decide based on facts presented. Further, under the current judicial system and based on the various statutes of the IPC, judges have the power to order that the sentence cannot be reduced and there will be no commutation of imprisonment.”
Answer to Hoax or Truth about Indian Penal Code 233
So this has been declared a False statement being viral all around on social media like whatsapp and facebook. So far, the real accused of the false statement is out of reach, but the main question is, “What is IPC 233 or Indian Penal Code 233” and “What is the anti-rape law then?”
We have got all answers as you go through this article. Just make sure you spread to your friends that this is indeed a hoax. But before that, have a look at something really interesting!
Gun For Indian Women
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| Nirbheek Gun named after Nirbhaya |
Nirbheek (Nirbhaya) - A 500gm Gun worth 1.22 lakhs for Women is out now! India has launched a new handgun for women, named after a student who was gang-raped in Delhi in December 2012 and later died of her injuries. Officials say it will help women defend themselves, but critics say it's an insult to the victim's memory. Let's see how far it can beat IPC 233 then?
Coming back to the original topic, let’s have a look at the answers-
What is IPC 233 or the Indian penal code 233?
Central Government Act,
Section 233 in the Indian Penal Code
Real Indian Penal Code 233 states as:
“Making or selling instrument for counterfeiting coin.—Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”
So now you know what exactly is Indian Penal Code 233. If IPC 233 is not anti-rape, then what is? Let's have a look at it.
The Real Anti-Rape laws
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| Real Indian Penal Code 233 is alot different that the Hoax |
IPC Section 375
It states definition of Rape and IPC Section 376 states the Punishment of rape. IPC 233 is completely irrelevant.
IPC Section 375
It states definition of Rape. The new definition of rape was amended on Jan 1, 2013.
Old Rape Definition
“Sexual intercourse with a woman against her will is called rape.”
New definition as per January 1, 2013
“Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
IPC Section 376
It states punishment for rape as follows
The punishment for committing rape is generally decided under rape laws - IPC section 376, punishing with a maximum sentence of life imprisonment and a minimum of seven years, where the rape accused is also liable to fine unless the woman raped is his wife and is not under twelve years of age. So, you see, no IPC 233 yet!
Additional Laws of Self defense
There are other laws as well which explains the Private Defense. But an important requirement goes as follows for the laws below:
“The right of private defence is only available when there is a reasonable apprehension of receiving injury/sexual assault. Also, the victim needs to provide the necessary evidence of sexual assault/rape either by herself or from the witnesses.”
IPC Section 79
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.
IPC Section 96
Things done in private defence.—Nothing is an offence which is done in the exercise of the right of private defence.
IPC Section 97
Right of private defense of the body and of property.—Every person has a right, subject to the restrictions contained in section 99.
IPC Section 100
When the right of private defense of the body extends to causing death.
But wait, there’s another law that explains when the Right of self defense is not applicable!
IPC Section 99
There is no right of private defense against an act which does not reasonably cause the apprehension of death or of grievous hurt.
Summary of Additional laws applicable to Woman
According to the IPC section 100, about Private Defence, a person/woman has a right to defend his/her body when there is a physical assault, with the intention of committing rape or gratifying unnatural lust. And according to section 96, nothing is an offence which is done in the exercise of the right of private defence. In cases of sexual assault, the right of private defence of one's body can extend to the voluntary causing of death or of any other harm to the assailant. But it is important to note that:
The right of private defence is only available when there is a reasonable apprehension of receiving injury/sexual assault. Also, the victim needs to provide the necessary evidence of sexual assault/rape either by herself or from the witnesses.
The conclusion is that when a woman is attacked and physically assaulted by a man with an intention of rape or lust, the woman has every right to defend herself (not under IPC 233 ofcourse). She can go to any extent to protect herself from the danger, she won't be blamed or accused for murder - she will only need to prove the sexual assault. Moreover, according to IPC section 97, during the assault, any person associated with the woman also has the legal right to defend her body and fight/kill the assailant.
So next time someone passes the message of new anti-rape law IPC 233 , or says Indian Penal Code 233 has arrived as the savior, slap him with all the LAWS! Share the info now to let everyone know.Labels: Forensic medicine, INDIAN PENAL CODE, Must know, Second year MBBS