Section 42 of this Act was amended in order to declare that if the offence was committed under the POCSO Act and the same offence is also punishable under provisions related top 5 criminal lawyers in bangalore to sexual offences in the Indian Penal Code, the offender shall be given the punishment under this Act or the Indian Penal Code, which provides graver punishment for such an offence.
Points of difference between the recommendations of the Committee and the changes made under the Criminal Law (Amendment) Act, 2013
The Committee does not recommend the punishment of a “death sentence” for the culprits of sexual offences like rape, gang rape, etc., as in their view, it has failed to have a deterrent effect on society. Whereas the Act provided the punishment of “death sentence” in serious forms of rape like causing the death of the victim or causing the victim to fall into a vegetative state and for repeat offenders.
The Committee recommended the criminalisation of “marital rape”, that is, sexual intercourse by the husband with the wife without her consent. But the Criminal Law Amendment Act of 2013 does not criminalise it.
The Criminal Law (Amendment) Act, 2013 rejects the proposal of the Committee which prescribes that candidates facing charges for sexual offences should be barred from contesting elections.
The Committee has also recommended that the senior officials of the police and army should be held liable for the sexual offences committed by their juniors, which was also rejected by the Criminal Law (Amendment) Act, 2013.
The Committee advised making provisions for sexual assaults committed against males, transgenders or homosexuals, but it was not included in the Amendment Act.
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