ANALYSIS OF

CUSTODIAL RAPE LAWS

IN INDIA
Presented by
Parul
Roll no. 18104
 1. How women are sexually being violated in
custody?
2. What provisions and legal reforms have been
made in Indian Criminal Law for the offence of
Custodial Rape?
❑A person is said to be in custody when he/she is under the strict supervision and control of

another person or an institution who is said to be the custodian. The custodian has the

absolute power of control over the individuals, including their movement, freedom,

necessities like food and water, contact with the outside world, and so on. This relation of

control and dependence guides towards a strong duty of care and protection on the

custodian. But when these higher authorities start to take undue advantage of their position

and induce any female inmate of such institution to have sexual intercourse with him, it is

said to be ‘custodial rape’.

❑The concept of custodial rape applies to the superintendent of a jail, remand home, or other

places of custody established by law. However, this is also directed to the management or

staff of a hospital (government and private), mental health care institutions or rehabilitation

centers, juvenile homes and shelter homes.

❑Priya Sharan Maharaj alias Yadavendra Parashar v. State of Maharashtra

History Behind Anti Rape Laws
 National emergency The Mathura rape case led
Rameeza Bee in The nationwide anti-rape In the year 1980, when the
to Criminal Law
Matura rape Case
Andhra Pradesh campaign gained Supreme Court of India Amendment Act, 1983, a
In the late 1970s and (1972) new category called
momentum from public gave its verdict on the custodial rape was added
1980s, incidents of (1978) and Maya
outrage against such cases, Mathura Rape Case. The to the Indian Penal Code,
Tukaram and others 1860 i.e., Sections 376(2).
police torture in the Tyagi in Uttar Pradesh
demanding recognition of demand of the campaign The punishment for
vs. State of custodial rape by a public
form of custodial rape [ Sheo Kumar Gupta custodial rape as a distinct was to a retrial of the case
Maharashtra, AIR servant is at least 10 years
of women came to and Others vs. State of offence in law, which was and changes that should be and may extend to
1979 imprisonment for life with
light. U.P. more serious than rape. brought in the law of rape. fine.
 • Even if the FIR is registered,
Before 2013, Section 197 of the
Criminal Procedure Code required
the sanction of the central or state
government.
• However, the Criminal Law
(Amendment)Act, 2013 provided
that in cases where the public

Tempering of servant is alleged to have

committed Rape under Section 375

Evidence. CrPC, no sanction is required.

Political
Problem in
Pressure to
Registration of
suppress the
FIR.
Burden of Proof crime
 Expanded of the term ‘custody’ Increase in number of years of punishment
Custodial rape includes : The new legal reform in 1983 amendment enhanced
• Rape by police officers in the police station and the punishment, the prescribed punishment of custodial
victim in his custody;
rape increased as compared to rape by an ordinary
• Rape by a public servant on a woman in the public
servant’s custody; person, a minimum 10 years of rigorous imprisonment

• Rape by Army man in an area where the forces are which may extend to life & also fine.
deployed;
• Rape by management/staff in a jail, remand home,
women’s home and other places where women are
in custody.
• Rape by hospital staff where a woman is in
custody.
 Burden of proof Non-Registration of FIR
The Criminal Law (Amendment) Act, To solve the problem of non-registration of FIR at the

1983 introduced Section 114A in the Evidence Act, discretion of the police station & the failure to assist a rape
victim, the Criminal Law Amendment Act, 2013 recognized
1872 which states that if the sexual intercourse is
this as an offense under the Indian Penal Code, 1860. Section
proved and the victim states that it has happened
166-A was inserted in IPC which punished the public servant
without her consent, then the Court shall presume the
with rigorous imprisonment of a minimum of 6 months which
absence of such consent. The onus then lies upon the may extend up to 2 years and shall also be liable for fine in
perpetrator to prove that the sexual intercourse case they disobeyed the direction of law regulating conducting
happened with the consent of the woman. of investigation or if they fail to register an FIR concerning a
rape crime.
➢ A parliamentary panel in 2017 expressed concern over the high occurrences of custodial rape cases in Uttar
Pradesh, from where over 90 percent of such cases in the country were reported.
➢ The panel looked at data from 2015 in its report on “Women in Detention & Access to Justice” in which 95
cases were reported as custodial rape. Highest number of custodial rape cases were reported in Uttar Pradesh
(91), followed by two cases from Uttarakhand and one each from Andhra Pradesh and West Bengal.

Rape in By Police By Public By Member By By

Custody Personnel Servant of Armed Management Management
(Total) (Sec.376(2) (Sec.376(2) Forces / / Staff of
(a) (b) (Sec.376(2) Staff of Jail/ Hospital
(c) Remand (Sec.376(2)
Home/Place (e)
of Custody
(Sec.376(2)
(d)
29 7 9 0 7 6
 Cont….

Rape in By Police By Public By Member By By

Custody Personnel Servant of Armed Manageme Manageme
(Total) (Sec.376(2) (Sec.376(2) Forces nt/ nt/ Staff of
(a) (b) (Sec.376(2) Staff of Jail Hospital
(c) /Remand (Sec.376(2)
Home/Place (e)
of Custody
(Sec.376(2
) (d)
26 3 11 1 4 7
• Paramvir Singh Saini vs. Baljit Singh- SC mandated the installation of CCTV cameras in every
police station across the nation, including interrogation rooms.

• Need for stronger legislation that can ensure that position does not matter when it comes to
sexual violence. This will help the victims to complain fearlessly against the authorities.

• Placement of female constables in all police stations for making a safe and comfortable
environment.

• Human rights courts should be settled in every district.

 Conclusion
• Sexual violence has been a persistent and chronic social problem in India. The abuse of power by public authorities has

been a major concern. In custodial rape, the perpetrators are mostly people in authority. They are powerful and influence

the criminal justice system. They know that they will be able to get away with it, which leads to an increase in custodial

rape & Mathura rape was one turning point leading to reforms in rape laws in India.

• Many custodial rapes have not been reported because rapists are in authority. The victim experiences fear of rapists and

humiliation. It is hard to file a case against a public servant. If the case has been filed then the evidence would remain

within the public servants, so the evidence can be easily destroyed or either changed. The number of cases reported is

less because there is government pressure to show fewer crime rate statistics. Government should also provide facilities

for counselling for victims because they are suffering from traumatic situations.
Thank You