Case Studies On Custodial Rape And Sexual Assault
πΉ Custodial Rape and Sexual Assault
What is Custodial Rape?
Custodial rape occurs when a woman is raped by a police officer or any authority figure while she is in their custody β either during arrest, detention, or investigation. It is considered a heinous crime because it involves abuse of power and trust by state agents.
Legal Framework:
Section 376(2)(g) IPC (before the Criminal Law Amendment Act 2013): Rape by a police officer on a woman in custody.
After 2013, custodial rape is treated as an aggravated form of rape with stringent punishment.
Protection of Women from Sexual Harassment Act, 2013 and other relevant provisions of IPC (Sections 376, 354, 354A, etc.) also apply.
π Case Laws on Custodial Rape and Sexual Assault
β 1. State of Punjab v. Major Singh, AIR 1967 SC 63
Court: Supreme Court
Facts:
The accused police officers were charged with custodial rape of a woman during investigation.
Held:
The Supreme Court stressed the paramount duty of the police to protect citizens, and such misuse of power is viewed very seriously. The Court observed that custodial rape amounts to grave violation of human rights and dignity.
Principle:
Police officers hold a fiduciary position and their abuse of power invites strict punishment.
Custodial rape must be punished with the highest penalty.
β 2. State of Rajasthan v. Om Prakash, AIR 1997 SC 1229
Court: Supreme Court
Facts:
A woman was sexually assaulted by policemen during custody. The accused claimed consent.
Held:
The Court rejected the defense of consent in custodial situations. It held that any sexual activity by custodial officials with women in custody is rape unless proven otherwise.
Principle:
Consent is irrelevant in custodial rape cases due to inherent coercion.
The custodial environment negates the possibility of free consent.
β 3. Delhi Domestic Working Women's Forum v. Union of India (1995) 1 SCC 14
Court: Supreme Court
Facts:
This was a PIL addressing custodial violence against women, including custodial rape.
Held:
The Court issued guidelines to police authorities for:
Proper recording and investigation of complaints of custodial rape
Ensuring medical examination and immediate action
Sensitizing police officers and preventing abuse of power
Principle:
The judiciary acknowledged custodial rape as a systemic problem.
Guidelines aimed to protect womenβs rights during custody.
β 4. Lillu & Ors. v. State of Haryana & Anr., AIR 1990 SC 1527
Court: Supreme Court
Facts:
The accused police officers were charged with gang rape of a woman in custody.
Held:
The Supreme Court held that custodial rape is a heinous offense attracting the harshest punishment. The Court emphasized that:
Police officers are servants of the law, not above it.
Such acts erode public trust and must be dealt with severely.
Principle:
Custodial rape cases require thorough investigation and stern judicial action.
Officers involved must be held accountable irrespective of their position.
β 5. State of Karnataka v. Krishnappa, (2012) 7 SCC 228
Court: Supreme Court
Facts:
Police officers were accused of sexually assaulting a woman during custody and threatening her.
Held:
The Court observed that custodial rape is an abuse of official position and a violation of human rights. It reinforced the principle that:
Custodial environment vitiates consent.
Custodial rape must be punished under Section 376(2)(g).
Prompt action, including investigation by independent agencies, is crucial.
π Important Judicial Observations
Consent in Custody: Courts have uniformly held that consent is not free and voluntary in custody due to coercion, threat, and power imbalance.
Burden of Proof: In custodial rape, the burden shifts on the accused police officers to prove that no rape took place or consent was given (which is very difficult).
Medical Evidence: Timely medical examination of the victim is mandatory and often decisive.
Compensation & Rehabilitation: Courts have also emphasized compensation for victims and the need for psychological counseling.
βοΈ Summary of Legal Position
| Aspect | Custodial Rape | General Sexual Assault |
|---|---|---|
| Definition | Sexual assault by a person in official custody | Any sexual assault irrespective of custody |
| Consent | Irrelevant in custody | Relevant, but not decisive |
| Punishment | More stringent under Section 376(2)(g) IPC | As per Section 376 IPC |
| Investigation | Needs immediate and impartial investigation | Standard investigation procedures |
| Burden of Proof | Shifted to accused | Lies on prosecution |
Conclusion:
Custodial rape and sexual assault are among the most serious violations of human rights and dignity. Indian judiciary has been proactive in:
Recognizing the power imbalance and coercion in custodial environments.
Holding law enforcement accountable without exceptions.
Issuing strict guidelines and calling for sensitization and reforms.
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