Question Discussion & Solution

The correct answer is Punishment is imprisonment for Natural life and shall also be liable to fine.

• Under Section 370,
  • When a public servant or a police officer is involved in the trafficking of any person then, such public servant or a police officer shall be punished with imprisonment for the life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Key Points

• Section 370 -
  • ​Trafficking means - whoever, for the purpose of exploitation, a. recruits b. transports c.harbours, d.transfers, or e. receives, a person or persons, by-
    • ​using threats,
    • using force, or any other form of coercion,
    • by abduction,
    • by practising fraud, or deception,
    • by abuse of power,
    • by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, harboured, transported, transferred, or received, commits the offence of trafficking. 
• The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation or practices similar to slavery, servitude, or the forced removal of organs.
• The consent of the victim is immaterial in the determination of the offence of trafficking.

Additional Information

• Trafficking of person: 7 to 10 years + Fine.
• Trafficking of more than one person: 10 years to Life + Fine.
• Trafficking of minor: 10 years to Life + Fine.
• Trafficking of more than one minor: 14 years to Life + Fine.
• A person convicted of the offence of trafficking of minor on more than one occasion: Imprisonment for Natural Life + Fine.
• A public servant or a police officer involved in trafficking of minor: Imprisonment for Natural Life + Fine.

IPC Section 375 is NOT correct.

• Section 375 in the Indian Penal Code (Rape):
  • A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:
    • (i) Against her will.
    • (ii) Without her consent.
    • (iii) With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
    • (iv) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
    • (v) With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
    • (vi) With or without her consent, when she is under sixteen years of age.

Additional Information

• Section 370: Amendments and advocacy to prevent the conflation of trafficking and sex work.
• Section 372: Selling minor for purposes of prostitution, etc.
• Section 373: Buying minor for purposes of prostitution, etc.

The correct answer is 1987.

• Sati (Prevention) Act:
  • An act to provide for more effective prevention of the commission of Sati.
  • Sati (Prevention) Act, 1987 is the law enacted by the  Government of Rajasthan in 1987 for the prevention of the Sati System in India.
  • It became an act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988.
  • It extends to the whole of India except the State of Jammu & Kashmir.
  • At present, there are only three laws in force:
    • Rajasthan Sati (Prevention) Act,1987.
    • Bengal Sati Regulation, 1829 ( Bengal Regulation XVII of 1829).
    • Tamil Nadu Sati Regulation, 1830 (Tamil Nadu Regulation I of 1830).
  • The abetment of Sati will be punishable with death or imprisonment for life and also liable to fine.
  • It is punishable with a minimum imprisonment of one year which may extend to seven years and with a minimum fine of 5000 rupees which extend to 30,000 rupees.

​ Additional Information

• Meaning of Sati is the Burning or Burying alive of Widows or Women whose Husband got died.
• This comes under the Ministry of Women and Child Development.

The correct answer is 1999.

• One of the basic aims of the Rajasthan State Commission for Women (RSCW) is to bring marginalized women into the mainstream.
• RSCW was set up a statutory body on May 15, 1999 under The Rajasthan State Commission for Women Act, 1999.

Key Points

• Objectives:
  • To redress the grievances of the suffering women across the State of Rajasthan.
  • To safeguard the interests of women across the State.
  • To review prevailing laws concerning women and to request the government to make amendments for women to get justice.
  • To recommend remedial legislative measures.
  • To advise the Government of Rajasthan on all Policy matters affecting women.
  • Detailed functions of the Rajasthan State Commission for Women are elaborated under Section 11 of the RSCW Act, 1999.

Additional Information

• A brief of these functions is provided below:
  • Functions of RSCW:
    • To investigate and analyse all unjustified acts committed against women and to request the government to take action.
    • To take steps to make the existing laws more effective and ensure their implementation.
    • To review existing laws and recommend amendments.
    • To prevent any discrimination against women in state public services and state public enterprises.
    • To take steps to alleviate the condition of women by suggesting practical welfare schemes, appealing to the government to provide equal opportunities.
    • Appealing to the government to take strict action against any public servant found by the commission to be working against the interests of women.
    • To submit Annual/ Special Reports to Govt. with its recommendations.

The correct answer is Imprisonment up to 2 years and a fine of up to two thousand rupees.

Key Points

• Punishment for advertisements containing indecent representation of women and publication or sending by post of books, pamphlets, etc. is provided in section 6 of this act.
• For 1st time offenders: it is Imprisonment for up to 2 years or a fine of up to two thousand rupees or both.
• For repeat offenders: Imprisonment up to 5 years and fine of minimum 10,000 rupees which may go up to 1 Lakh.