Question Discussion & Solution

The correct answer is Gang rape of a girl below 16 years of age.

Key Points 

• 376 DA: PUNISHMENT FOR GANG RAPE ON WOMAN UNDER SIXTEEN YEARS OF AGE
  • Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
  • Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
  • Provided further that any fine imposed under this section shall be paid to the victim.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.

The correct answer is Punishment shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

• Under Section 370, whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

​ Important 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.

The correct answer is Minimum of 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.

• This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry.
• The punishment could be imprisonment for a minimum of 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.

• The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain states.
• This Act may be called the Dowry Prohibition Act, 1961.
• It extends to the whole of India except the State of Jammu and Kashmir.
• It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

The correct answer is Cognizable and Non-bailable.

• ​The offence under The Child Marriage Restraint Act 1929 is Cognizable and Non-bailable.

• IPC Sections	Offence/Crime	Nature of offence and punishment
  Laws Protecting Women & Children -The Child Marriage Restraint Act 1929	"Child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age ; "Child marriage" means a marriage in which either the bride or bridegroom is a child,	Offences under this Act are punishable with up to 3 years of imprisonment coupled with a Fine. All offences under this Act are cognizable, non-bailable and triable by a First Class Magistrate.

  
  Note:

• Non-Bailable offence - Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
  • Cognizable offence - A police Officer may arrest the accused without a warrant.
  • Non-Compoundable offence - Parties associated with the case cannot settle the case out of court and decide not to prosecute

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.