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Question

'B' is a woman travelling in a train. A strange man enters her compartment and tries to rape her. 'B' always carries around her pocket knife. She uses this to stab the man and get away from him. Both of them are then interrogated by the police about the incident.

Which of them would be punishable under the Indian Penal Code?

A
'B'
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B
The Strange man
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C
Both of them
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D
Neither of them
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Solution

The correct option is B The Strange man
The strange man would be punished under the Indian Penal code. Sexual assault and rape is a very serious charge and is morally wrong. 'B' would not be punished by the government as she stabbed the man to save herself. This would be seen as an act of defence. The central government passed the Criminal Legal Amendment Act, or the Nirbhaya Act, 2013. It was implemented on 3rd Apr 2013. The following are some of the Important features of the act:
  1. Minimum 20 years of imprisonment
  2. Recruitment of women police to address complaints from the victims
  3. Not necessary to appear before the police individually
  4. No punishment if the accused dies during struggle at the time of attack with acid on women
  5. Scope to shoot video at the time of trial and registering of complaint

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