The Bombay high court has made a landmark decision by convicting Tarun Tejpal for rape and sexual harassment, applying three specific sections of the Indian Penal Code related to abuses of power.
PANAJI: The Bombay high court on Thursday convicted former Tehelka editor-in-chief Tarun Tejpal under three provisions of the Indian Penal Code (IPC) for raping a colleague in 2013, setting aside his acquittal by a Goa sessions court five years ago.Tejpal was convicted under Sections 376 (2)(f) (person who is a guardian or in a position of trust or authority rapes a woman), 354-A (sexual harassment) and 354-B (using criminal force on a woman with an intent to disrobe her) of the IPC.
- Section 376(2)(f) of the IPC applies when a person in a position of trust, authority or a guardian/relative commits rape.
- Section 354-A IPC penalises sexual harassment committed by a man and covers unwelcome physical contact, demands for sexual favours, showing pornography without consent and making sexually coloured remarks.
- Section 354-B of the IPC penalises any man who assaults, uses criminal force or abets such an act against a woman with the intent to disrobe her or compel her to be naked.
The ambit of Section 376 was widened by a committee headed by former Chief Justice of India JS Verma, which was set up after the sensational December 16, 2012 gangrape.The 630-page Justice Verma committee report, issued on January 23, 2013, had suggested amendments to criminal laws to provide for severer punishment to rapists, including those belonging to the police and public servants.The recommendations of the committee were incorporated in the Criminal Law (Amendment) Act 2013, which came into force from April 3, 2013, bringing several changes in sexual offence laws, including the introduction of Section 376A to the IPC.According to Section 376A, if a person committing sexual assault inflicts an injury that causes the death of the person or causes the person to be in a persistent vegetative state, the person shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but may extend to life imprisonment, which shall mean the remainder of that person’s natural life or with death.(With inputs from PTI)
