Is Sec 376(2)(n) accused bail granted?

Section 367 in The Indian Penal Code - Kidnapping or abducting in order to subject person to griev­ous hurt, slavery, etc.—Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

The 2009 amendments to the Code of Criminal Procedure (CrPC) changed that situation significantly, by bringing in Section 372, which allowed the victim to challenge an acquittal even if the state (represented by the public prosecutor) was not willing to do so. But this was clearly not enough, since challenging an acquittal comes only at the very end of the trial process. 

The Madhya Pradesh high court, in its July 18 order in the case of Mahesh Pahade – by allowing the victim to challenge bail – has taken a bold step towards remedying this iniquitous situation and giving crime victims’ rights a much-needed forward push.

 

Regards,

Anaita Vas

 

What are the facts? What is the context?

Greetings!

Section 367 of Penal Code deals with the Offence: Kidnapping or abducting in order to subject a person to grievous hurt, slavery, which is punishable with an imprisonment of 10 Years and a Fine. Since the offence is Cognizable & considered as grevious, it is a Non-Bailabe offence. therefore,to grant bail the accused has to have applied for Anticipatory Bail. In order to avoid granting the bail application, you can file an objection by virtue of an affidavit filed before the hon'ble high court under Section 302 of the Criminal Procedure Code by engaging an advocate.

Regards,

Kawmini Liyanage

Before grant of bail to an accused the complainant / victim is informed by the prosecution/ police, where she can submit her objection.

In response to your query, 

Section 376 (2)(n) of the Indian Penal Code-

Commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

If there is a bail granted to an accused in cases under this section then the victim is informed about the same and thereafter the victim can file an objection for the bail with the police itself. 

Regards,

Aryan Raj 

Punishment for rape.

[1]376. Punishment for rape.--
(1) Whoever, except in the cases provided for by sub-section(2) commits rape shall be punished with imprisonment of either descripttion for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine.
(2) Whoever,-

(a) being a police officer commits rape-
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central or by State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape on a woman when she is under sixteen years of age; or
(j) commits gang rape; or
(k) commits rape, on a woman incapable of giving consent; or
(l) being in a position of control or dominance over a woman, commits rape on such woman; or
(m) commits rape on a woman suffering from mental or physical disability; or
(n) while commiting rape causes grievious bodily harm or maims or disfigures or endangers the life of a woman; or
(o) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—
(a) "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;
(b) "hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
(c) "police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861;
(d) "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children.
(e) Where a women's is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

Classification of Offence
(1) Rape -- rigorous imprisonment of not less than seven years but which may be for life and fine -- Cognizable -- Non-bailable -- Court of Session
(2) Rape by a police officer or a public servant or armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution or a person being on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped -- Rigorous imprisonment of not less than ten years but which may be for life and fine -- Cognizable -- Non-bailable -- Court of Session
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1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013.

what are the facts of the case.         

bail rejected