Amid rise in number of rape cases against minors in the city over the last two months, lawyers have expressed the need for a special provision in the Indian Penal Code (IPC) to deal with cases of sexual assaults on children.
According to criminal lawyers, as there is no particular section in the IPC that governs such abuse, rape cases against minors are registered under Section 376 (rape) of IPC.
“A minor rape victim cannot be delivered justice through the section of rape as the nature of the offence and intensity is much graver than that of an adult victim,” said Dr Anju Rawat Negi, a criminal and matrimonial lawyer.
Lawyers have also observed that Section 377 that criminalises sexual activity against the order of nature has been underused. The Gurgaon police have registered only one case under this section this year.
“This is because people are not aware of this section. It is a very harsh section and only a few cases are registered under it,” opined Harish Bharadwaj, a criminal practitioner.