Preamble of the Constitution of India :


WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC, and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Arrest by Police:-

A POLICE OFFICER CAN ARREST:

  • A Person / An Accused if he has committed a cognizable offence.
  • Who is a Proclaimed Offender.
  • Who is suspected to have stolen property in his possession.
  • Who obstructs a Police Officer in execution of his duty.
  • A deserter from Armed Forces.

Upon Arrest:-

  • A Memorandum of Arrest has to be prepared.
  • Police Officer to inform him, that he has a right to inform a friend or a relative about the arrest.
  • He is entitled to meet an advocate of his choice.
  • No woman can be arrested after sunset and before sunrise.
  • A male officer cannot touch a woman Accused except a female police officer.
  • The Police Officer should inform the person about the offences he committed and if the offence is bailable, the officer has to inform that he is entitled to bail and he may arrange for sureties.
  • In case of arrest in non-bailable offences the Accused has to be produced before the nearest Magistrate within 24 hours, or before Holiday Magistrate.


Rape:-

  • In view of the Nirbhaya Brutal Rape Case happened in Delhi, Law concerning Rape is amended. Previously for attracting the offence of Rape the basic ingredient was sexual intercourse without the consent of a woman and penetration was the criteria.
  • With the new Amendment, the scope of attraction of the offence of Rape is widened and currently a Rape will cover not only vaginal penetration but also the other parts of the body of a woman and it will also cover the forcible insertion of any object into the openable body parts of a woman. It will also include manipulation of body parts of a woman to cause penetration.
  • For Gang Rape the punishment is not less than 20 years and it may extend to Life Imprisonment. For second same offence of Rape the punishment is of Life Imprisonment till his death. Otherwise the punishment for Rape is not less than 7 years which may extend to Life Imprisonment and for certain category of people the punishment is not less than 10 years, which may extend upto Imprisonment for Life.


Punishment:-

  • Punishment for Sexual harassment, disrobing a woman, voyeurism (clicking the image of a woman without her consent when she is doing a private act) and stalking are also introduced in 2013, in the Indian Penal Code.
  • For disrobing a woman by force and for voyeurism (clicking the image of a woman without her consent when she is doing a private act) the punishment prescribed is not less than 3 years which may extend to 7 years.
  • The punishment for stalking for first time offence, it is upto 3 years Imprisonment and for second time it may extend upto 5 years Imprisonment.

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