Explained: IPC Sections 376(2)(f), 354A and 354B under which Tarun Tejpal was convicted
The Bombay High Court convicted former Tehelka editor Tarun Tejpal under IPC Sections 376(2)(f), 354A and 354B in the 2013 sexual assault case, overturning his acquittal and holding him guilty of rape, sexual harassment and assault with intent to disrobe
New Delhi: The Bombay High Court on Thursday convicted former Tehelka editor Tarun Tejpal under three provisions of the Indian Penal Code for raping a colleague in 2013, setting aside his acquittal by a Goa sessions court five years ago.
He has been 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 354B 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 J S Verma set up after the sensational December 16, 2012 gangrape.
The 630-page Justice Verma committee report issued on January 23, 2013 had suggested the amendment of criminal laws to provide for severer punishment to rapists, including those belonging to 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 a new section of 376A to the IPC.
According to Section 376A, if a person committing sexual assault inflicts an injury which causes 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.
