Nirbhaya Case or it's also known as 2012 Delhi Gang Case. This case is a case
which dealt with the evil of rape and felt a should that took place with the
women in South Delhi. This date on which this incident was aced was
16thDecember 2012 and the timing was 1:04 am. This is one of judgment case in
the History of rape which being the decided by Supreme Court. The rape incident
when was conducted at that time the female was 23 year old. It had made that
female offended and was throngs of death.
Rape can be determined as unlawful sexual activity and usually sexual
intercourse carried out forcefully or under threat of injury against the will
usually of a female or with a person who is beneath a certain age or incapable
of valid consent.Rape has violated the fundamental rights of women along
with the human rights too. It has infringed the rights of women that is codified
under Article 21 of Constitution of India. Even after the codification of strict
laws regarding rape in Indian Constitution such crime is committed on massive
Facts of The Case:
# 16 December 2012; it was a cold chilly. She was portrayed as Nirbhaya Case.
The victims, a 23 year old women, Jyoti Singh Pandey and her friend, Awindra
Pratap Pandey, were returning home at night 16 dec.2012 after watching the movie
in South Delhi.
# After they came over that location they starting waiting for the bus to came.
# When bus came; one among the people empty bus tinted widows.
# The bus already consisted of five adult person and a juvenile or ( who was a
minor; aged 17).
# They all who were already sitting in bus tried to satisfy their unusually
# They all tried to rape her, and in order to protect her; her friend was
brutally beaten up by the abused person.
# The female (Jyoti Singh Pandey) was beaten gang raped and tortured in that
bus after when they all had beaten her friend Awindra Pratap Singh.
# She was so brutally raped and sexually violated that is eventually against
# They evens pulled out her intestine and along with this they inserted an iron
in her private party.
Issues of The Case:
#Whether juvenile (18 less) was also liable for Capital Punishment or not
Judgement of The Case:
The Supreme Court has affirmed capital punishment for four convicts in the posse
assault and merciless murder of a 23-year-old therapeutic understudy on a moving
transport in Delhi on December 16, 2012. Te four men - Akshay Thakur, Vinay
Sharma,Pawan Gupta and Mukesh-Had bid in the best court after the High Court
decided that they ought to be hanged. The guardians of the young ladies, who
came to be called "NIirbhaya" or daring, were available in court today when
theThey evens pulled out her intestine and along with this they inserted an iron
in her private party. three-judge seat headed by Justice Dipak Misra articulated
# Akshay Thakur ,Vinay Sharma, Pawan Gupta and Mukesh were given capital
punishment in the Nirbhaya Case.
# The Supreme Court maintained capital punishment granted by the Delhi High
Court in March 2014.
# The Supreme Court bench called the gang rape and murder a “Devilish” and
Important Legal Provision Added At A This Case:
Criminal law (Amendment Act) 2013:
# It is commonly known as “Anti Rape Bill”.
# It is an Indian legislation that was passed by Lok Sabha on 19thmarch 2013
and by Rajya Sabha on 21 march 2013.
# It deals with the amend of IPC ; IEA and CrPC ,1973 on various law that are
concerned with sexual offences.
# This bill got presidential consent on 2 April 2013 and it can be force on 31
# According To these act ; Police will also be charged a penalty in the case
in which they fail to file an FIR's.
Announcement of Nirbhaya Fund:
# Nirbhaya Fund was created for the protection of women against violence after Nirbhaya incident rape case.
# It has been set up at Rs.1000 crore it has additionally received the
reorganization Rs.1000 crore in each 2014-15 yr.
# This fund was made to capitalize / subsidize various schemes and plans for
providing safe public spaces for women and also for the improvement of victims
sexual assault and violence.
The New Juvenile Justice Act of 2016:
# Juvenile justice ( Care and Protection of Child) Act ,2015 has been enacted
by Parliament of India.
# It had replaced the Indian juvenile justice delinquency law, Juvenile Justice
( Care and Protection of Child ) Act 2000.
# The juvenile of age group 16-18 who are involved in heinous crimes shall be
punished as adults in case of conflicts with law.
# It was passed by Lok Sabha on 7thmay 2015.
# This was passed by Rajya Sabha on 22ndDecember 2015.
# This bill will also Juvenile Justice board that consist of Psychologists and
Sociologists to make a decision on a matter where a juvenile criminal between
16-18 year of are should be punished as an adult or not.
According to my perception such rape cases must be acknowledged with strict
punishment. In case of rape the person who are accused to conduct rape must be
punished with capital punishment i.e. they must be hanged till death. Such
punishment must be provided to all rape accused whether the rape conducted by
the was of small ambit or of large, because only after such punishments rape
cases can be reduced to an extreme level. The cases where small punishments like
imprisonment is provided to rape accused has not at all brought even a small
change in the number of rape case, over that the number of rape cases has been
rapidly increasing day by day on a wide extent.
India is known for a considerable measure of things. The positive ones are its
way of life, assorted variety of religion, cricket ability, wonderful grand
magnificence. In any case, regularly, a couple of occurrences happen which
influence these positive variables to assume a lower priority in remote, and
even household popular supposition. The Nirbhaya occurrence was the start which
touched off the fire of negative general feeling about India.
It was as of late imprinted in Sex Roles, a diary breaking down ladies' issues,
gave scholarly support to something we as a whole Indians know about. It
featured how "convictions that reprimand ladies for their exploitation, thus,
give authenticity to savagery against ladies".
Nearly non-existent usage of government plans for advancement of ladies'
circumstance is one of the fundamental purposes behind the critical circumstance
of ladies in India. Despite the fact that the same unfeeling state of mind is
noticeable in a considerable measure of spots, it influences the issue of ladies
more. This is on account of the hard state of mind isn't simply regulatory or
political, it is established in the public eye and ethical quality.