Sexual offences in Myanmar, Singapore and India

  • U Mya Thein. B. A., B.L.
LawOffice home.362152236 std copy
The symbol of administration of justice used around the world.

(Continued from 25-12-2016)
(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 caked 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.
Section 376A. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes death of the woman or causes the woman to be persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.
Section 376B. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Explanation.- In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
Section 376C. Whoever, being –
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) Superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a woman’s or children’s institution; or
(d) on the management of a hospital or being on the staff of a hospital, abuses such a position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
Explanation 1.- In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
Explanation 2.- For the purpose of this section, Explanation 1 to section 375 shall also be applicable.
Explanation 2,- “Superintendent”, in relation to a jail, remand home or other place of custody or a woman’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such a person can exercise any authority or control over its inmates.
Explanation 4.- The expression “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to sub- section (2) of section 376.
Section 376D. Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deem to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
Section 376E. Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the reminder of that person’s natural life, or with death.
Different country has different definitions, different classifications and different punishments of sexual offences which we should worthy to study for our country’s future legislation.

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