In the current context, we are witnessing a disturbing rise in violence and crimes against women around the world. This highlights the seriousness and gravity of the terrible acts committed against women in recent years. The global effort to eliminate violence against women is clear evidence of this problem. Changes in living standards, lifestyles, economic disparities, shifts in social values, and a lack of regard for moral principles have contributed to a disturbing increase in crimes against women. These incidents are a cause for great concern, and it is essential to address this issue to ensure that women in India can live with dignity, honor, freedom, and peace in an environment free from cruelty and heinous acts.
There are several legal provisions aimed at punishing those who commit offenses against women. While the Indian Penal Code includes provisions for women as victims of various crimes like murder, robbery, theft, etc., there are specific crimes that are uniquely targeted against women, known as 'Offenses Against Women.' To address the pressing need, new socio-economic offenses have been introduced along with amendments to existing laws to more effectively combat these crimes.
Laws related to crimes against women can be categorized into two main groups: Crimes against Women under Special and Local Laws (SLL).
The laws falling under the category of Special and Local Laws are designed to eliminate immoral and exploitative practices against women in society. These laws are periodically reviewed and amended to stay in tune with emerging needs.
The following acts contain special provisions to safeguard women and their interests:
These laws aim to provide legal safeguards and protections for women, addressing issues such as human trafficking, dowry-related abuses, child marriage, indecent portrayal of women, the outlawing of sati (a harmful practice), domestic violence, and sexual harassment in the workplace. The constant review and adaptation of these laws reflect the ongoing efforts to combat crimes against women and protect their rights.
Crimes against women are also addressed under the Indian Penal Code (IPC) of 1860, which provides provisions for punishing those responsible for serious offenses against women.
Various sections within the IPC are dedicated to dealing with such crimes, including:
These provisions in the IPC are aimed at addressing a range of offenses against women, including violence, harassment, and crimes of a sexual nature. They serve to safeguard women's rights, provide legal recourse, and impose penalties on those who commit such offenses. The Indian Penal Code continues to evolve and adapt to address the specific challenges faced by women and to ensure their protection under the law.
Sexual Offences against Women under the Indian Penal Code are addressed in a specific section of the law.
These offenses, as mentioned in the IPC, are as follows:
Section 375 of the IPC defines rape as the non-consensual sexual intercourse with a woman by force, fraud, or fear. It is a heinous act that violates a woman's rights and her dignity. The section outlines the essential ingredients of rape, which include both the actus reus (sexual intercourse with a woman by a man) and mens rea (sexual intercourse under specific circumstances). Section 376 prescribes the punishment for rape, with varying degrees of severity.
Section 376D deals with the punishment for gang rape, where a woman is raped by multiple individuals acting with a common intention. The offenders face rigorous imprisonment for not less than twenty years, which may extend to life imprisonment, along with a fine.
Case: Priya Patel v. State of M.P.
Case: Tukaram v. State of Maharashtra
Section 354, IPC deals with the offence of molestation i.e. assault to woman with intent to outrage her modesty. This section aims to protect women against any sort of indecent or filthy behaviour by others which is derogatory to her modesty. This offence is not just against the individual but also against the society and public morality. Therefore, if any person uses criminal fore upon a woman with an intention to outrage the modesty of a woman, he is deemed to be punished with an imprisonment of not less than one year which may extend upto five years with fine.
It is not specifically defined under IPC that what constitutes an outrage to woman’s modesty. However, the court has interpreted it in various cases. According to the Supreme Court, modesty is an attribute associated with female human beings as a class. Modesty is said to be outraged by such an act of offender which shocks and recognizes as an insult to female decency and dignity.
For example, slapping a woman on her butt, asking her for sexual favours, disrobing her etc.
The following are the essential of the offence under Section 354, IPC-
Case: Rupan Deol Bajaj v. K.P.S. Gill
Case: Raju Pandurang Mahale v. State of Maharashtra
Case: State of Punjab v. Major Singh
An act which is done intending to insult the modesty of woman which may not necessarily involve any physical force is brought under the shade of this provision through Section 509. This section intends to deter any kind of aggression into a woman’s modesty whether by any word, gesture or act or by intruding upon the privacy of such woman. This section is also referred as the ‘Eve Teasing Section’.
Any person who commits an offence under Section 509 shall be punished with simple imprisonment for a term which may extend to three years with fine.
This section requires-
The Criminal Law (Amendment) Act, 2013 added many new sections in the IPC, keeping in view the various new forms of offensive activities against the safety and dignity of women. Some are discussed below-
Section 354B penalises the offence of assaulting or using criminal force to a woman or abetting any such act with an intention to disrobe or compel her to be naked, with a punishment of not less than three years which may extend to seven years with a fine. It is a gender specific offence i.e. only a man can be punished under this section.
This offence came into existence after Nirbhaya Rape Case, 2012. It is mentioned under Section 354C, IPC. The word ‘voyeurism’ means appeasement derived from observing the genital or sexual acts of others usually ssecretly. This provision is divided in two different parts. Firstly, when a person watches or captures image of a woman engaging in some private act and secondly, when the person disseminate or spread such image.
The first offence is punishable with imprisonment of not less than one year which may extend upto three years with fine. The second offence is punishable with imprisonment of not less than three years which may extend upto seven years with fine.
Section 354D, IPC talks about The term ‘stalking’ which generally means the act of following or trying to contact despite disinterest of woman. This section contains two offences. Firstly, where a man follows or contacts or attempts to contact a woman repeatedly despite her clear indication of disinterest and secondly, where a man monitors the use by a woman of the internet, email, or any other form of electronic communication.
For the first conviction, the punishment prescribed is imprisonment for a term which may extend to three years with fine. The punishment for second conviction may extend up to five years of imprisonment with fine.
Section 354D has a proviso attached to it which carves out an exception to this offence. If a part of responsibility is imposed on a person by the State to prevent and detect any crime and such acts must be pursued by any law and in the particular circumstances such conduct of the person must be reasonable and justified then, it will not amount to stalking.
The Criminal Law (Amendment) Act, 2013 incorporated Section 326A and 326B with an intend to make specific provision for punishment in the case of acid attack.
Section 326A focuses on voluntarily causing grievous hurt by using acid. In the view of this section, whosoever causes permanent or partial damage or burns, disfigures or disables any part of the body of a person or causes grievous hurt by throwing or administering acid with an intention to cause such injury or hurt will be punished with imprisonment of at least ten years which may extend to life imprisonment with fine.
Section 326B has more legislative focus on the act of throwing or attempting to throw acid with the intention of causing grievous hurt. The punishment under this section is imprisonment of not less than five years with fine which may extend upto seven years.
The following are the requisites of an acid attack-
This new provision was originated in a judgment of the Supreme Court dealing woth the issue of sexual harassment at workplace. Through the Criminal Law (Amendment) Act, 2013, Section 354A was inserted in the IPC which defines the offence of ‘sexual harassment’ and set down punishment for it.
According to Section 354A, a person shall be guilty of the offence of sexual harassment against a woman in the following circumstances-
The punishment for the offences specified under Section 354A (1) (i) to (iii) is the rigorous imprisonment for a term which may extend to three years or with fine or both and in the case of sub clause (iv), it is imprisonment for a term which may extend to one year or with fine or both.
In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted to provide protection to women against sexual harassemnt at workplace and for the prevention and redressal of complaints regarding the matter of sexual harassment or any such incident thereto.
A separate chapter of IPC deals with the issues of cruelty by a husband or his relatives under Section 498A, IPC. the objective behind the introduction of this provision was to punish the husband and his relatives who torture, ill-treat and harass a woman with a view to force her or any other person related to het to meet any unlawful demands.
This section has given a new dimension to the concept of cruelty which is the essence of this section, for the purpose of matrimonial relief. Not every type of cruelty will attract Section 498A. It has been mentioned under the section that what kind of cruelty is included hereby.
The punishment for this offence is imprisonment for a term which may extend to three years with fine.
To constitute an offence under Section 498A, the following are the necessary conditions-
Dowry deaths and bride burning are sinful act which are still prevailing in the Indian society. It is a symptom of a special social illness and are unfortunate developments of our society. For this serious matter, the special provision was inserted under IPC through Section 304B which deals with dowry deaths.
Section 304B (1) defines dowry death whereas clause (2) lays down its punishment which is not less than seven years and may extend to life imprisonment.
The following ingredients of the offence need to be established-
Notwithstanding the number of laws to protect and safeguard the rights and interest of the women, the rate of crime against women and victimization is mushrooming day by day. It is well said that it takes two to tango. It implies that only laws are not responsible to regulate and control the augmentation of the crimes against women in our society. The suppression of evil eyes on women and inculcation of social ethics, morals and values, respect and honor in every human being towards women is the need of the hour and is a supplement factor that can equally contribute in reducing the number of crimes against women. However, there is an exigency of more strict and stringent laws so that any person intending to commit such crimes couldn’t screw up the courage to act in furtherance of his intention.
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