Provisions in
IPC:
Sec 354 : Assault or criminal force to women with intent to outrage her modesty (2yrs/fine)
Sec 366 : Kidnapping, abducting or inducing woman to compel her marriage, etc(10 yrs/fine)
Sec 354 : Assault or criminal force to women with intent to outrage her modesty (2yrs/fine)
Sec 366 : Kidnapping, abducting or inducing woman to compel her marriage, etc(10 yrs/fine)
Sec 366A : Procreation or minor girl. (10 yrs/fine)
Sec 366B : Importation of girl from foreign country (10 yrs/fine)
Sec 372 : Selling minor for purpose of prostitution,
etc. (10 yrs/fine)
Sec 373: Buying
minor for purpose of prostitution, etc.
(10 yrs/fine)
Sec 376 : Punishment for rape (10 yrs/fine)
Sec376A : By a man with his wife during separation
(2 yrs/fine)
Sec 376B : By public servant with woman in his custody (5 yrs/fine).
Sec 376C : By Superintendent of Jail, remand home, etc. (5 yrs/fine).
Sec 376D : By any member of the management or staff of a hospital with any woman in that hospital.
(5 yrs/fine).
THE INDIAN PENAL CODE, 1860
nSections 354, 376 & 509 are the penal provisions relating to crime against women
nSection 354 of the Act says that whoever assaults or uses a criminal force to any woman with an intention of outraging her modesty or with a prior knowledge that his act is certain to outrage the modesty of the woman commits an offence under this section and is liable to be punished with an imprisonment of either description for a term which may extend to two years, or with fine, or with both.
nSection 376 provides punishment for rape of a woman and the punishment is imprisonment for a term which shall not be less than 7 years and may extend for life or for a term which may extend for 10 years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
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Section 509. Word, gesture or act intended to insult the modesty of a woman.--Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
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nAmendments in Indian Penal Code
Recent Amendment has recognized very important acts as offences and has incorporated them into the Indian Penal Code,1860. These are :-
1. Section 326A is a new section which has been added into the IPC and is aimed at
punishing the offence of acid throwing or acid attack. It is a gender neutral offence and has been made cognizable and non-bailable and is triable by the Court of Session. This section requires that there should be a voluntary causing of grievous hurt by use of acid, etc.
Punishment- Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim.
2.Section 326B also added which says that if a person voluntarily throws or attempts to throw acid, then an offence under this section is committed and is punished with an imprisonment for 5 years and which may extend to 7 years and with fine. This offence is also cognizable, non-bailable and triable by the Court of Session.
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2.Section 354A a new section is added as it defines and punishes acts of sexual harassment is aimed at the prevention and prohibition of sexual harassment of women.
Following are the ingredients of offence of sexual harassment under this section :
I.physical contact and advances involving unwelcome and explicit sexual overtures; or
II.a demand or request for sexual favours; or
III.making sexually coloured remarks; or
IV.forcibly showing pornography; or
V.any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Punishment- Imprisonment which may extend to 3 years or with fine or with both in case of sexual harassment of nature of unwelcome physical contact and advances or demand or request for sexual favours, showing pornography or;
Imprisonment which may extend to 1 year or with fine or with both in case of sexual harassment of the nature of making sexual colored remarks.
This offence is cognizable but bailable unlike under section 354 of the IPC,1860.
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4.Section 354B punishes an act which is committed with an intent to disrobe a woman. Assaults or use of criminal force to any woman or abetment of such act with the intention of disrobing or compelling her to be naked is made punishable with an imprisonment of not less than 3 years but which may extend to 7 years and with fine. The offence under this clause is again cognizable but non-bailable.
5.Section 354C defines and punishes Voyeurism. It says watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim's genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public amounts to voyeurism.
Punishment- ( I ) In case of first conviction, imprisonment of not less than 1 year, but which may extend to 3 years, and with fine. The Offence is bailable.
( ii ) In case of second or subsequent convictions, imprisonment of not less than 3 years, but which may extend to 7 years, and with fine. The offence is non-bailable.
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6.Section 354D defines the offence of stalking:-
To follow a woman and contact, or attempt to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitor the use by a woman of the internet, email or any other form of electronic communication. There are exceptions to this section which include such act being in course of preventing or detecting a crime authorised by State or in compliance of certain law or was reasonable and justified.
Punishment- ( I ) In case of first conviction, imprisonment up to 3 years and with fine. The offence is cognizable but bailable.
( ii ) In case of second or subsequent convictions, imprisonment up to 5 years or with fine. The offence is cognizable but non-bailable.
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nRAPE (SECTION 375 ) NOW HAS A WIDER DEFINATION AND INCLUDE SEXUAL ASSAULT.
Changes in the definition of rape under section 375 of the IPC,1860:-
vThe word rape has been replaced with sexual assault in Section 375.
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vNow penetration other than penile penetration is an offence under this section.
vThe definition of sexual assault is gender neutral in some aspect, with acts like penetration of penis, or any object or any part of body to any extent, into the vagina, mouth, urethra or anus of another person or making another person do so, apply of mouth or touching private parts constitutes the offence of sexual assault.
vpenetration now means penetration to any extent, and lack of physical resistance is immaterial for constituting this offence.
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vA new section 376A has been added which states that if a person committing the offence of sexual assault, "inflicts an injury which causes the death of the person or causes the person to be in a 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 the remainder of that person’s natural life, or with death”.
vIn gang rape cases, persons involved regardless of their gender shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim.
v The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.
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vOnly in certain aggravated situations, punishment will be imprisonment of not less than seven years but which may extend to imprisonment for life and shall also be liable to fine else, in aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
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