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Offences Against Women Under the IPC

November12,2014byadmin LeaveaComment

SumitKumarSuman,CNLUPatna

Editors Note: This paper essentially seeks to cover the attitude of indifference
and negligence that is primarily the result of general acceptance of mens
superiority over women because of which violent acts against women have not
been viewed as violent by women themselves due to their religious values and
socialattitudes.Itisonlyrecentlythattheissueofcrimeagainstwomenhasbeen
transformedfromaprivateissueintoapublicproblem.Thepresentstudytriesto
explore the main causes in increasing the trend of crime against women, the
effectiveness and impact of existing laws to control followed by important
suggestionstopreventfurthercommissionofparticularcrimesinIndia.

INTRODUCTION
As Swami Vivekananda had said That country and that nation that do not respect women
haveneverbecomegreat,noreverbeinfuture.Womenareconsideredasaweakersexnot
only from physical point of view but also from sociological aspect also. When we refer to
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smritis,wenoticethatwomanhasalwaysbeendependentonman.Duringchildhood,onher
father,aftermarriageonherhusband,andduringheroldageonherson.Howeverinolden
timeswefindsayWherewomenarerespectedthereGodsresideMahatmaGandhionce
observed[i].Tocallwomenaweakersexitsliableinmansinjusticetowomenifbystrength
means brute strength, then indeed women are less brute than men. If by strength means
moral power then women is work of Gabon the spirit of man in every position like priest,
husbandguardianperpetuatedthefemalesexastoobeythemanbutnoonequestionedas
towhyshemustbetreatedasobeyingperson.Womenwereconsideredinferiortomenin
practical life. But in scriptures they were given high position. Thus in past, the status of
women in India was not clear. It was theoretically high but practically low. Women were
prohibited to take part in domestic as well as in external matter. They were under the
influenceoftheirparentsbeforemarriageandtheirhusbandsaftermarriage.
Thus,thepositionofwomeninancientIndiawasinferior.Thepositionbecameworseeven
during the Moghul rule. They could not overcome the nasty Pardah system of the time.
Further,therewasthecustomofSati.Manywomenwereforciblysenttothefuneralpyreof
theirdeadhusbands.TherewasnochangeinthefateofwomenevenduringtheBritishrule
inIndia.
The situation began to change when many national figures started a struggle for Indias
freedom.MahatmaGandhiopenlyinvitedthehelpfromwomen.Manywomencameforward.
Among them were Sarojini Naidu, Vijaya Laxmi Pandit, Mrs.ArunaAsafAli and others [ii].
Many women thereafter occupied prestigious positions in India.They excelled in almost all
fieldssuchassports,politics,administration,scienceandarts.

CLASSIFICATION
WOMEN

OF

OFFENCES

AGAINST

Women are victims of crimes such as rape, murder, robbery, cheating etc. Which are not
speciallydirectedatthem,therearedesignatedascrimesagainstwomen,whicharedirected
specificallyagainstthemandaredetailedherein.
INDIANPENALCODE,1860:
Rape(section375377)
Sexualoffences:aspersection375to377ofIPCtalksaboutsexualoffencesaspersection
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375definedasRape,thistermisderivedfromtheLaitntermrapio,whichmeanstoseize.
Thus rape literally means a forcible seizure and that is essential characteristics of offence.
Wecanalsosaythatintercoursewithawomenwithoutherconsent.
As per section 375 :A man is said to commit rape who, except in the case hereinafter
excepted,hassexualintercoursewithwomanundercircumstancesfallingunderanyofthe
sixfollowingdescriptions:
FirstlyAgainstherwill.
SecondlyWithoutherconsent.
Thirdly With her consent, when her consent has been obtained by putting her or any PS
personinwhomsheisinterestedinfearofdeathorofhurt.
Fourthly With her consent, when the man knows that he is not her husband, and that
consent is given because she believes that he is another man to whom she is or believes
herselftobelawfullymarried.
Fifthly With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or through
another of any stupefying or unwholesome substance, she is unable to understand the
natureandconsequencesofthattowhichshegivesconsent.
SixthWithorwithoutherconsent,whensheisunderageofsixteenyears.[iii]
Explanation:Penetration is sufficient to constitute the sexual intercourse necessary to the
offenceofrape.[iv]
Exception: Sexual intercourse by man with her consent his own wife, the wife not being
underfifteenyearsofage,isnotrape.
Essentialsingredientsofsectionof375:
Theremustbesexualintercoursewithawomanbyaman
Suchasexualintercourseshouldbeunderanyofthefollowingcircumstances:
Againstherwill
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Withoutherconsent
Withconsentobtainedunderfearofdeathorhurt
Withconsentgivenundermisconceptionoffactthatthemanisherhusband
Consent given by reason of unsoundness of mind, intoxication or under influence of
anystupefyingorunwholesomesubstance
Withwomenunder16yearsofage,withorwithoutconsent.
PunishmentforRape:
Section376.Punishmentforrape.(1)Whoever,exceptinthecasesprovidedforbysub
section(2),commitsrapeshallbepunishedwithimprisonmentofeitherdescriptionforaterm
whichshallnotbelessthansevenyearsbutwhichmaybeforlifeorforatermwhichmay
extendtotenyearsandshallalsobeliabletofineunlessthewomanrapedishisownwife
andisnotundertwelveyearsofage,inwhichcases,heshallbepunishedwithimprisonment
ofeitherdescriptionforatermwhichmayextendtotwoyearsorwithfineorwithboth:
Provided that the court may, for adequate and special reasons to be mentioned in the
judgment,imposeasentenceofimprisonmentforatermoflessthansevenyears.
(2)Whoever:(a)beingapoliceofficercommitsrape
Withinthelimitsofthepolicestationtowhichheisappointedor
In the premises of any station house whether or not situated in the police station to
whichheisappointedor
Onawomanishiscustodyorinthecustodyofapoliceofficersubordinatetohimor
(b) Being a public servant, takes advantage of his official position and commits rape on a
womaninhiscustodyassuchpublicservantorinthecustodyofapublicservantsubordinate
tohimor
(c)Beingonthemanagementoronthestaffofajail,remandhomeorotherplaceofcustody
established by or under any law for the time being in force or of a womans or childrens
institution takes advantage of his official position and commits rape on any inmate of such
jail,remandhome,placeorinstitutionor
(d) Being on the management or on the staff of a hospital, takes advantage of his official
positionandcommitsrapeonawomaninthathospitalor
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(e)Commitsrapeonawomanknowinghertobepregnantor
(f)Commitsrapewhensheisundertwelveyearsofageor
(g)Commitsgangrape,
Shall be punished with rigorous imprisonment for a term which shall not be less than ten
yearsbutwhichmaybeforlifeandshallalsobeliabletofine:
Provided that the court may, for adequate and special reasons to be mentioned in the
judgment,imposeasentenceofimprisonmentofeitherdescriptionforatermoflessthanten
years.
Explanation 1 Where a woman is raped by one or more in a group of persons acting in
furtherance of their common intention, each of the persons shall be deemed to have
committedgangrapewithinthemeaningofthissubsection.
Explanation 2 Womens or childrens institution means an institution, whether called an
orphanage or home for neglected women or children or a widows home or by any other
name, which is established and maintained for the reception and care of women or
children[v].
Explanation3 Hospital means the precincts of the hospital and includes the precincts of
anyinstitutionforthereceptionandtreatmentofpersonsduringconvalescenceorofpersons
requiringmedicalattentionorrehabilitation.[vi]
KidnappingandAbduction(Section359373):
Kidnapping andAbduction for different purpose( section 363 to 373) :As per section 363
talks about punishments for kidnapping Whoever kidnaps any person from India or from
lawful guardianship, shall be punished with imprisonment of either description for a term
whichmayextendtosevenyears,andshallalsobeliabletofine.InChandrakalav.Vipin
Menon[vii],. The supreme court declined to convict the father, who was accused of
kidnappinghisminordaughterwhowaslivingwithhermaternalgrandfatherduetostrained
relationshipbetweenherparents,onthegroundthattheaccusedwasthenaturalguardianof
thechild.

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Andaspersection359 defined askidnapping, Kidnapping is of two type:kidnappingfrom

India,andkidnappingfromlawfulguardianship.
As per section 360 talks about kidnapping from India and section 361 talks about
Kidnappingfromlawfulguardianship.InStateofHaryanav.RajaRam,[viii]inthiscasethe
prosecutrix was a young girl of 14 years. She became friendly with a person called Jai
Narain,aged32,whowasafrequentvisitor.WhenJainarainwasforbiddenbyprosecutrixs
father from coming home, he sent massage through a Raja ram. She was constantly
persuaded to leave the house and come with jai Narain, who would keep her in a lot of
material comfort. One night, the prosecutrix arranged to meet Jai Narain in his house and
wenttomeethimwhereshewasseducedbyJaiNarain.
Held:ItwasheldthatJaiNarainwasliableundersection376forrapeandRajaRamunder
section366.
Aspersection364talksaboutpunishment,itmeansthissectionprovidesthatKidnappingor
abductinginordertomurder,itmeansWhoeverKidnapsorabductsanypersoninorderthat
such person may be murdered or may be so disposed of as to be put in danger of being
murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term
whichmayextendtotenyears,andshallalsobeliabletofine.
Illustration: A kidnaps Z from India, intending or knowing it to be likely that Z may be
sacrificedtoanIdol.Ahascommittedoffenceinthissection.
So,thissectionapplyifapersonhasbeenabductedwithintentionthathebemurdered.(In
Upendra Nath v. Emperor[ix],.) The actual muder of the person is not required. It is
sufficientthattherewasabductionwithintenttomurder.
As per 364A. Kidnapping for ransom, etc.Whoever kidnaps or abducts any person or
keepsapersonindetentionaftersuchkidnappingorabductionandthreatenstocausedeath
orhurttosuchperson,orbyhisconductgivesrisetoareasonableapprehensionthatsuch
person may be put to death or hurt, or causes hurt or death to such person in order to
compeltheGovernmentoranyforeignStateorinternationalintergovernmentalorganization
or any other person to do or abstain from doing any act or to pay a ransom, shall be
punishablewithdeath,orimprisonmentforlife,andshallalsobeliabletofine.
As per section 365Kidnapping or abducting with intent secretly and wrongfully to
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confineperson.Whoeverkidnapsorabductsanypersonwithintenttocausethatperson
to be secretly and wrongfully confined, shall be punished with imprisonment of either
descriptionforatermwhichmayextendtosevenyears,andshallalsobeliabletofine.
Aspersection366kidnapping,abductingorinducingwomantocompelhermarriage,
etc.
Whoeverkidnapsorabductsanywomanwithintentthatshemaybecompelled,orknowingit
tobelikelythatshewillbecompelled,tomarryanypersonagainstherwill,orinorderthat
shemaybeforcedorseducedtoillicitintercourse,orknowingittobelikelythatshewillbe
forced or seduced to illicit intercourse shall be punished with imprisonment of either
descriptionforatermwhichmayextendtotenyears,andshallalsobeliabletofine 1[and
whoever,bymeansofcriminalintimidationasdefinedinthisCodeorofabuseofauthorityor
anyothermethod of compulsion,induces any woman to go from any placewithintentthat
shemaybe,orknowingthatitislikelyshewillbe,forcedorseducedtoillicitintercoursewith
anotherpersonshallbepunishedasaforesaid.
As per section 366A procreation of minor girl.Whoever, by any means whatsoever,
inducesanyminorgirlundertheageofeighteenyearstogofromanyplaceortodoanyact
withintentthatsuchgirlmaybe,orknowingthatitislikelythatshewillbe,forcedorseduced
to illicit intercourse with another person shall be punishable with imprisonment which may
extendtotenyears,andshallalsobeliabletofine.
As per section 366B Importation of girl from foreign country Whoever imports
into2[India]fromanycountryoutsideIndiaorfromtheStateofJammuandKashmir]anygirl
undertheageoftwentyoneyearswithintentthatshemaybe,orknowingittobelikelythat
shewillbe,forcedorseducedtoillicitintercoursewithanotherperson,shallbepunishable
withimprisonmentwhichmayextendtotenyearsandshallalsobeliabletofine.
As per section 367 Kidnapping or abducting in order to subject person to grievous
hurt,slavery,etc.Whoeverkidnapsorabductsanypersoninorderthatsuchpersonmay
besubjected,ormaybesodisposedofastobeputindangerofbeingsubjecttogrievous
hurt,orslavery,ortounnaturallustofanyperson,orknowingittobelikelythatsuchperson
willbesosubjectedordisposedof,shallbepunishedwithimprisonmentofeitherdescription
foratermwhichmayextendtotenyears,andshallalsobeliabletofine.
As per section368 Wrongfully concealing or keeping in confinement, kidnapped or
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abducted person Whoever, knowing that any person has been kidnapped or has been
abducted, wrongfully conceals or confines such person, shall be punished in the same
manner as if he had kidnapped or abducted such person with the same intention or
knowledge, or for the same purpose as that with or for which he conceals or detains such
personinconfinement.
Aspersection369Kidnappingorabductingchildundertenyearswithintenttosteal
fromitspersonWhoeverkidnapsorabductsanychildundertheageoftenyearswiththe
intentionoftakingdishonestlyanymovablepropertyfromthepersonofsuchchild,shallbe
punished with imprisonment of either description for a term which may extend to seven
years,andshallalsobeliabletofine[x].
As per section 370 Buying or disposing of any person as slaves Whoever imports,
export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or
detains against his will any person as slave, shall be punished with imprisonment of either
descriptionforatermwhichmayextendtosevenyearsandshallalsobeliabletofine.
As per section 371 talks about Habitual dealing in slaves Whoever habitually imports,
exports, removes, buys, sells, traffics or deals in slaves, shall be punished
with 1[imprisonment for life] or with imprisonment of either description for a term not
exceedingtheyears,andshallalsobeliabletofine.
Aspersection372selling minor for purpose of prostitution, etc.Whoever sells, lets to
hire, or otherwise disposes of any person under the age of eighteen years with intent that
such person shall at any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose, or knowing it to be
likelythatsuchpersonwillatanyagebe]employedorusedforanysuchpurpose,shallbe
punishedwithimprisonmentofeitherdescriptionforatermwhichmayextendtotenyears,
andshallbeliabletofine.
Explanation I When a female under the age of eighteen years sold, let for hire, or
otherwisedisposedoftoaprostituteortoanypersonwhokeepsormanagesabrothel,the
personsodisposingofsuchfemaleshall,untilthecontraryisproved,bepresumedtohave
disposedofherwiththeintentthatsheshallbeusedforthepurposeofprostitution.
ExplanationII

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For the purposes of this section illicit intercourse means sexual intercourse between
persons not united by marriage or by any union or tie which, though not amounting to a
marriage,isrecognizedbythepersonallaworcustomofthecommunitytowhichtheybelong
or, where they belong to different communities, of both such communities, as constituting
betweenthemaquasimaritalrelation.
Aspersection373 talks about Buying minor for the purpose of prostitution etc. Whoever
buys,hiresorotherwiseobtainspossessionofany 1[personundertheageofeighteenyears
with intent that such person shall at any age be employed or used for the purpose of
prostitutionorillicitintercoursewithanypersonorforanyunlawfulandimmoralpurpose,of
knowingittobelikelythatsuchpersonwillatanyagebe]employedorusedforanypurpose,
shallbepunishedwithimprisonmentofeitherdescriptionforatermwhichmayextendtoten
years,andshallalsobeliabletofine.
ExplanationIAnyprostituteoranypersonkeepingormanagingabrothel,whobuys,hires
orotherwiseobtainspossessionofafemaleundertheageofeighteenyearsshall,untilthe
contraryisproved,bepresumedtohaveobtainedpossessionofsuchfemalewiththeintent
thatsheshallbeusedforthepurposeofprostitution.
1.Homicide for dowry, dowry deaths or their attempts discussed under section 302 and
304Bandalsoundersection174(3)ofCrPc:
As per section 304B. Dowry death.(1) Where the death of a woman is caused by any
burns or bodily injury or occurs otherwise than under normal circumstances within seven
yearsofhermarriageanditisshownthatsoonbeforeherdeathshewassubjectedtocruelty
orharassmentbyherhusbandoranyrelativeofherhusbandfor,orinconnectionwith,any
demand for dowry, such death shall be called dowry death, and such husband or relative
shallbedeemedtohavecausedherdeath.
ExplanationForthepurposeofthissubsection,dowryshallhavethesamemeaningasin
section2oftheDowryProhibitionAct,1961(28of1961).(2)Whoevercommitsdowrydeath
shallbepunishedwithimprisonmentforatermwhichshallnotbelessthansevenyearsbut
whichmayextendtoimprisonmentforlife.
Aspersection302 talks about punishment for murder it means Whoever commits murder
shallbepunishedwithdeath,or[imprisonmentforlife]andshallalsobeliabletofine.

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1.Sexual Harassment :As per section 509 talks about Word gesture or act intended to
insultthemodestyofawoman.
Importationofgirls(upto21yearsage):section366BofIPCtalksaboutImportationof
girls.
1.Torture, both mental and physical: As per section 498A talks about Torture, both
mentalandphysical.
The crimes identified under the special laws:Although all laws are not gender specific, the
provisions of law affecting women significantly have been reviewed periodically and
amendments carried out to keep pace with the emerging requirements. Some acts which
havespecialprovisionstosafeguardwomenandtheirinterestsare:
1.TheemployeesInsuranceAct,1948
2.ThePlantationLabouract,1951
3.SpecialmarriageAct,1954
4.TheHindumarriageAct,1955
5.DowryProhibitionAct,1961
6.TheequalRemunerationAct,1976
7.ThechildmarriageRestraint(Amendment)Act,1979
8.CommissionofSati(Prevention)Act,1987
9.HindusuccessionAct,1956.[xi]

OFFENCES AGAINST WOMEN IN INDIA

There are a variety of psychological, economical, sociological forms of victimization of
women. In our society we have been seen that women are economically discriminated at
working places. At the same time women are also exploited physically, emotionally and
sexuallybytheirhusbands.Itisshockingtohearthatwomenhadnorighttodecidewhether
theycouldcontinuetheirpregnancyorterminatedit.Thefollowingarecategoriesofcrimes
againstwomeninIndia:
Sexual offences, Offences for gain, Molestation and rape, Harassment at home leading to
suicide and murder of young brides, Immoral trafficking, exploitation of women. Physical
torture,MentalCruelties.

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CAUSES OF CRIME AGAINST WOMEN IN INDIA

Crimes against women is not considered from only physical point of view but also
sociological aspect also. There are records of women raped.\, beaten, abduct, and given
humiliating treatment. Women have been subjected to socioeconomic and culture
deprivationsforsuchalongtimethatthereisageneralindifferenceandlackofawarenessof
crimes against them. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500
molestationcasesaretheviolentcrimesreportedinIndiain2006againstwomen.[xii]Atleast
one out of three women has been beaten, forced into sex, or abused during her lifetime,
accordingtoastudybasedon50surveysfromaroundtheworld[xiii].Onmostoccasions,the
abuserwasamemberofthewomansfamilyorsomeoneknowntoher.
Onewomaninfourhasbeenabusedduringpregnancy.
More than 60 million women worldwide are considered missing as a result of sex
selectiveabortionsandfemaleinfanticide,accordingtoanestimatebyNobelLaureate
AmartyaSen.
TheWorldHealthOrganisationhasreportedthatupto70%offemalemurdervictims
arekilledbytheirmalepartners.
1crimecommittedagainstwomeneverythreeminutes
1molestationcaseevery15minutes
1sexualharassmentcaseevery53minutes
1kidnappingandabductioncaseevery23minutes
1rapecaseevery29minutes
Fouroutof10womeninIndiahaveexperiencedviolenceinthehome
45%ofwomenhavesufferedatleastoneincidentofphysicalorpsychologicalviolence
intheirlife
26%haveexperiencedatleastonemoderateformofphysicalviolence
Morethan50%ofpregnantwomenhaveexperiencedsevereviolentphysicalinjuries.
According to the NCRB, approximately 6,000 women are killed in India every year
because of dowry. Unofficial estimates are as high as 15,000 deaths a year. In other
words,between16and40womendieeverydaybecauseofdowry.
MathurarapeCase
TheinfamousrapecaseofMathurainthelate1970swasoneofthemaincatalystsforthe
Indianwomensmovementcampaignstoamendthelawonrape.Mathurawasa16yearold
tribalgirlfromMaharashtrawhowasrapedbyapolicemanwithinapolicestation.Whenthe
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case went to the lower court, the accused police constable was acquitted on grounds that
sinceMathurahadelopedwithherboyfriendshewasusedtosexualintercourseandhence
couldnotberaped.ThecourtfurtherheldthatMathurahadconsentedtosexualintercourse
with the policeman because she was of loose moral character. On appeal, the high court
convicted the policeman and held that mere passive submission or helpless surrender by
threats or fear could not be equated with consent. The Supreme Court acquitted the
policeman again. It held that since Mathura had not raised any alarm and there were no
visiblemarksofinjuryonherbodyshehadindeedconsentedtohavingsex.
Womens groups and human rights groups all across India rose in unison to criticize
thisarbitraryjudgmentoftheSupremeCourt,andasustainedcampaignforlawreform
resultedincustodialrapebeingaddedtothelawonrapeintheIPC,andtheburdenof
proof being shifted to the accused in cases of custodial rape occurring within
institutionslikejails,remandhomes,nariniketans,etc.[xiv]
Thesearefollowingthecausesofcrimeagainstwomen:
1.Socialcauses:
1.BrokenHomes
2.Psychologicalenvironment
2.Orthodoxthought:
1.Personalcauses
2.Unemployment
3.Poverty
4.Addiction
5.Lackofpropermoraleducation

CONCLUSION
InthepresentworkwehavetriedtoputforthbeforethecriminaljusticesystemofIndiathat
Indian women are now no safe and always a kind of threat feelings generated among the
womenthatinthepresentscenariotheycanbeeasilyvictimizedfromanynookandcorner
ofthesociety.Asperourhypothesisitscrystalclearthatthesharpincreasedincrimerates
from(7.6%)in2003to(8.8%)2007inlastfiveyearsatthenationallevelandwhenweonly
comparedmegacitieswiththetotalnationalcrimerate,itissharplyincreasedfrom(24,709)
in 2007 to (21,861) in 2006, a total increase of (13.0%) in just one year[xv]. These figures
show a hazardous situation in the country like India with respect safety and security of
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women.NotonlythatevenforeignersarealsonotbeensparedwhoarecomingtoIndiaas
manycaseshavebeenbookedunderrapeandmurdersagainsttheforeigners.Inthiseraof
globalization there is an urgent need to motion our Criminal Justice System of India in
maintaininglawandordersituationofthecountrythatoneshouldfeelsafeandsecure.

Edited By Saksham Dwivedi

[i] Gaur KD, A Textbook on Indian Penal Code, Universal Law Publishing Co.: Lucknow
2011.
[ii]Ibid.
[iii]ibid
[iv] PSA Pillai, KI Vibhuti, Criminal law, 10 th edition, Nagpur: Lexis Nexis Butterworth
Wadhwa(2008),Pp.96364
[v]Ibid.
[vi]S.376,IPC,1860
[vii](1993)2SCC6
[viii]AIR1973SC819,(1973)CrLJ651(SC)
[ix]AIR1940Cal561
[x] Gaur KD, ATextbook on Indian Penal Code, Universal Law Publishing Co.: Lacknow
2011.
[xi]Ibid.
[xii]Sourcedfromhttp://www.azadindia.org/socialissues/crimeagainstwomeninindia.html
[xiii]MishraSN,IndianPenalCode,CentralLawPublications:Allahabad2006.
[xiv] Sourced From http://www.preservearticles.com/201104306065/essayonstatusof
womeninindia.html
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[xv]MishraSN,IndianPenalCode,CentralLawPublications:Allahabad2006.

FiledUnder:CriminalLaw,IndianPenalCode
TaggedWith:OFFENCES,WOMEN

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