Indian Penal Code Sexual Offences Guide

INDIAN PENAL CODE -1860
OBSCENE ACTS & SEXUAL OFFENCES

AS UNDER
(NIRBHAYA ACT-2013)
Video Lecture
SUBHAN BANDE
ADVOCATE
KADAPA
subhanbande@gmail.com
THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860
2
INTRODUCTORY PROVISIONS GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-1,2 & 3 Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511
Chapter-1: Introduction
Sec-1-5 INCOMPLETE OFFENCES COMPLETE OFFENCES
Chapter-5, 5A & 23; Sec-122, Chapter-6-22
Chapter-2: General Explanations 126, 399 & 511 Sec-121-510
Sec-6-52A
Chapter-3: Punishments
Sec-53-75
AGAINST STATE/GOVT/PUBLIC ETC.

AGAINST PRIVATE PERSONS
Chapter-6-15
Chapter-16-22
Sec-121-298
Sec-299-511
Chapter-6: Offences against the State

Chapter-16: Offences affecting the Human Body
Chapter-7: Offences relating to Army, Navy & Air Force
Chapter-17: Offences against Property
Chapter-8: Offences against Public Tranquility
Chapter-18: Offences relating to Documents & Property
Chapter-9: Offences by/related to Public Servants
Chapter-19: Criminal Breach of Contracts of Service
Chapter-9A: Offences relating to Elections
Chapter-10: Contempt of Lawful Authority of Public servants
Chapter-20: Offences relating to Marriage
Chapter-11: False Evidence & Offences against Public Justice
Chapter-20A: Cruelty by Husband or Relatives of Husband
Chapter-12: Offences relating to Coin & Govt. Stamps
Chapter-21: Defamation
Chapter-13: Offences relating to Weights & Measures
Chapter-22: Criminal Intimidation, Insult and Annoyance
Chapter-14: Offences relating to P.Health, Safety, Convenience, Decency, Morals
Chapter-23: Attempts to Commit Offences
Chapter-15: Offences relating to Religion
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860
3
INTRODUCTORY PROVISIONS GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-1,2 & 3 Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511
Chapter-1: Introduction
Sec-1-5 INCOMPLETE OFFENCES COMPLETE OFFENCES
Chapter-5, 5A & 23; Sec-122, Chapter-6-22
Chapter-2: General Explanations 126, 399 & 511 Sec-121-510
Sec-6-52A
Chapter-3: Punishments
Sec-53-75
AGAINST STATE/GOVT/PUBLIC ETC.

AGAINST PRIVATE PERSONS
Chapter-6-15
Chapter-16-22
Sec-121-298
Sec-299-511
Chapter-6: Offences against the State

Chapter-16: Offences affecting the Human Body
Chapter-7: Offences relating to Army, Navy & Air Force
Chapter-17: Offences against Property
Chapter-8: Offences against Public Tranquility
Chapter-18: Offences relating to Documents & Property
Chapter-9: Offences by/related to Public Servants
Chapter-19: Criminal Breach of Contracts of Service
Chapter-10: Contempt of Lawful Authority of Public servants
Chapter-20: Offences relating to Marriage
Chapter-11: False Evidence & Offences against Public Justice
Chapter-20A: Cruelty by Husband or Relatives of Husband
Chapter-12: Offences relating to Coin & Govt. Stamps
Chapter-21: Defamation
Chapter-13: Offences relating to Weights & Measures
Chapter-22: Criminal Intimidation, Insult and Annoyance
Chapter-14: Offences relating to P.Health, Safety, Convenience, Decency, Morals
Chapter-23: Attempts to Commit Offences
Chapter-15: Offences relating to Religion
Obscene Acts & Sexual Offences under IPC-1860
(as per Nirbhaya Act-2013)
4
SOFT-CORE HARD-CORE UNNATURAL

OBSCENE ACTS
SEXUAL OFFENCES SEXUAL OFFENCES OFFENCES
(Sec-377)
1. Sec-292 1. Sec-509 1. Sec-375

Sale etc. of Obscene Insulting Modesty of woman Rape
Books etc. with word, gesture or act
(Punishment for Rape-376 Para-I)
2. Sec-293 2. Sec-354 2. Sec-376 Para-I
Sale etc. of Obscene Outraging Modesty of woman Custodial Rape (376 Para-II)
with assault or Cr. Force
Objects to Young
Persons
3. Sec-376(A)
3. Sec-354 (A) Rape + Death / Persistent Vegetative state
3. Sec-294 Sexual Harassment 4. Sec-376 (B)
Obscene Acts & Songs 4. Sec-354 (B) Sexual intercourse by husband upon his
Disrobing woman with assault wife during separation
or Cr. Force
5. Sec-376 (C)
5. Sec-354 (C) Sexual intercourse by a person in authority
Voyeurism
6. Sec-376 (D)
6. Sec-354 (D) Gang Rape
Stalking 7. Sec-376(E)
Punishment for Repeat Offenders
5
I. OBSCENE ACTS
Sec-292
Sale etc. of Obscene Books etc.
OBSCENE ACTS
Sec-293
Sale etc. of Obscene Objects to Young Persons
Sec-294
Obscene Acts & Songs
6
I. OBSCENE ACTS
Sections – 292, 293 & 294
Sale etc. of Obscene Books etc. (S-292)
 Obscene Book – a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other
object – tend to deprave and corrupt persons to read, see or hear the matter contained or embodied in it.
 Whoever (M/F)…. EXCEPTION
 Selling, let to hiring, distributing, publicly exhibiting, circulating…  Public good
 Proposing of sale, hire, distribution, public exhibition, circulation…  Interest of science, literature, art or learning
 Making, producing, possessing….  Kept or used bona-fide for religious purposes
 Represented on or in
 Importing, exporting or conveying… o Any ancient monument (the Ancient
 Taking part in or receiving profits from such business… Monuments and Archeological Sites and
 Advertising, making known by any means… Remains Act-1958)
o Any temple, or any car used for the
 Offering or attempting to do any act.… conveyance of idols
PUNISHMENT
First Conviction – imprisonment for 2 years, and with fine of Rs. 2000
Subsequent Conviction – imprisonment for 5 years, and with fine of Rs. 5000
NATURE OF OFFENCE
Cognizable – Bailable – Non-compoundable – Triable by any Magistrate
7
I. OBSCENE ACTS
Sections – 292, 293 & 294
Sale etc. of Obscene Objects to Young Persons (Sec-293)
 Obscene Object – a book, pamphlet, paper, writing, drawing, painting, representation, figure
or any other object – tend to deprave and corrupt persons to read, see or hear the matter
contained or embodied in it.
 Whoever (M/F)…
 Selling, let to hiring, distributing, publicly exhibiting, circulating…
 Offering or attempting of sale, hire, distribution, public exhibition, circulation…
 To any person (M/F) under the age of 20 years
PUNISHMENT
First Conviction – imprisonment for 3 years, and with fine of Rs. 2000
Subsequent Conviction – imprisonment for 7 years, and with fine of Rs. 5000
NATURE OF OFFENCE
8
I. OBSCENE ACTS
Sections – 292, 293 & 294
Obscene Act and Songs (Sec-294)
 To the annoyance of others.
 Does any obscene acts in any public place.
 Sings, recites or utters any obscene songs, ballad or words…
 In or near any public place.
PUNISHMENT
Imprisonment for 3 months, or fine, or with both.
NATURE OF OFFENCE
9
II. SOFT-CORE SEXUAL OFFENCES
Sec-509
Word, gesture or act – to insult the modesty of woman
Sec-354
Assault or Cr. force– to outrage the modesty of woman
SEXUAL OFFENCES
SOFT-CORE
Sec-354(A)
Sexual Harassment
Sec-354(B)
Assault or Cr. force– to disrobe
Sec-354(C)
Voyeurism
Sec-354(D)
Stalking
10
Sections – 509, 354, 354A, 354B, 354C, & 354D
Insulting Modesty of woman with word, gesture or act (Sec-509)
 Intention to insult the modesty of a woman Important Case-laws

 The insult must be caused by…
• Emperor Tarak vs. VR Das Gupta AIR 1926 Bom
o Uttering words, or 159
o making any sound, or Accused was a graduate – wrote letter – English
o Gesture, or nurse – containing indecent proposals – punished
Exposing private part of offender’s body, or
o
under Sec-509.
o Exhibiting any object
 Such word or sound – shall be heard by such woman, or
 Such gesture or object – shall be seen by such woman
 Must be caused by intruding upon the privacy of such woman.
PUNISHMENT
Simple imprisonment for 3 years, and with fine.
NATURE OF OFFENCE
Cognizable – Bailable – Compoundable with the permission of the Court – Triable by any Magistrate
11
Sections – 509, 354, 354A, 354B, 354C, & 354D
Outraging Modesty of woman with assault or Criminal Force (Sec-354)

 The aggrieved party must be a woman (= the female of human being of any age).
 The accused person must assault or use criminal force against her.
 The accused person must have the guilty intension or knowledge.
 The accused person must be knowing the fact, that he will there by outrage the modesty of that woman.
 Words, or indecent proposal, or any gesture + assault, or Cr. Force + outraging the modesty of a woman
 Modesty is a virtue which attaches to a female owing to her sex.
 The act of….Pulling a woman; Removing her saree; Coupled with a request for sexual intercourse; Touching her breasts;
Touching the flesh of a sleeping woman with corrupt mind; putting hand in woman’s “middi”; Some action on the part of
the accused to have sexual connection with her; …
 Amounts to offence under sec-354 of IPC.
PUNISHMENT
Imprisonment for 1 year to 5 years, and with fine. (In Andhra Pradesh – 5 years to 7 years and with fine; special
reasons – imprisonment may be less than 5 years, but not less than 2 years)
NATURE OF OFFENCE
Cognizable – Non-bailable – Non-compoundable – Triable by any Magistrate.
12
Sections – 509, 354, 354A, 354B, 354C, & 354D
Outraging Modesty of woman with assault or Criminal Force (Sec-354)

Important Case-laws
 State of Maharashra vs. Mahesh 1994 Cr. LJ 2536 (Bom.)
A woman – morning - to get water – village well – accused caught her – forcefully pulled her – towards him – she
resisted – bangles were broken - injured – convicted – under Sec-354.
 Jai Chand vs. State 1990 Cr. LJ 2039 (Del.)
Accused – forcibly pulled a woman on bed – broke the string of pyjama – tore her underwear – did not undress
himself – offence fell under Sec-354 – not attempt to rape.
 Rupan Deol Bajaj vs. Kanwar Pal Singh Gill 1995 6 SCC 194 = AIR 1996 SC 309
Accused is a superior rank police officer – slapped the back(buttock) of lady IAS officer – in a party in public
place – SC held – offence under Sec-354.
 State of Punjab vs. Major Singh AIR 1967 SC 63
 The SC held – A woman possesses modesty from her birth till death – modesty is inherent in a female – the
essence of modesty is in female sexuality.
 Vishaka vs. State of Rajasthan (1997) 6 SCC 241 = AIR 1997 SC 3011 = (1998) BHRC 261 = (1997) 2 CHRLD 202
 The SC laid down the principles relating to “SEXUAL HARASSMENT OF WOMAN AT WORKPLACE” – inspiration
for – Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013
13
Sections – 509, 354, 354A, 354B, 354C, & 354D
Sexual Harassment (Sec-354-A)
 A man shall be guilty of sexual harassment, if he commits any of the following acts…
PUNISHMENT
i. Physical contact and advances involving unwelcome and explicit sexual overtures, or
Imprisonment for
ii. A demand or request for sexual favours, or
3 years, or with
iii. Showing pornography against the will of a woman, or
fine, or with both
iv. Making sexually coloured remarks
PUNISHMENT
Imprisonment for 1 year, or with fine, or with both
NATURE OF OFFENCE
Cognizable – Bailable – Deemed Non-compoundable – Triable by any Magistrate.
14
Sections – 509, 354, 354A, 354B, 354C, & 354D
Disrobing woman with assault or Criminal Force (Sec-354-B)
 A man shall be guilty of offence under Sec-354-B, if he…

 Assaults or uses criminal force against any woman
 Abets her with an intention of disrobing, or
 Compelling her to be naked
PUNISHMENT
Imprisonment for 3 years to 7 years , and with fine.
NATURE OF OFFENCE
Cognizable – Non-bailable – Deemed Non-compoundable – Triable by any Magistrate
15
Sections – 509, 354, 354A, 354B, 354C, & 354D
Private Act includes..

Voyeurism (Sec-354-C)
• A place which would be
A man shall be guilty of offence under Sec-354-C, if he…
expected to provide
 Watches, or a woman engaging in a “private act” privacy and where…
 Captures the image of  the victim’s genitals,
 Where she would usually have the expectation of not being observed by posterior or breasts are
perpetrator or any other person at the behest exposed or covered only
(request/command/direction/order) of the perpetrator, or in underwear, or
 Where the victim consents to the capture of the images or any act, but  the victim is using a
not to their dissemination to third persons and where such image or act is lavatory, or
disseminated.  the victim is doing a sexual
act (that is not of a kind
ordinarily done in public).
PUNISHMENT IN FIRST CONVICTION PUNISHMENT IN SUBSEQUENT CONVICTION

Imprisonment for 1 years to 3 years, and with fine. Imprisonment for 3 years to 7 years, and with fine.
NATURE OF OFFENCE NATURE OF OFFENCE
Cognizable – Bailable – Deemed Non- Cognizable – Non-bailable – Deemed Non-
compoundable – Triable by any Magistrate compoundable – Triable by any Magistrate
16
Sections – 509, 354, 354A, 354B, 354C, & 354D
Stalking (Sec-354-D) EXCEPTIONS

A man shall be guilty of offence under Sec-354-D, if he…  for the purpose of
 Follows a woman and contacts, or attempts to contact such woman preventing or detecting
 To foster personal interaction repeatedly a crime
 Despite a clear indication of disinterest by such woman.  with the responsibility of
preventing or detecting
 Monitors a woman with the use of internet, e-mail or any other form of
a crime
electronic communication.
 pursued under any law
 With reasonable and
justified conduct
PUNISHMENT IN FIRST CONVICTION PUNISHMENT IN SUBSEQUENT CONVICTION

Imprisonment for up to 3 years, and with fine. Imprisonment for up to 5 years, and with fine.
NATURE OF OFFENCE NATURE OF OFFENCE
Cognizable – Bailable – Deemed Non- Cognizable – Non-bailable – Deemed Non-
compoundable – Triable by any Magistrate compoundable – Triable by any Magistrate
17
III. HARD-CORE SEXUAL OFFENCES
Sec-375
Rape (punishment -Sec-376 Para-I)
Sec-376
Custodial Rape (Sec-376 Para-II)
SEXUAL OFFENCES
Sec-376(A)
HARD-CORE
Rape + Death/Permanent Vegetative state of woman
Sec-376(B)
Sexual intercourse by husband upon his wife during separation
Sec-376(C)
Sexual intercourse by a person in authority
Sec-376(D)
Gang Rape
Sec-376(E)
Punishment for Repeat Offenders
EXPLANATIONS
Rape: Section – 375
 “Vagina” shall also includes “labia majora”.
 “Consent” means an unequivocal agreement by words, gesture or any form, which is communicated her willingness to participate in a
18
specific sexual act.
into Against her will
Penetrates his penis,
to any extent Vagina
Urethra Without her consent
Inserts any object, Anus

to any extent With her consent, under…
A man..
Mouth o Fear of death or hurt

o Misconception of facts RAPE
or o She is under 18 years girl
Manipulates any part
of the body of a Makes her o If she is ..
woman so as to to do so • Insane, or
cause penetration • Intoxicated, or
• Hypnotized
With him, or
Applies his mouth to any other When she is unable to
person communicate consent
PUNISHMENT EXCEPTIONS
Rigorous Imprisonment for 7 years to imprisonment for life and with fine. 1. Medical procedure or intervention
NATURE OF OFFENCE 2. Sexual intercourse by a man with his own wife,
Cognizable – Non-bailable – Deemed Non-compoundable – Triable by COS who is above the age of 15 years
19
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Custodial Rape (Sec-376 Para-II)
 Whoever, commits rape, being…..

PUNISHMENT
o A Police Officer Rigorous Imprisonment for
o Public Servant 10 years to imprisonment
o Member of Armed Forces for life (the remainder of
o Management of jail, remand home, woman’s or children’s institution that person’s natural life)
o Management of hospitals and with fine.
o Relative/ guardian/ teacher/ person in a position of trust or authority towards woman
o In a position of control or dominance over a woman NATURE OF OFFENCE
 Commits rape during communal or sectarian violence Cognizable – Non-bailable
 Commits rape on pregnant woman – Deemed Non-
 Commits rape on under 16 years girl compoundable – Triable
 Commits rape on a woman incapable of giving consent by COS
 Commits rape on a woman suffering from mental or physical disability
 Commits rape repeatedly on the woman
 While committing the rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman
20
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape + Death/Permanent Vegetative state of woman (Sec-376A)
 Committal of rape
 In course of such committal, there should be an injury
 The injury should cause…
o Death of the woman, or
o Persistent vegetative state of the woman
PUNISHMENT
Rigorous Imprisonment for 20 years to
imprisonment for life (the remainder of
that person’s natural life) or with death.
NATURE OF OFFENCE
Cognizable – Non-bailable – Deemed
Non-compoundable – Triable by COS
21
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Sexual intercourse by husband upon his wife during separation (Sec-376B)
 Sexual intercourse by a man

 With his own wife
 Without her consent
 At the time of such sexual intercourse, she should living separately from him
 Separation may be under a decree of separation or under custom or usage
Section 376B
It aims at the preservation of family institution by
ruling out the possibility of false, fabricated and
motivated complaints of rape by wife against her PUNISHMENT
husband. Imprisonment for 2 years to 7 years and with fine
NATURE OF OFFENCE
Cognizable (but only on the complaint of the victim) – Bailable
– Deemed Non-compoundable – Triable by COS
22
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Sexual intercourse by a person in authority (Sec-376C)

 Sexual intercourse by a person
o In a position of authority, or
o In fiduciary relationship, or
o Public servant, or
o Superintendent or manager of..
• a jail,
• remand home or other place of custody, PUNISHMENT
• women’s / children’s institution, or Rigorous Imprisonment for 5 years to 10
o Management of a hospital years and with fine.
 Abusing such position or fiduciary relationship
NATURE OF OFFENCE
 To induce or seduce any woman..
Cognizable – Non-bailable – Deemed
o His custody Non-compoundable – Triable by COS
o Under his charge
o Present in the premises
 Such sexual intercourse not amounting to rape
23
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Gang Rape (Sec-376D)
 Rape + …..
 By one or more persons
o Constituting a group, or
o Acting in furtherance of a common intention
 Each of those persons shall be deemed to have committed the offence of rape (Joint Liability)
PUNISHMENT
Rigorous Imprisonment for 20 years to imprisonment for life (the remainder of that person’s natural
life) and with fine to be paid to the victim.
NATURE OF OFFENCE
Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
24
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Punishment for Repeat Offenders (Sec-376E)

 Whoever has been previously convicted or is subsequently convicted of the following offences..
o Sec-376 (Rape, Custodial Rape)
o Sec-376A (Rape + Death / Persistent Vegetative state of woman)
o Sec-376D (Gang Rape)
PUNISHMENT
Imprisonment for life (the remainder of that person’s natural life) or with death.
NATURE OF OFFENCE
Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
25
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
 Nirbhaya Rape Case
Nirbhaya (not her name) was beaten, gang raped, and tortured in a running bus – after 13 days she died - the incident
generated widespread national and international coverage - Public protests took place in New Delhi .
Govt. amended IPC, CRPC, IEA, and POCSO Acts - in 2013.
 Tukaram vs. State of Maharashtra (Madhura Rape Case) AIR 1979 SC 185
A minor Harijan girl - raped by two policemen - in the Police Station - Trial Court acquitted – the HC convicted – the SC
acquitted the accused
IEA was amended – Sec.114A has been inserted – the court presumes that no consent was given by the victim – the
burden of proving consent of the victim is shifted from the prosecution to the defence.
 State of Karnataka vs. Krishnappa 2000 Cr.LJ 1793 (SC)

A 49 years man – raped 7 years girl – Trial Court convicted with 10 years imprisonment
HC reduced to 4 years – on the ground - ‘unsophisticated and illiterate citizen belonging to weaker section of society’
SC reversed – ‘ the measure of punishment in a case of rape cannot depend upon the social status of the victim or
accused – must depend on conduct of the accused , state & age of the victim and gravity of the criminal act’.
26
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
 State of Maharashra vs. Madhukar N. Mardikar 1991 (1) SCC 57
Sub-Inspector of Police arrested some prostitutes - raped a prostitute - in the PS – lodged a complaint
against him – SI contended - rape would not applicable to prostitute – but, Trial Court, HC & SC convicted him.
 Srilal vs. State of M.P. AIR 2008 SC 2314

Father, who raped his daughter, deserves no leniency of punishment and it is an unpardonable act.
 State of M.P. vs. Verendra Singh AIR 2006 SC 572

Sentence should not be reduced below statutory minimum without reasons.
 Rafiq vs. State of U.P. AIR 1981 SC 559

Rape for a woman is deathless shame and must be dealt with as the gravest crime against human dignity.
27
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
 Pramod Mehta vs. State of Bihar AIR 1989 SC 1475
Four persons – with force – entered into a house – charged with raping – young unmarried girl – medical
evidence also supported – the fact of rape – conviction for all – even only one has committed rape.
 Bhupinder Sharma vs. State of Himachal Pradesh AIR 2003 SC 4684

Every member of such a group deserves the minimum sentence.
 Praveen Kumar vs. Union Administration AIR 2006 SC 2992

Rape committed by one person equally binds the other persons.
28
Important Provisions of IEA, CRPC & IPC on Rape
Important Provisions of Indian Evidence Act 1872 on Rape
 Sec-114A: Presumption as to absence of consent in certain prosecution for rape.
 Sec-53A: Evidence of character or previous sexual experience is not relevant.
 Sec-119: If the witness is unable to speak may give her evidence by writing, or using signs. The
Court shall take the assistance of an instructor or special educator in recording the statement,
and such statement shall be videographed.
 Sec-146: Putting questions on the general immoral character, or previous sexual experience, of
such victim with any person - for proving consent or the quality of consent - in cross-examination
of the victim – shall not be permissible.
Other Provisions of Indian Penal Code 1860 on Rape

 Sec-228: Disclosure of the name of the victim is punishable.
29
Important Provisions of IEA, CRPC & IPC on Rape
Important Provisions of Criminal Procedure Code 1973 on Rape
 Sec-26: Offence under Sections-376, 376A to 376E of IPC shall be tried as far as practicable by a Court
presided over by a woman.
 Sec-154: If the information is given by the victim, then such information shall be recorded by a woman police
officer or any woman officer.
 If the victim is mentally or physically disabled (temporarily or permanently), then such information shall be
recorded by a police officer, at the residence / convenient place of such the victim’s choice, in presence of
an instructor or special educator and such information shall be videographed.
 Sec-164: The Judicial Magistrate shall record the statement of the victim. If the victim is mentally or physically
disabled (temporarily or permanently), then such information shall be recorded with the assistance of an
instructor or special educator.
 Sec-357B: Compensation to the victim in addition to fine (if the rape is committed under Sec-376D of IPC).
 Sec-357C: All hospitals, public or private, shall immediately, provide the first-aid or medical treatment to the
victims without charging any cost.
30
IV. UNNATURAL OFFENCES
Section-377
Man
Man
Woman
Woman
Animal
o Sodomy
o Homosexual Sodomy (gays and lesbians)
o Heterosexual Sodomy (M’s penis – W’s anus (anal sex))
o Bestiality
o M/W - animal
PUNISHMENT
Imprisonment for Life or imprisonment for 10 years, and with fine.
NATURE OF OFFENCE
Cognizable – Non-bailable – Non-compoundable – Triable by Magistrate of First Class
31
IV. UNNATURAL OFFENCES
Section-377
Unnatural Offence (Sec-377)
Important Case-laws
 Khandu vs. Emperor AIR 1934 Lah. 261
The accused placed his penis into the nostril of a bullock – convicted under Sec-377.
 Sate of Kerala vs. K.Govindan 1969 Cr.LJ 818 (Ker.)

An act of inserting the male organ between the thighs of another amounts to an unnatural offence contrary to
Section-377.
 Lohana Vasantlal Doechand vs. Sate of Gujarat AIR 1968 Guj. 252
Mere penetration is sufficient to constitute the carnal intercourse and seminal discharge is not necessary.
 Brother John Antony vs. State 1992 Cr.LJ 1352 (Mad.)

Insertion and manipulation & movement of insertion of penis into mouth of the victim boy and doing the act of
incarnal intercourse up to the point of ejaculation of semen into mouth, fall within the sweep of Sec-377.
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INDIAN PENAL CODE -1860

OBSCENE ACTS & SEXUAL OFFENCES

AGAINST STATE/GOVT/PUBLIC ETC.

Chapter-6: Offences against the State

AGAINST STATE/GOVT/PUBLIC ETC.

Chapter-6: Offences against the State

SOFT-CORE HARD-CORE UNNATURAL

1. Sec-292 1. Sec-509 1. Sec-375

Sale etc. of Obscene Objects to Young Persons

Insulting Modesty of woman with word, gesture or act (Sec-509)

 Intention to insult the modesty of a woman Important Case-laws

Outraging Modesty of woman with assault or Criminal Force (Sec-354)

Outraging Modesty of woman with assault or Criminal Force (Sec-354)

Sexual Harassment (Sec-354-A)

Disrobing woman with assault or Criminal Force (Sec-354-B)

 A man shall be guilty of offence under Sec-354-B, if he…

Private Act includes..

PUNISHMENT IN FIRST CONVICTION PUNISHMENT IN SUBSEQUENT CONVICTION

Stalking (Sec-354-D) EXCEPTIONS

PUNISHMENT IN FIRST CONVICTION PUNISHMENT IN SUBSEQUENT CONVICTION

Rape + Death/Permanent Vegetative state of woman

Urethra Without her consent

Inserts any object, Anus

Mouth o Fear of death or hurt

Custodial Rape (Sec-376 Para-II)

 Whoever, commits rape, being…..

Rape + Death/Permanent Vegetative state of woman (Sec-376A)

Sexual intercourse by husband upon his wife during separation (Sec-376B)

 Sexual intercourse by a man

Sexual intercourse by a person in authority (Sec-376C)

Gang Rape (Sec-376D)

Punishment for Repeat Offenders (Sec-376E)

 State of Karnataka vs. Krishnappa 2000 Cr.LJ 1793 (SC)

 Srilal vs. State of M.P. AIR 2008 SC 2314

 State of M.P. vs. Verendra Singh AIR 2006 SC 572

 Rafiq vs. State of U.P. AIR 1981 SC 559

 Bhupinder Sharma vs. State of Himachal Pradesh AIR 2003 SC 4684

 Praveen Kumar vs. Union Administration AIR 2006 SC 2992

Important Provisions of Indian Evidence Act 1872 on Rape

 Sec-114A: Presumption as to absence of consent in certain prosecution for rape.

 Sec-53A: Evidence of character or previous sexual experience is not relevant.

Other Provisions of Indian Penal Code 1860 on Rape

Important Provisions of Criminal Procedure Code 1973 on Rape

 Sate of Kerala vs. K.Govindan 1969 Cr.LJ 818 (Ker.)

 Brother John Antony vs. State 1992 Cr.LJ 1352 (Mad.)

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