DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY
VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

FEMALE CRMINALITY

SUBJECT

CRIMINOLOGY

NAME OF THE FACULTY

Dr. VARALAKSHMI

Name of the Candidate

Roll No. & Semester
B. RATNA SUPRIYA: 2015018

SEVENTH SEMESTER
ACKNOWLEDGMENT:

I would sincerely and heart fully like to put my perfect appreciation to our
respected Dr. VARALAKSHMI (Mam), for giving golden opportunity to take up this project
regarding “FEMALE CRIMINALITY”. I am trying my level best to this project to collect
information by various sources in various possible ways and to depict clear picture regarding the
given project topic.
INTRODUCTION:

The history of mankind reveals that the woman has been the foundation stone of a family in
particular and society in general. Especially in India, a woman is seen as preserver of social
norms, traditions, customs, morality and family cohesiveness. In the present world a woman has
taken up added responsibility of making a mark of her own to have an identity along with
nurturing her family. However, it is sad to see that women’s achievement is also getting
extended towards criminality in the social, cultural, economic and political milieu of India.
Female Criminality in India is at rise along with the increase in crime against woman. The issue
has reached to an alarming level which has compelled all the socially responsible scholars to
focus on root cause of female turning to criminal activities in larger numbers. Female criminality
has been theoretically stated as complicated; less understood and subject to easy control. The
social environment contributes a lot to the making of women criminals.

The gravity of the challenge increases manifold when we go through the available data on crime
from the National Crime Records Bureau (NCRB). While women criminals are still a minority-
they comprise only 6.3% (NCRB Crime report 2009) of the criminals convicted for crimes under
IPC (Indian Penal Code). The Crime in India Reports reveal that the number of females arrested
for criminals activities in 2003 were 1,51,675, and this shot up to 1,54,635 in 2007. Also,
interestingly, the nature of crimes committed by them too, is gradually witnessing a sea change -
from softer crimes like drug trafficking and prostitution to heinous crimes as murder. 3439
women were arrested for murder in 2005; 3812 in 2007 and 4007 in 2009 that is an increase from
5.4% in 2005 to 6% in 2007 and 6.4% in 2009 (NCRB figures).

Studying the available data, it is observed that along with the increase in total crime rate, crime
committed by women is increasing. The total percentage of female criminals among the total
criminals arrested for committing various crimes in 2001 has risen from 5.4% to 6.2% in 2011.
Looking at the figures one would think that it is hardly 0.8% increase in a decade. However,
going into details, it is observed that the nature and severity of crimes in which women are
involved has undergone drastic change. Earlier there were lesser records of women involving in
heinous crimes, however as time passed, women arrested for much harder and sophisticated
crimes is at rise. There is a need to understand the pattern of female criminality and this article
moves in this direction.
This project deals with type of causes of female criminality emerging due to socioeconomic
changes and provides recommendations to prevent women from becoming offenders.

STATISTICAL REPRESENTATION OF FEMALE CRIMINALITY IN INDIA (Govt. OF

INDIA, 2011)

Table 1: Persons Arrested under IPC Crimes in India (2001 & 2011)

 In Table 1, the crimes committed in India, are shown head-wise and gender-wise for the
years 2001 and 2011.
 The table shows the change in nature and ratio of crime committed by female in a decade.
This table is prepared for the comparative study of the crime rate within a decade in India
 which shows an increasing trend and female criminality getting extended from minor crimes
to heinous crimes.
 Total crimes committed by female increased from 144608 to 193555 that is the percentage
increase of crimes committed by female increased from 5.4% in 2001 to 6.2% in 2011.
 Female committing heinous crimes like murder is at rise from 4.6% in 2001 to 6.3% in 2011
and attempt to commit murder by female has increased from 2.6% to 4.2% in a decade.

Diagram 1: Percentage of type of crimes by Female (2011)

 The diagram 1 shows the percentage of type of crimes committed by female in the year
2011.
 It is evident that among the reported crimes, the highest percentage of 33 is for the ones
which are petty crimes that are put under the heading ‘other IPC crimes’, followed by
household crimes at 21%, which are done with collaboration with men and other
relatives, third being cases of hurting someone physically at 19%, followed by taking
active part in riots at 10% and performing theft at 4%.
  Remaining crimes like dowry deaths, cheating, murder, and attempt to commit murder
are placed at 2%.
 And finally, crimes like kidnapping, abduction and molestation are lesser than 1%.

Diagram 2: Percentage to total female arrest under IPC crimes (2009-2011)

 Diagram 2 depicts a multiple bar graph that shows the percentage to total female
arrested under IPC crimes of three years from 2009 to 2011.
 In the above diagram, crimes committed by female like Cruelty by husband and
relatives, Dowry deaths, Importation of girls and Hurt are taken into consideration.
 As from year 2009 to 2011, these crimes have seen a rapid increase. Cruelty by
husband and relatives increased from 22.9% in 2009 to 23.7% in 2011.
 Dowry deaths have seen a rise from 19.4% in 2009 to 22.2% in 2011. In spite of
stringent laws against dowry and the crimes related to it, this social stigma continues to
haunt our society.
 Women hurting other women are on the rise. Importation of girls as compared to other
crimes have seen drastic rise in 3 years.
  The percentage of importation of girls has increased from 8.1 to 22.4, which clearly
shows the increased flesh trade in India and female contribution or involvement in such
crimes.
 Finally crimes related to hurt and murder has remained on low profile and seen a slight
increase in percentage.

Diagram 3: Number of female arrested under IPC crimes (2009-2011)

 Diagram 3 shows the total number of female arrested under IPC crimes from the year
2009 to 2011.
 It shows that though in percentages the crime rate looks meager as compared to male
contribution to similar crimes. However, when seen in numbers, they give us an idea
of the amount of crimes female is involved in.
 In the above diagram we can see that the top five crimes committed by female have
seen an increase in numbers from the year 2009 to 2011.
  Other IPC crimes increased from 56801 to 63953, depicting the increase in petty
crimes committed by women. Cruelty by husband and relatives show a slight decline
due to the stringent laws against dowry related crimes.
 Thus, it has slightly come down from 41531 to 41298. Crimes related to female
involved in hurting others have increased in numbers from 34258 in 2009 to 36063 in
2011.
 Female involved in riots related crimes has increased from 17144 to 19461 from 2009
to 2011. Finally, theft crimes committed by female saw a slight dip in 2010 as it
lowered to 6193 from 6991 in 2009 but increased in 2011 to 6806.

Diagram 4: Number of female arrested under IPC harsh crimes (2009-2011)

 Diagram 4 depicts a multiple bar graph that shows the number of female arrested under IPC
harsh crimes in three years from 2009 to 2011.
 In the above diagram, harsh crimes committed by female like Dowry deaths has reduced in
numbers from 5182 to 4764 owing to stringent laws against dowry related crimes.
 Heinous crime like murder has seen a fluctuating trend wherein the number of murder
committed by female was 4007 in 2009 and went down to 3798 in 2010 and shot up to 4443
in 2011.
 Attempt to commit murder has increased in numbers from 2748 in 2009 to 3179 in 2011.
Followed by, kidnapping and abduction, this has seen an increasing trend from 2031 in 2009
to 2517 in 2011.
 Molestation is another one of the harsh crimes that has increased in numbers from 1280 in
2009 to 1698 in 2011.
 Finally, sexual harassment cases are very less and the only possible reason is that this kind
of crimes not usually reported.

LEGAL PROVISIONS FOR WOMEN PRISONERS

Specific legal and administrative provisions exist with respect to women suspects and prisoners.
These provisions are intended to provide directions to the police, courts and prison authorities in
the handling of this group of women prisoners.

A. Prison Act, 1894

1) Section 24(3) provides that in the case of female prisoners, the search and examination
(on admission) shall be carried out by the matron under the general or special orders of
the Medical Officer.
2) Section 27(1) provides that in a prison containing female as well as male prisoners, the
females shall be imprisoned in separate buildings, or separate parts of the same
building, in such manner as to prevent their seeing, or conversing or holding any
intercourse with male prisoners.
3) Section 46 states that no female shall be liable to the imposition of any form of
handcuffs or letters, or to whipping, as punishment for prison offences.

B. Criminal Manual Issued by the High Court of Bombay, 1960:

Women accused of any offence if arrested soon after childbirth, cannot be at once taken before
the magistrate as this may cause personal suffering and risk to health. They should not ordinarily,
be removed until they are in a proper condition to travel. In such cases, sanction must be
obtained by the police from the nearest magistrate for their detention at their homes, or in the
dispensary beyond a period of 24 hours allowed by Section 61 of the Criminal Procedure Code.

C. Criminal Procedure Code, 1973:

1) Sections 51(2) and 100(3) make it obligatory that a woman should be searched by
woman, and with strict regard to decency.
2) Section 160(1) Criminal Procedure Code prohibits the police from requiring any
woman to appear at any place other than the place of her residence for the purpose of
examination by police.
3) Section 53(2) states that the medical examination of a female accused should be
conducted only by or under the supervision of a woman medical practitioner.
4) Section 437 provides that in the case of a non-bailable offence, a court (not being the
sessions or high court) may direct a woman accused to be released on bail.
5) Section 360(1) provides that a woman of any age, if convicted of an offence (not
punishable with death or imprisonment for life), and with no previous conviction, may
be released on probation for good conduct instead of serving the sentence (in contrast, a
man would have to be below 21 years of age to obtain this benefit; or, if over 21 years,
to be convicted of an offence punishable with fine only or with imprisonment for seven
years or less).
6) Section 416 enacts that if a woman sentenced to death is found to be pregnant, the High
Court shall order the execution of the sentence to be postponed and may, if it thinks fit,
commute the sentence to imprisonment for life.

D. Maharashtra Prison Manual, 1979:

This has a separate chapter dealing with women prisoners. References to women are also found
in other chapters. While it is not feasible to transcribe all these provisions here, the subjects
covered are as follows: search, segregation, clothing, ornaments, facilities in barracks,
pregnancy, childbirth, care of children of women prisoners, medical aid, interviews, limits of
cellular confinement for women, educational and vocational training, release, women staff and
their duties.
These provisions refer on the whole, to convicted female prisoners, but would be applicable to
under trials confined in the women’s section. Where under trials are specifically mentioned, the
regulations are generally inclusive of both men and women - contrasting the treatment of under
trials with that of convicts.

RECOMMENDATIONS

1) Preventive Measures
 It is said that prevention is better than cure and having said that, in case of crime and
prevention, that too in a vast and diverse country like India, is a humongous task. Crime
prevention among females in India is even bigger challenge because it is difficult to
recognize the vulnerable areas and people especially women, easily.
 General awareness of the role of woman in a society, her rights and laws for them should
be briefed to the uneducated women.
 Legal awareness and awareness about illegal activities and to report or keep themselves
away from illegal activities should be provided by social service/ adult education units.
Sex education plays an important role wherein the women indulge in crime following
lack of awareness regarding sex-rackets and flesh trade. And also need to be informed
about the harsher laws against being a part of such crimes.
 Constructive social action movement to spread awareness is important. In order to reduce
tensions in the family or society it is advisable for couples and families to undergo Pre-
marital and post-marital counseling.
 It is necessary to treat domestic violence cases harshly to avoid future crimes and laws
against dowry must be implemented properly.

2) Corrective measures
 Female criminals who are serving their term in the prison due to crime committed by
them or in collaboration with other companion / companions, should be given a chance
to rectify or correct their ways so that when they finish their term and come out of the
 prison, they should be a lady with no criminal attributes, well informed and more aware,
which would enable her to stay away from the crimes and other criminals. Most women
are deprived of their liberty and do crimes to break off the chains of cruel traditions.
 Such women should be given enough support and help to be independent and do
something worthwhile for herself, her family and her kids. In prisons, women are
engaged in various activities like cooking, tailoring, gardening, painting, handicrafts etc.
which is a positive initiative and helps a lot to improve their self respect and confidence.
 Proper public awareness is also a need as a criminal returning to her society is not
accepted and is taunted by everyone. This might result in her ending up committing
other harsher crimes.
 People need to be made aware of the rights of a reformed criminal as they too have the
right to continue with their life as before.
3) Rehabilitative and Supportive measures
 Under rehabilitative and supportive measures, a female criminal should be given chance
to fulfill her parental responsibilities. Attention should be paid on providing female
prisoner with proper medical aid and even on rehabilitation.
 In case a female offender suffers from a mental condition and she comes out of prison
after serving her term, she would probably continue to commit crimes because the
problem still subsists in her, and who knows it would have probably even become from
bad to worse.
 Caretaking of children of imprisoned mothers should be done or they should be allowed
to be in touch with their kids and relatives. Access to legal advice should be provided as
most of the women come to prison for no mistake of their own.

Modern Justice System and Chivalry:

 Many people believed that female offender if punished are dealt with greater leniency
than male offender because they are considered more gender sensitive and other reason
is modern punitive philosophy is based on Chivalry. Chivalry means treating others,
especially women with courtesy, sympathy and respect. The chivalry theory states that
women are treated more leniently than men by the criminal justice system. Police are
less likely to charge women and the courts will tend to give women a lighter sentence,
 even when they have committed the same offences as men. Thus chivalry represents the
idea that the criminal justice system puts women on a ‘pedestal’ and treats them like a
‘protector’.
 In the modern justice system women appear to be more favorably treated by the courts
for the commission of the same offenses as men. Several writers have tested the
‘chivalry’ hypothesis by comparing differential sentences on women and men and also
examining the language and behavior of participants in court proceedings. Chivalry is
one of the main strands of Eaton’s (1986) works and she reviews many other studies in
this field including the work of Nagel (1980) and Moulds (1980) in the USA. This work
appears to show women receiving less severe sentences than men, yet seriousness of
crimes and length of record were not controlled.
 There is always a sharp debate among the scholars regarding the treatment of the women
offenders in the criminal justice system. As far as the treatment meted out to the
offenders in the prisons is concerned, some scholars have argued that women offenders
should be treated differently from male inmates because they are more gender sensitive
than their male counterpart. Other group of scholars argued that crime is an abnormal
activity; the punishment should therefore be the same for the inmate whether the person
is a male or a female so that there is no space for leniency for anyone and both male and
female inmates are treated equally in the criminal justice system. It is an infringement of
an established social order that calls for a stringent action irrespective of who the doer is.
Many women offenders are likely to be incarcerated now than at any previous time in
history and the criminal justice system appears to be more willing to imprison women.
So there is a continuing debate whether equality under the law is necessary for both men
and women.

Double jeopardy occurs when women who are often subject to additional informal system of
social control and social justice also face the formal legal apparatus of the courts. It is clear that
women already experience sanctions other than those of official agencies (Heidensohn
1985:103).

Three major themes stand out as illustrating and these are:

a) Chivalry, courts and police

 b) Prison and penal policies
c) Philosophy and justice.

Since almost all female offenders are first offenders and criminal behavior is not part of
their life organizations, their imprisonment and banishment from society fail to bring about the
required change in attitudes and values towards society. The sentence has to be adjusted to the
character and the treatment needs of the offenders and should taken into account the causal
factors in their crimes. Thus, chivalry in short appears to be a concept which should be practiced
by the courts and in modern times many courts are practicing it.

 The notion of chivalry can be best explained through the different case-laws related to
women that are discussed below:

CASE LAWS

1) State Of Tamil Nadu Through Superintendent Of Police, CBI/SIT Vs Nalini And

Others
 On the night of 21 May 1991 a diabolical crime was committed. Rajiv Gandhi, former
Prime Minister of India, was assassinated by a human bomb in Tamil Nadu. With him
15 persons including 9 policemen perished and 43 suffered grievous or simple injuries.
Assasin Dhanu, an LTTE (Liberation Tigers of Tamil Elam) activist, who detonated the
belt bomb concealed under her waist and Haribabu, a photographer (and also a
conspirator) engaged to take photographs of the horrific sight, also died in the blast.
 A camera was found intact on his body at the scene of crime. The film in the camera
when developed led to unfolding of the dastardly attacks committed by the accused and
others.
 A charge of conspiracy for offences under the Terrorist and Disruptive Activities
(Prevention) Act, 1987; Indian Penal Code,1860; Explosive substances Act 1908; Arms
Act 1959; Passport Act 1967; Foreigners Act 1946; Indian wireless Telegraphy Act
1933; was laid against 41 persons, 12 of whom were already dead and 3 absconded.
 All were awarded death sentence on the charge of conspiracy to murder under S120B
read with S302 IPC and various other minor offences.
  Nalini along with the deceased accused Sivarasan, Dhanu and Shubha met Haribabu,
met at a bus stand and proceeded to the venue of the public meeting on 21st May 1991.
Nalini provided cover to Dhanu and Shubha and when Rajiv Gandhi arrived, Dhanu
gained access near him and while in close proximity to him, she detonated the explosive
device kept concealed in her waist belt, resulting in the blast.
 The apex court by a unanimous verdict confirmed death sentence against Santhan,
Murugan and Arivu.
 As regards the extreme penalty of death to Nalini was concerned it was confirmed by
majority of 2:1 (JJ Wadhwa and Quadri concurred). Judge commuted sentence of death
to life imprisonment.
2) Regina v. Kiranjit Ahluwalia
 In September, 1992 Kiranjit Ahluwalia made news after she was released after serving
three and a half years of a mandatory life sentence for murdering her husband, Deepak,
whom she had drenched in petrol while he was sleeping and set alight
 Her retaliation followed 10 years of systematic abuse, but what caused her to flip on that
fateful evening was that he had pressed a hot iron against her, the scars of which she still
bears.
 Kiranjit was released by Appeal Court judges on ground of “diminished responsibility”.

3) Priya Payel v. State of M.P & Anr

 The present case holds its importance for being the only celebrated case in which the
question whether a lady may be prosecuted for gang rape has been taken up.
 The facts of the present matter were that the prosecutrix was returning by train after
attending a sports meet. When she reached her destination, accused Bhanu Pratap Patel
(husband of the accused appellant) met her at the railway station and told her that her
father has asked him to pick her up from the railway station.
 The prosecutrix accompanied accused Bhanu Pratap Patel to his house. He committed
rape on her. When commission of rape was going on, his wife, the present appellant
reached there.
  The prosecutrix requested the appellant to save her. Instead of saving her, the appellant
slapped her, closed the door of the house and left place of incident. On the basis of the
complaint lodged, investigation was undertaken and charge-sheet was filed.
 While accused Bhanu Pratap Patel was charged for rape under IPC, the appellant was
charged for commission of offences punishable under Sections 323 (punishment for
causing hurt) and 376(2)(g) (punishment for committing gang rape) of IPC.
 The revision filed before the High Court questioned legality of the charge framed so far
as the appellant is concerned, relatable to Section 376(2) (g) IPC. It was contended that a
woman may not be charged for commission of offence of rape.
 The High Court was of the view that though a woman may not commit rape, but if a
woman facilitates the act of rape, Explanation-I to Section 376(2) comes into operation
and she may be prosecuted for gang rape.
 The Supreme Court, apparently, had a different view. The apex court held that, after a
reading of Section 375 of the IPC, rape may be committed only by man. A contention
was raised by the counsel of the state that the woman may be held liable for Abetment as
under section 108 of the IPC. The court on this said that such contention should have
been raised in the trial court or in High Court, but it may not be done in the Supreme
Court.

It is to be noted that while deciding cases, court should look at the reasons and compelling
factors which led a women to commit that particular crime. As observed in most of the above
cases, our unbiased social system is one of the main reasons why women resort to crime as
retaliation to her suppression. That’s why the court imported the concepts such as “diminishing
responsibility” (as in the case of Kiranjit Ahaluwalia), battered women’s syndrome etc. Attention
should be paid on providing her with proper medical aid and even rehabilitation. In case a female
offender suffers mental disturbance and she comes out of prison after serving her term,
probability to her committing crimes goes higher. Many of the feminists writers who were
critical of conventional criminology, it’s treatment of female offenders and of gender and crime
have moved on to focus on gender and the criminal justice system and they have been joined by
others whose research in this area has been within a broadly feminist framework.
Thus the present system of justice delivery and punishment needs to be replaced by a system
based on social investigation and consideration of personality make-up and the circumstances in
which the crime was committed. Sentences wholly unrelated to the feelings, attitudes and values
of the offenders and the compelling situations and circumstances in which these develop are less
likely to succeed in their retributive, deterrent and reformative aims.

PROS AND CONS OF FEMALE CRIMINALITY

Pros

1) More women are committing crimes than in the past, but they have not yet caught up with
men.
2) The gender gap in crime is partly explained by women’s weaker criminal abilities and greater
risk aversion.
3) Since having young children reduces a woman’s propensity to commit crimes, subsidies for
having children might reduce female criminality.
4) Married women are more likely to have children and to be able to insure against negative
income shocks through their husbands’ incomes, thus reducing their propensity to crime.
5) Reducing wage disparities across female skilled and unskilled workers might decrease the
propensity of women to commit crimes.

Cons

1) Traditional policies to fight crime have not distinguished between women and men, as not
enough is known about what motivates female criminals.
2) Technological progress and social norms have freed women from the home, increasing their
participation in both the labor market and the crime market.
3) A higher participation of women in the labor market might increase female participation in
the crime market.
4) Convergence in the social roles of women and men might increase crimes committed by
women.
5) The judicial system seems to be more lenient toward female offenders.