Women’s Rights Under Indian Penal Code (IPC)
A society is run not by a single person but by a number of people and the most salient feature that has made society successful is the heterogeneous nature of the society. Women have formed one of the major elements of this society. But the position of women in the society has been varying since ancient times. family lawyer in chandigarh
History of Woman’s In India:-
The position of India pre-independence was rather in a deteriorated. There were a number of social evils against the women that were present in the society like the purdah system, the system of Sati, child marriage, and slavery. these systems became so prevalent in the society that the birth of a girl child started to be seen as a curse more than a blessing. This led to a large number of female feticides in the country. Women were not given education as their main task was considered to be related to the household. family lawyer in chandigarh
When the Britishers arrived in India, they saw the vast differences between the two sections of the society, i.e., males and the females. They brought about certain changes in the society which helped improve the position of women in the country. They abolished Sati by The Abolition of Sati Act, 1813, and also passed a number of other acts like The Hindu Widow Remarriage Act,1856, Married Women’s Property Act, 1874, The Child Marriage Restraint Act (Sharda Act), 1929, etc. family lawyer in chandigarh
(Read More Here About Report Of Sh RAJA RAM MOHAN ROY AND THE ABOLITION OF SATI SYSTEM IN INDIA)
Besides these Acts, many other steps and legislations were also passed like female feticide was now considered to be murder. Many of the social reformers also started working for the welfare of women in the society. The best way to do the same was considered to be by educating the Indian girls. The education of women, in turn, enabled them to procure jobs like teaching, or related to medical profession like nurses or doctors, etc. Once the women in the country started to become educated, it also led to the increase of the age of marriage of girls in the country.
Besides the different steps taken up by the Britishers, the Government of India also took various steps to improve the position of women in the country. Decades after independence have seen various changes in the position of women in the society. It has moved to a position of utter degradation to a position of somewhat equality. The Constitution of India itself laid down the equality of sexes as a fundamental right.
But even after so many steps taken up by the government the position of women is still inferior to men. This inequality has also led to the many offences against women. Women are the victims of offences like rape, sexual harassment, stalking, etc. family lawyer in chandigarh
The Indian Penal Code, 1860 deals with such crimes and provides provisions to penalize the culprit who commits any such heinous crimes against any woman.
Law In Relation To Rape Cases Under Indian Penal Code (IPC)
Section 375 in The Indian Penal Code
Rape –A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: —
Firstly — Against her will.
Secondly —Without her consent.
Thirdly — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
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 nature and consequences of that to which she gives consent.
Sixthly — With or without her consent, when she is under sixteen years of age.
Exception —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
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EXPLANATION: – Section 375 of the Indian Penal Code defines the term ‘rape’. According to this section, any man who under the provided six circumstances has sexual intercourse with any woman will have said to commit rape of that women.
- If any person has sexual intercourse with any woman against her will, i.e., in a situation where that woman is not willing for the said act, hen that person is said to have committed the rape of that women.
- If any person has sexual intercourse with any woman who has not given her consent for the said act then that person will be considered to have committed the rape of that woman.
- If any person has sexual intercourse with a woman after gaining her consent but that consent has been gained by putting her of any person in whom that woman has an interest in a fear of hurt or of causing death, then that consent will not be considered to be a valid consent and the said person will have committed the rape of the woman.
- If any person, who is not the husband of the woman, wrongly portrays himself to be the husband of that woman, and has sexual intercourse with her, then that person will have committed the offence of rape against that woman.
- If any person gives or administers any substance to any woman, which causes unsoundness of mind, intoxication, or has stupefying effect on the woman, and under the influence of such substance gives her consent for the act for which she is not aware about then that consent will not be considered to be a valid consent and if the man has sexual intercourse with the woman in such a state then that man will have committed the rape of the woman.
- If any person has sexual intercourse with any woman with her consent but where she is below 16 years of age, then that consent will not be regarded as a valid consent and the said act will be considered to be an act of committing Rape.
Section 376 in The Indian Penal Code
Punishment for rape. —
- Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
- Whoever, —
- being a police officer commits rape—
- within the limits of the police station to which he is appointed; or
- in the premises of any station house whether or not situated in the police station to which he is appointed; or
- on a woman in his custody or in the custody of a police officer subordinate to him; or
- being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
- being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
- being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
- commits rape on a woman knowing her to be pregnant; or
- commits rape on a woman when she is under twelve years of age; or
- commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
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EXPLANATION: – this section of the Indian Penal Code provides for the punishment for any person who has committed the offence of rape. Any person who commits the offence of rape shall be punished with an imprisonment of not less than 7 years and may also be liable for imprisonment for life or may be imprisoned for a term of 10 years and may also be liable for fine. In case the victim is his wife and is not less than 12 years of age in which case he shall be liable for imprisonment of 2 years with fine. In such a case, the court has to provide certain special circumstances as to why the imprisonment granted is less than 7 years.
If any person commits the offence of rape that falls under subsection 2 of the said section shall be liable for rigorous imprisonment of a term which may not be less than 10 years and will also be liable for fine. In any case where the court specifies that the imprisonment granted is for a time period of less than 10 years, then the special reason for the same has to be specified in the judgement.
Section For Abusive Language and Outraging The Modesty Of A Woman Under Indian Penal Code (IPC)
Section 354 in The Indian Penal Code
Assault or criminal force to woman with intent to outrage her modesty. —
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
EXPLANATION:- This section deals with the punishment for any act which may lead to the outraging of the modesty of any woman. This act of outraging should be done by using assault or criminal force. The Indian Penal Code, in it’s section 351 explains the term assault as: in any situation in which any person makes any gesture or any preparation intending or knowing it likely that if any person present sees such gestures or preparation, that person will have the apprehension that the person making such preparations may use criminal force against them, then this is known as assault. Section 350 explains the term criminal force as the use of force against any person without that person’s consent in order to commit any offence or knowing it likely that the use of such force may cause annoyance, injury or fear in the mind of the other person then this is known as the use of criminal force. If any person uses assault or criminal force with the intention of outraging the modesty of any woman, then that person will be punished with imprisonment of a term which may extend to 2 years or with fine or with both. This section any also cover the offences for beating a woman and harassment of women.
Section 354A of the Indian Penal Code
Sexual harassment and punishment for sexual harassment.
- A man committing any of the following acts –
- physical contact and advances involving unwelcome and explicit sexual overtures, or
- a demand or request for sexual favours; or
- showing pornography against the will of a woman; or
- making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
- Any man who commits the offence specified in clause (I) or clause (ii) or clause (iii) of sub-section (I) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
- Any man who commits the offence specified in clause (iv) of sub-section (I) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
EXPLANATION:- Any person who has any physical contact and advances that include unwelcomed and explicit acts of beings over friendly or making any offer to sexual intercourse in an unsubtle manner, or, if any person asks for any type of sexual favours from any woman, or, if any person shows pornography to any woman without her consent, then that person shall be punished for a term that may extend to three years or with fine or with both.
If in any case, any person makes any sexually coloured remarks to any woman shall be guilty of the crime of sexual harassment and shall be punished with an imprisonment for a term that may extend to one year or with fine or with both. family lawyer in chandigarh
Section 354B in the Indian Penal Code
Assault or use of criminal force to woman with intent to disrobe.
Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
EXPLANATION: – If any person uses criminal force or assault with an intention to disrobe any women or with an intention to make any woman naked, then that person shall be punished with an imprisonment of a term which shall not be less than 3 years but which may extend to upto 7 years and shall be also be liable for fine.
Section 354C in the Indian Penal Code
Voyeurism
Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
EXPLANATION: – if any person watches any woman or captures the image of any woman when she is engaging in any private act, in a situation where she is of the belief that nobody is watching her or where she does not expect any person himself or on behalf of that person, to observe her, and that person further spreads the pictures captured, then that person will be liable under this section and would be punished for a term which shall not be less than 1 year but which may extend to 3 years and shall also be liable for fine, in case the offence had been committed for the first time. In case the offence is committed for the second time or subsequent times, then the person shall be punished with an imprisonment for a term not less than 3 years but which may extend to 7 years and shall also be liable for fine. family lawyer in chandigarh
Section 354D in the Indian Penal Code
Stalking
- Any man who—
- follows a woman and contacts, or attempts. to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman;
- monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
- it was pursued for the purpose of preventing or detecting crime and the man accused of stalking bad been entrusted with the responsibility of prevention and detection of crime by the State; or
- it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
- in the particular circumstances such conduct was reasonable and justified.
- Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.’.
EXPLANATION:- If any man follows any woman or contacts any woman or attempts to contact any woman repeatedly, even after clear indications or statement by the woman showing disinterest in any personal interaction with that man then that person will be regarded as stalking that woman. Also, if any man keeps a watch over the internet, email or any other electronic device of the woman without her knowledge, then that person is said to have committed the offence of stalking. A person will be said to not have committed the offence of stalking even after he does all the acts mentioned above when he does these acts for the detection or prevention of any crime and the person who does these acts has been entrusted with the duty or responsibility of detection and prevention of crimes. He will also not be considered to commit the offence when the acts were done in compliance with any condition or requirement under law or the direction given by someone who has the authority of law, or in a situation where such conduct which may look like stalking, is reasonable and justified. family lawyer in chandigarh
Any person who commits the offence of stalking shall be punished with an imprisonment of a term which may extend to 3 years and shall also be liable for fine. In the second or any subsequent conviction, the person shall be liable for imprisonment for a term which may extend for a term of 5 years and shall also be liable for fine.
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Section 326A in the Indian Penal Code
Voluntarily causing grievous hurt by use of acid, etc.
Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: family lawyer in chandigarh
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
EXPLANATION: – If any person causes grievous hurt to any person, or hurts, or maims, or burns, or disfigures, or disfigures any part of the body of any person with the use of acid or by using acid, then that person will be said to have committed an offence under this section. the person liable under this section does the act with the full knowledge and intention that this act of his is likely to cause hurt or injury. The term ‘acid’ in the said section means any substance that has a corrosive nature, meaning that such substance will cause hurt, bodily injury leading to scars or disfigurement or temporary or permanent disability. The permanent or partial deformity in this section does not require to be of an irreversible nature.Such person shall be punished with an imprisonment of a term which shall not be less than 10 years but which may extend to imprisonment for life and shall also be liable for fine. The fine imposed under this section should be just and reasonable meaning that it should cover all the medical expenses of the victim and the fine imposed shall be paid to the victim.
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Section 326B in the Indian Penal Code
Voluntarily throwing or attempting to throw acid, etc.
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent of partial damage or deformity of burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years, but which may extent to seven years and also be liable to fine. family lawyer in chandigarh
EXPLANATION: – If any person throws or attempts to throw acid on any other person or attempts to administer acid or any other substance to any person with an intention to permanently damage or disfigure, or to permanently cause disability or deformity, or to cause grievous hurt to any other person, then that person shall be liable under this section. such person shall be punished with an imprisonment for a term which shall not be less than 5 years but which shall extend to 7 years and shall also be liable for fine. The term acid and deformity mean the same as in section 326A of the IPC. family lawyer in chandigarh
The main difference between section 326A and 326B of the IPC is that Section 326A gives the punishment for throwing acid and Section 326B gives the punishment for attempting to throw acid.
Law In Relation To Domestic Violence Against Women Under Indian Penal Code.
Section 498A in the Indian Penal Code
Husband or relative of husband of a woman subjecting her to cruelty. —
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
EXPLANATION:-This section has been added in the Indian Penal Code to safeguard a woman after her marriage and to protect her from the cruelty of her husband and her in-laws. Any person, who is the husband of a woman or any relative of the husband, does cruelty on such woman shall be punished with imprisonment for a term which may extend to 3 years and shall also be liable for fine. In the said section, cruelty means any conduct by the husband or the relative of such husband as may drive the woman to commit suicide or to cause grave injury or hurt to herself or any part of her body. It also includes the harassment of the woman by forcing her or any of her relative to perform any illegal or unlawful act or to meet any such unlawful demand for property or valuable security.
(Click Here To Read About Article On Domestic Violence In India)
Law in Relation To Dowry Death under Indian Penal Code
Section 304B in the Indian Penal Code
Dowry death
- Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
- Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
EXPLANATION: – If death is caused within 7 years of the marriage of the woman by way of burns or any other type of bodily injury which is not under normal circumstances and which is caused by the husband or any member of the family of the husband in demand for dowry, or in a case where the woman is subjected to cruelty and harassment for the same, then such a death is termed as dowry death. In such a case, the husband and the relative will be termed to have caused the death of such woman. Such husband or relative will be liable for punishment of imprisonment for a term which shall not be less than 7 years but which may extend to imprisonment for life. family lawyer in chandigarh
Conclusion:- There are a number of laws that have been formulated in the country for the protection of women, but, irrespective of this fact, the crimes against women are on a rise every day. Another way to see this is that a greater number of women now have the courage to report the crimes that take place against them and hence the numbers of crimes reported are on a rise. But irrespective of this fact, the crimes against women are at an all time high and these laws are not proving to be helpful in curbing them. It is important to understand that the mere implementation of these laws will not help create a safer society for the women in the country. The people need to have a fear of law in their minds and above all, a respect for the women in their eyes. The vast delays in the implementation of the provisions of the Acts have also led to the convicts to not fear the law. Therefore, it has become very essential that the laws become stricter and more stringent. There is a need to make the country safer and more developed not only for one gender but for both. family lawyer in chandigarh
Note: In this article we have tried our best to cover about the maximum legal provisions available under Indian Penal Code for offences against women’s in India, it has been written by one of our best Intern Namely, Ms. Sukriti Jaswal, student of BALLB from Lovely Professional University. For any further information or to know more about this topic, you may contact us on given numbers. family lawyer in chandigarh
