This article has been written by Mr. Yash Tated, a 2nd year LLB Student from Adhia College of Law, Mumbai.
Abstract
Offences against women under the Indian legal code (IPC) refers to the varied criminal acts that are committed against women in India. The IPC is that the primary legal code that governs all criminal acts in India, and it includes several provisions that address crimes against women. Some of the foremost common offences against women under the IPC include rape, harassment, violence, and dowry deaths. Other offences include stalking, voyeurism, acid attacks, and trafficking of girls. The Indian government has taken several measures to deal with these offences against women, including amending the IPC and introducing new laws like the Protection of girls from violence Act, 2005. However, despite these efforts, offences against women still be a significant problem in India, and there’s still much work to be done to make sure the security and security of girls within the country.
Introduction
Offences against women are a significant concern in India for an extended time. Women in India are subjected to varied sorts of violence, including rape, harassment, violence, and trafficking. These crimes not only violate the essential human rights of girls but also hamper their social, economic, and political development. To address these issues, the Indian legal code (IPC) has provisions that affect crimes committed against women. However, despite the existence of those provisions, crimes against women still occur at an alarming rate in India. This essay aims to supply a summary of offences against women under the IPC in India. The essay will discuss the varied sorts of crimes committed against women, the legal provisions that address these crimes, and therefore the challenges that exist in enforcing these provisions. The essay also will discuss the measures taken by the Indian government and civil society to deal with these issues and therefore the need for further action to make sure the security and security of girls in India.
Details of the Topic
Offenses related to Marriage
Chapter XX (Section 493-498), IPC deals with offenses related to marriage. Title XX-A, containing only one section (Section 498A) dealing with cruelty to a woman by her husband or his relatives to compel her and her parents to fulfil the material greed of dowry, was added to the IPC by the Penal Code (2nd Amendment) Act of in 1983.
This chapter lists the main offences:
Fake or void marriages (Section 493 and 496);
Bigamy (Section 494 and 495);
Adultery (Section 497);
Criminal escape (Section 498);
Cruelty by spouse or relatives of spouse (Section 498A)
Section 493: – Cohabitation caused by a man fraudulently inducing the belief of Legal Marriage
Any man who fraudulently causes a woman who is not legally married to him to believe that she is legally married to him, and that she has cohabited or had intercourse with him in that belief, shall be punished with imprisonment of any description for the term , which can be extended to ten years and will also be punishable by a fine.
Section 496: – Marriage Ceremony performed fraudulently without Lawful Marriage
Whoever dishonestly or with fraudulent intent undergoes the ceremony of marriage, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.
Section 494: – Remarrying during the lifetime of the Husband or Wife
Whoever, having a husband or wife alive, contracts a marriage in any case where such marriage is void by reason of having taken place during the lifetime of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven. years and also faces a fine.
Exception- This section shall not apply to any person whose marriage to such husband or wife has been declared void by a court of competent jurisdiction, or to any person who entered into a marriage during the lifetime of the former husband or wife, if such husband or wife at the time of the subsequent marriage is with absent from such person continuously for a period of seven years and is not heard by such person during that time to be alive, provided that the person contracting such subsequent marriage shall, before entering into such marriage, inform the person with whom such marriage is contracted of the true state of the facts, if are within his knowledge.
Section 495: – The same crime with concealment of a previous marriage from the person with whom the marriage is subsequent
Whoever commits the crime mentioned in the previous paragraph by concealing the fact of the previous marriage from the person with whom the subsequent marriage is concluded, shall be punished with imprisonment of any kind for a period of up to ten years and shall also bear a fine.
Section 497: – Adultery
Whoever has intercourse with a person who is and knows or has reason to believe to be the wife of another man, without the consent or consent of that man, and such intercourse does not constitute the crime of rape, is guilty of the crime of adultery and shall be punished with imprisonment of any kind for a term which may extend to five years or with fine or with both. In such a case, the wife will not be punished as cheating.
Section 498: – Enticing or taking away or detaining with criminal intent a married woman
Whoever takes or entices away any woman who is and knows or has reason to believe to be the wife of another man, from that man, or from any person caring for her on behalf of that man, with intent that she may have unlawful intercourse with by any person or with such intent to conceal or detain such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
In Alamgir v. State of Bihar [v] it was observed that if a man knowingly leaves with the wife of another in such a manner as to deprive the husband of control over her, with the intention of having illicit intercourse, then it would constitute an offense within the meaning of the section.
Section 498A – Cruelty
A husband or relative of a woman’s husband who subjects her to cruelty.
Whoever is the husband or relative of a woman’s husband exposes her to abuse, will be punished with imprisonment for up to three years and also with a fine.
The meaning of cruelty
Cruelty includes both physical and psychological abuse. Wilful conduct in Explanation (a) to section 498A, I.P.C. can be inferred from both direct and circumstantial evidence. The word cruelty has been given a wider meaning in the explanatory clause appended to this section.
Section 304B: – Death dowry
The Indian Penal Code defines it as-
If the death of the woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is proved that she was subjected to cruelty or molestation shortly before her death. 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 of at least seven years, but with imprisonment for up to life.]
Section 294 – Obscene acts and songs
Anyone, to the annoyance of others,
Performs any obscene act in any public place, or
sings, recites or utters any obscene song, ballad or words in or near any public place;
He shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both.
Section 509: – Intent to insult the modesty of a woman
The offense must be caused by –
By uttering any words, or making any sound, gesture, or exhibiting any object so as to be heard or seen by such woman, or
By interfering with the privacy of such a woman
Section 354: – Assault of criminal force to woman with intent to outrage her modesty.
Whoever assaults or uses criminal violence against a woman with intent to outrage or knowing that it is likely to be done by insulting 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.
Section 354A – Sexual harassment and punishment for sexual harassment
The following acts or behaviour constitute the crime of sexual harassment
Physical contact and advances involving unwelcome and explicit sexual overtures; or
requesting or soliciting sexual favors; or
sexually suggestive remarks; or
violently displaying pornography; or
Any other unwelcome physical, verbal or non-verbal behaviour of a sexual nature.
Whoever commits the act referred to in paragraph 1 letter i) or ii), shall be punished with rigorous imprisonment for a term which may extend to five years or with fine, or with both.
Whoever commits an offense under clause (iii) or iv) or v) of sub-section 1 shall be punished with imprisonment of either description for a term which may extend to one year or with fine., or with both. Assaulting or using criminal force on a woman with intent to disrobe.
Section 354B: – Assault or use of criminal force to woman with intent to disrobe.
Whoever in any public place assaults or uses criminal force on any woman, or induces to do so, with intent to strip her or compel her to be naked, shall be punished with imprisonment of either description for a term not less than three years, but which may be extended to seven years and with a fine.
Section 354C – Voyeurism
Whoever observes or apprehends a woman in private conduct in circumstances where she would ordinarily expect not to be observed by the offender or by any other person at the offender’s command shall be punished on first conviction. to imprisonment of either description for a term of not less than one year, which may extend to three years, and shall also be liable to fine and, on a second or subsequent conviction, to imprisonment of either description for a term which shall not be less than three years, but may be extended to seven years, and is also subject to a fine.
Section 354D: – Stalking
Who follows a person and contacts or attempts to contact such a person for the purpose of establishing personal communication repeatedly, despite a clear indication of disinterest on the part of such person, or who monitors the use of the Internet, e-mail or other form of electronic communication or monitors or spies on a person in a manner which results in fear of violence or serious alarm or anxiety in the mind of such person, or disturbs the peace of mind of such person, commits the offense of stalking: provided that the conduct does not amount to stalking, if the person who pursued him shows –
- i) that he was monitored for the purpose of preventing or detecting criminal activity and the person accused of stalking was charged by the state with responsibility for preventing and detecting criminal activity; or
(ii) that it was pursued under any law or in accordance with any condition or requirement imposed by any person under any law; or
(iii) that the conduct was reasonable in the particular circumstances.
Whoever commits the crime of stalking shall be punished by imprisonment of any kind for a term of at least one year, but may be up to three years, and shall be punished with a fine.
Section 376: – Rape
Rape is a type of sexual assault initiated by one person against the consent of another in order to force sexual intercourse. In India, rape is defined under Section 375 of the Indian Penal Code with its aggravated forms under Section 376 I.P.C.
Rape under the Indian Penal Code
Rape, its definition, elements and punishments are given in 375-376. These sections were substantially amended at the recommendation of Judge J.S. Verma Committee, which was set up in the wake of the gang-rape case on 16 December 2012. The amendment was made to make the provisions more inclusive while giving stiffer punishment.
Conclusion
In conclusion, offences against women under the Indian legal code (IPC) are a big concern in India. Women in India are subjected to varied sorts of violence, and these crimes have serious consequences on their physical, emotional, and social well-being. The IPC has provisions that affect these crimes, but the implementation of those provisions is usually inadequate. There are challenges in enforcing these provisions thanks to factors like the patriarchal mindset, social stigma, and lack of awareness. The Indian government has taken several measures to deal with these issues, like amending the IPC and introducing new laws like the Protection of girls from violence Act. However, more must be done to make sure the security and security of girls in India. Civil society has a crucial role to play in raising awareness about these issues, providing support to victims, and advocating for change. It is essential to make a society that respects and values women and their rights. the govt and civil society must work together to make a safer and more inclusive environment for ladies in India, where they will live their lives free from fear and violence. Only then can India truly become a nation where women are empowered and may participate fully altogether aspects of life.
Reference
https://blog.ipleaders.in/offences-against-women/
Aishwarya Says:
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to secondinnings.hr@gmail.com
Join our Whatsapp Group for latest Job Opening