A CRITICAL ANALYSIS OF THE OFFENCES AGAINST WOMEN UNDER INDIAN PENAL CODE,1860

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This Article is written by Priyanka Shukla of 3rd Semester of Veer Bahadur Singh Purvanchal University, an intern under Legal Vidhiya.

ABSTRACT

In India, offences against women begin even before their birth. Despite the continuous advancements and achievements of women in the 21st century, a troubling reality persists, many families, including educated and literate ones, still harbor a strong preference for male children. This preference often leads to illegal practices such as gender-based prenatal determination and attempts to coerce the mother into aborting female foetuses. Regrettably, these offenses commence long before the girl child is born. Tragically, in some instances, these crimes extend beyond birth, where newborn female infants may be abandoned or subjected to attempts on their lives upon discovering their gender. This pervasive and deeply ingrained bias casts a dark shadow over the status of women in society.”

No child deserves to face discrimination or harm simply due to their gender. While the law prohibits these harmful acts, ongoing cultural change through education is still needed to ensure all girls can grow up in a society that values them equally. Progress requires a sustained, multifaceted effort from legal, governmental, and social institutions.

Keywords: Rape, sexual harassment, dowry deaths, domestic violence, discrimination

INTRODUCTION

“Yatra naryastu pujyante ramante tatra Devata,

yatraitaastu na pujyante sarvaastatrafalaah kriyaah”

“Where Women are honored, divinity blossoms there, and wherever women are dishonoured, all action no matter how noble it may be, remains unfruitful.”

“In ancient Indian scriptures like the Rigveda, women held positions of high esteem in society. Extensive literature details the accomplishments and heroism of women from the Vedic era through modern times. However, due to socioeconomic changes over time, women saw a decline in status and representation. Harmful customs restricted women’s roles and freedoms. Official data reveals decreasing gender ratios, health outcomes, literacy rates, and political/economic participation among women in recent decades. Concurrently, issues like child marriage, domestic violence, sexual abuse, and exploitation of female workers have become widespread challenges. While social and legal protections for women have strengthened, more progress is still needed to ensure equality, dignity, and empowerment for all. Ongoing efforts aim to curb discrimination, prioritize women’s safety, bolster their

education and livelihood opportunities, and increase inclusion in leadership and decision-making. With continued reform and collective action, it is hoped that the full potential and contributions of women will be realized for an equitable and prosperous society.”[1]

The Indian Penal Code (IPC) was enacted as Act No. 45 of 1860.[2] It came into force on 1st January 1862. As stated in the Preamble, the primary objective of enacting the IPC is to provide a “general penal code for India.” The code aimed to consolidate and codify the criminal laws in India at the time, covering a wide range of criminal offenses and specifying the corresponding penalties.

The Indian Penal Code of 1860 contains several provisions to protect women from criminal acts. Sections related to kidnapping, abduction, rape, sexual harassment, cruelty by husbands or relatives, dowry deaths, and other crimes disproportionately impact women in India. While the law aims to safeguard women’s rights and security, enforcement remains inadequate. Reports indicate that only a small fraction of gender-based crimes are reported to authorities. Among reported cases, conviction rates are also low. This suggests failures in effective investigation and prosecution. Recent amendments have been made to address this, including classifying crimes like stalking and acid attacks as independent offenses. However, changing entrenched social attitudes contributing to crimes against women will take longer. Strengthening the implementation of penal code sections through police training, fast-track courts, and awareness programs may help curb such crimes over time

2. MEANING OF VIOLENCE AGAINST WOMEN

Crimes against women refer to direct or indirect physical or mental harm targeting women specifically. Acts that are directed solely at women and where women are the sole victims constitute crimes against women. It is important to define violence against women as well. Violence encompasses any form of physical aggression, harm, or coercive control. Domestic violence occurs within a familial setting and can involve family members like children, spouses, or dependents. It can take many forms such as hitting, kicking, biting, shoving, restraining, or threatening behaviour. Broadly, it also includes emotional, psychological, financial, and sexual abuse aimed at controlling or dominating the victim. Issues affecting large segments of society include rape, kidnapping, murder, dowry deaths, domestic abuse of widows or the elderly, as well as social issues like female feticide, coercing widows into sati, and public harassment. The UN Declaration on the Elimination of Violence Against Women in 1993 defined it as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women.” This includes threats of such acts, coercion, and deprivation of liberty occurring privately or publicly. Protecting women’s rights and safety remains an ongoing priority.

3. CLASSIFICATION OF CRIME AGAINST WOMEN UNDER

INDIAN PENAL CODE (IPC): The Indian Penal Code of 1860 establishes provisions for the prosecution of individuals responsible for grave offenses against women. It encompasses specific sections within the IPC dedicated to addressing such crimes.

Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
Attempt to commit rape (Section 376/511)
Kidnapping and abduction for different purposes (Sections 363–373)
Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
Cruelty by husband or his relatives (Section 498A)
Outraging the modesty of women (Section 354)
Sexual harassment (Section 354A)
Assault on women with intent to disrobe a woman (Section 354B)
Voyeurism (Section 354C)
Stalking (Section 354D)
Importation of girls up to 21 years of age (Section 366B)
Word, gesture, or act intended to insult the modesty of a woman (Section 509)[3]

4. CRIME AGAINST WOMEN UNDER INDIAN PENAL CODE (IPC) IN INDIA

One of the most serious crimes that can be committed against any person is a sexual offense. The Indian Penal Code of 1860 contains several provisions to address sexual crimes committed against women to protect their dignity and right to consent. This article aims to explain some of the key sexual offenses under Indian law in a clear yet comprehensive manner.

RAPE (SECTIONS 375, 376, 376A, 376B, 376C, 376D AND 376E) :

(SECTION 375)[4] A man is said to commit “rape” if he–

a. penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person; or

b. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra, or anus of a woman or makes her do so with him or any other person; or

c. manipulates any part of the body of a woman to cause penetration into the vagina, urethra, anus, or any ~ of the body of such woman or makes her do so with him or any other person; or

d. applies his mouth to the vagina, anus, or urethra of a woman or makes her do so with him or any other person, under the circumstances falling under any of the following seven descriptions:- First.-Against her will. Secondly.-Without her consent.

Thirdly – 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, because of unsoundness of mind or intoxication or the administration by him personally or throughanother of anystupefying 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 eighteen years of age.

Seventhly.-When she is unable to communicate consent.

Provided that a woman who does not physically resist the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Punishment for rape. (SECTION 376)[5]

1. Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.

a. being a police officer, commits rape-

i. within the limits of the police station to which such a police officer is appointed; or

ii. in the premises of any station house

iii. on a woman in such police officer’s custody or in the custody of apolice officer subordinate to such police officer; or

b. being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

c. being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

d. being on the management or 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 women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or

e. being on the management or the staff of a hospital, committing rape on a woman in that hospital; or

f. being a relative, guardian, or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

g. commits rape during communal or sectarian violence; or

h. commits rape on a woman knowing her to be pregnant; or

i. commits rape on a woman when she is under sixteen years of age; or

j. commits rape, on a woman incapable of giving consent; or

k. being in a position of control or dominance over a woman commits rape on such woman; or

l. commits rape on a woman suffering from mental or physical disability; or

m. while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

n. commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Punishment for causing death or resulting in a persistent vegetative state of the victim.

( SECTION 376A)[6]

Whoever commits an offense punishable under sub-section (l) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes thedeath ofthe woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Sexual intercourse by husband upon his wife during separation(SECTION 376B)[7]

Whoever has sexual intercourse with his wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Sexual intercourse by a person in authority(SECTION 376C)[8]

Whoever, being-

a. in a position of authority or a 6duciary relationship; or

b. a public servant; or

c. superintendent or manager of a jail, remand home, or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or

d. on the management of a hospital or being on the staff of a hospital, abuses such position or 6duciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offense of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than 6ve years, but which may extend to ten years, and shall also be liable to fine.

Gang rape(SECTION 376D)[9]

Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.

Punishment for repeat offenders(SECTION 376E)[10]

Whoever has been previously convicted of an offense punishable under section 376 section 376A or section 3760 and is subsequently convicted of an offense punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.’.

2. ATTEMPT TO COMMIT RAPE (SECTION 376/511)

Whoever attempts to commit an offence punishable by this Code with 1[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 2[imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one- half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.

3. KIDNAPPING AND ABDUCTION FOR DIFFERENT PURPOSES

(SECTIONS 363–373) Kidnapping:

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

Section 360 in The Indian Penal Code – Kidnapping from India.

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.[11]

Section 361 in The Indian Penal Code – Kidnapping from lawful

guardianship.

Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful.

Section 361 of the Indian Penal Code outlines the offense of kidnapping from lawful guardianship. The courts have established certain guiding principles for this section beyond its essential elements, which include:

For minor girls, this section is applicable irrespective of whether she is married or unmarried. (State of Haryana vs Raja Ram, AIR 1973 SC 819)

The consent of the minor victim is not relevant to determining culpability under this section. (State of Haryana vs Raja Ram, AIR 1973 SC 819)

The intent or motive of the accused kidnapper is not a relevant consideration. (State of Punjab vs Sulekh Chand, AIR Punj. 83)

If the kidnapped girl is later found to be under 18 years of age, the accused can still be held liable even if they had a bona fide belief and reasonable grounds to think she was over 18. (Queen vs Prince, (1875) LR 2)

The defence that the minor girl was of loose moral character is not sufficient to absolve the accused of criminal liability. guardianship.[12]

4. MURDER, DOWRY DEATH, ABETMENT OF SUICIDE, ETC.

(SECTIONS 302, 304B AND 306):

MURDER (SECTION 302): Whoever commits murder shall be punished with death or 1 [imprisonment for life], and shall also be liable to fine.[13]

DOWRY DEATH (SECTION 304B) — (1) 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.[14]

ABETMENT OF SUICIDE(SECTION 306): If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.[15]

5. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY (SECTION 498A): 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.[16]

6. ASSAULT OF CRIMINAL FORCE TO WOMAN WITH INTENT TO OUTRAGE HER MODESTY (SECTION 354): Whoever assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, 1 [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine].[17]

7. Sexual harassment (Section 354A : Any man committing any of the following acts–

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favors; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually colored remarks,

shall be guilty of the offense of sexual harassment.

2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term that may extend to three years, or with a fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with a fine, or with both.[18]

8. ASSAULT ON WOMEN WITH INTENT TO DISROBE A WOMAN (SECTION 354B): 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 to disrobe or compel 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.[19]

9. Voyeurism (Section 354C): 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.[20]

10. Stalking (Section 354D): (1) Any man who–

(i) 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; or

(ii) 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-(i) it was pursued to prevent or detect crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on the 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.[21]

11. IMPORTATION OF GIRLS UP TO 21 YEARS OF AGE (SECTION 366B): Whoever imports into 1 [India] from any country outside India 2 [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with the intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 3 *** shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.[22]

12. WORD, GESTURE, OR ACT INTENDED TO INSULT THE MODESTY OF A WOMAN (SECTION 509): Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1 [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.[23]

HORRIFYING CASES THAT SHUDDERED ACROSS INDIA

NIRBHAYA CASE – On December 16, 2012, a 23-year-old physiotherapy intern was brutally gang raped and assaulted in a private bus in Delhi by six men. She suffered severe internal injuries and died 13 days later from the horrific attack. The case sparked massive public protests over women’s safety and rape laws in India. It led to major legal reforms through the Criminal Law Amendment Act, of 2013. The Justice Verma Committee recommendations led to raising the age of consent to 18, stricter punishments, and gender sensitization for police. The case brought attention to the need for continued reforms to ensure women’s safety and access to justice.[24]

SHAKTI MILLS GANG RAPE – The 2013 Mumbai gang rape, known as the Shakti Mills gang rape, involved a 22-year-old photojournalist interning with a media organization who was brutally gang-raped, and her male colleague was assaulted in the Shakti Mill complex in Mumbai. . This case highlighted the issue of sexual violence against women in India, sparking discussions on women’s safety, the need for stricter laws, and faster judicial processes in such cases.[25]

KATHUA GANG RAPE – The Kathua gang rape case, which took place in January 2018 in Jammu and Kashmir, India, involved the abduction, captivity, and brutal gang rape of an eight-year-old girl from a nomadic Muslim community in a temple. In June 2019, six of the accused were convicted, with three receiving life imprisonment and the other three sentenced to five years in prison. The case drew attention to the issue of child sexual abuse in India and the need for legal reforms to ensure justice for victims.[26]

VISHAKA VS STATE OF RAJASTHAN – In this case Banwari devi, a social worker sexually harassed and raped at work place in Rajasthan, The Supreme court held that sexual harassment pervertedness among victims was a violation of their fundamental rights as provided under Articles 14, 19 and 21. The Court defined sexual harassment as any physical touch or conduct, any unpleasant taunt or misbehaviour, showing of pornography and asking for any kind of sexual favours.[27]

RECENT DEVELOPMENTS RELATED TO OFFENCES AGAINST WOMEN

In recent years, several significant developments related to offences against women have occurred in India. One of the notable changes was the enactment of the Criminal Law (Amendment) Act, 2013, which introduced stricter provisions for crimes against women following the infamous Nirbhaya gang rape case. This amendment aimed to enhance the safety and security of women by addressing issues like rape, acid attacks, and harassment. Another crucial development is the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the POSH Act. This law mandates organizations to establish mechanisms for addressing and preventing sexual harassment at workplaces, ensuring safer environments for women employees. The Maternity Benefit (Amendment) Act, of 2017, extended maternity leave and benefits for working women, aiming to support their well-being during pregnancy and post-childbirth. This amendment recognizes the importance of women’s health and work-life balance. However, it’s worth noting that despite these legal advancements, recent data has shown an increase in crimes against women. According to the National Crime Records Bureau (NCRB), there was a 15.3% rise in such crimes in 2021, with 428,278 cases reported, compared to 371,503 in 2020. The number of complaints received by the National Commission for Women (NCW) in 2022 also reached its highest since 2014, highlighting the ongoing challenges in ensuring the safety and well-being of women in India.

CONCLUSION

In India, crimes against women persist despite the progress made in the 21st century. Gender-based discrimination and violence begin even before a girl child is born, with practices such as gender-based prenatal determination and female feticide still prevalent. This pervasive bias casts a dark shadow over the status of women in society. While there are legal provisions in place to protect women’s rights and safety, enforcement remains inadequate. Many cases of gender-based crimes go unreported, and conviction rates are often low. Cultural change through education is essential to address these issues effectively. The Indian Penal Code (IPC) contains specific sections to address crimes against women, including provisions related to acid attacks, rape, kidnapping, domestic violence, and dowry deaths. Recent amendments have aimed to strengthen these provisions, but changing deep-rooted social attitudes will require time and concerted efforts. Landmark judgments and case laws highlight the seriousness of acid attacks and the need for legal reforms and support for survivors. These cases serve as a reminder of the importance of protecting women’s rights and safety. In conclusion, while India has made strides in enacting laws to protect women, there is a pressing need for continued efforts to address gender-based discrimination and violence, improve enforcement, and promote cultural change to ensure equality, dignity, and empowerment for all women in the country.

REFERENCES