This article has been written by M.Subhadra from Sastra University and Neelam Prusty, a student of Madhusudan Law College, Odisha. The article deals with the provision relating to women offences under I.P.C.

Introduction

Violence against women in India is present in a large number than it just appears. We believe marriage is no longer an economic trap, divorce has become easier, single parenting and abortion are widely accepted and understood. India has experienced a woman Prime Minister and there are women who play an important role in the media. Women have grown but moved to the next page of the book. We find certain men who have not changed. This situation began to change when the nation recognized the sociological equality to women and punished the crimes against them, ensuring them a strong room. 

1. Offences against women

Causing a miscarriage of injuries to unborn children, of the exposure of infants, and of the concealment of births. 

Miscarriage includes offences both against the women and the child. 

Sections	Provisions	Punishments
Section 312	Causing miscarriage.	Seven years, and shall also be liable to pay fine.
Section 313	Causing miscarriage without woman’s consent.	Ten years, and shall also be liable to fine.
Section 314	Death caused by act done with intent to cause miscarriage. if the act is done without a woman’s consent.	Ten years, and shall also be liable to pay fine.

Section 312: Causing Mis-carriage

Whoever causes a miscarriage to a woman, not in good faith, to save the life of the woman, is said to commit the offence. 

Ingredients:

1. The miscarriage was not done in good faith. 
2. The women did not give consent to the miscarriage.

State of Maharashtra v. Flora Santuno Kutino 2007 Cri Lj 2233 (BOM): 

The respondent had an illicit relationship with a woman and impregnated her and caused miscarriage too. She died because of excessive bleeding he and other respondents of the case buried her. The trial court acquitted him. The High Court convicted him that the miscarriage caused by him was not in good faith saving the life of the deceased woman.

Section 313: Causing Mis-Carriage without Women Consent

Whoever commits the aforesaid offence, without the consent of the woman, is punished. 

Section 314: Death caused by act done with Intent to cause Mis-carriage

Anybody who acts in a way with an intent to causes miscarriage to the woman, and such an act causes the death of the woman, is punished. 

2. Offences against the  human body

Sections	Provisions	Punishments
Section 304-B	Dowry death	Imprisonment of seven tears which may extend to life imprisonment.
Section 354	Assault or criminal force to woman	Imprisonment one year but which may extend to five years, and shall also be liable to fine.
Section 354-A	Sexual harassment and punishment for sexual harassment	Imprisonment for a term which may extend to three years, or with fine, or with both for physical demand and asking for sexual favours.  Imprisonment of either description for a term which may extend to one year, or with fine, or with both for showing pornography and making sexually coloured remarks.
Section 354-B	Assault and use of criminal force to women with intent to disrobe	Three years but which may extend to seven years, and shall also be liable to fine.
Section 354-C	Voyeurism	Three years, but which may extend to seven years, and shall also be liable to fine.
Section 354-D	Stalking	Five years, and shall also be liable to fine.

Section 304 B: Dowry Death

A dowry may be in cash or kind which the bride’s family gives to the bridegroom on conditions of marriage. It had a great financial burden on the bride’s family. 

The section reads out that when a woman dies within seven years of her married life and it is proven that she was subject to cruelty and harassment by her husband or any of his relatives for dowry, then they are deemed to be the causators of her death.

Ingredients:

1. The woman should have died within seven years of her marriage.
2. Bodily injury should be present.
3. Cruelty and harassment should be established.
4. Such cruelty or harassment should be done in connection with the demand for dowry.

Kuldip Singh and Anr. Vs. State of Punjab:

It was decided that all ingredients must be satisfied and harassment and cruelty are to be proved, happening soon before death.

When the death of a woman is caused by bodily injury or burns within seven years of her marriage caused by her husband or any relatives of her husband with demand for dowry, such death is known as Dowry Death and shall be punished with imprisonment for a minimum period of seven years which may extend to life imprisonment.

In Mustafa Shahbodal Shaikh vs. State of Maharashtra, the deceased died in her matrimonial house within 7 months of her marriage. The parents of the deceased stated the deceased had said them about the torture that she is facing on account of dowry demand. The husband with the in-laws was convicted by the court for 7 years of imprisonment.

Section 354: Assault or Criminal Force to Women

Whoever uses criminal force to outrage the modesty of a woman or knows that such an act if done, will outrage the women’s modesty, is said to have committed an offence and shall be punished with imprisonment not less than five years.

Ingredients:

1. The assault must be on a woman.
2. He must have used criminal force against her.
3. Criminal force must be used to outrage the modesty of a woman. 

Rupan Deol Bajaj v. Kanwar Pal Singh Gill, AIR 1996 SC 309:

The petitioner was an IAS officer who was called to the IG office, the accused. The accused patted the complainants back. IG was accused under Sec 354 for such an offence.

3. The Criminal Law Amendment

The criminal Law amendment amended and inserted certain sections for protecting the rights of women under IPC. New offences like stalking, voyeurism; The Acid attack was incorporated  Don’t tell mutated into IPC. The law bill became an act on 3rd February 2013. It was popularly known as the Anti –Rape bill. 

Provisions before Amendment and after Amendment:

Before	After
The IPC dealt with sexual harassment but did not provide any special provision.  Section 354 dealt with all the sexual offences.	Provisions were created for sexual offences and were properly segregated. Sexual Harassment Assault or use of criminal force Voyeurism Stalking
Section 376: Rape Punishment: Imprisonment for life or 10 years and fine	Rape:  Punishment for seven years at the least, and may extend up to life imprisonment.  Rape Committed by the Servant or Public Servant:  Imprisoned for at least ten years.  On Death or the Vegetative State of Victim:  A punishment of life imprisonment, extending to death  Gangrape : Punishment of at least 20 years  Section 376 D: Punishment for gangrape on women under 16 years of age; Imprisonment for life and with fine   SECTION 376 DB:  Punishment for gangrape  on women under 12 years of age Imprisonment for life, with fine
Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman Punishment: Imprisonment for 1 year, or fine, or both	Acting any word or making any gesture intended to insert the modesty of a woman. Imprisonment for a term which may extend to three years, and also with fine

Ajahar Ali v. State of West Bengal, (2013) 10 SCC 31:

The victim was caught hold by the convict while going to her tuition with her friend and was kissed, forcibly as a result of which she started bleeding. It was contended that the offence committed therein was one under Section 354 IPC Supreme Court held that it was a heinous crime and the modesty of the woman.

Outraging the modesty of women (Section 354)

If any person assaults or uses criminal force on any woman with an intention to outrage her modesty, the person shall be punished with imprisonment for a minimum period of one year and a maximum of five years, and liable to fine.

In Rupan Deol Bajaj vs. K.P.S. Gill, the court stated that when an offence is related to the modesty of women, it could not be trivial under any circumstance. Therefore, the accused was held liable under Section 354, IPC.

In State of Punjab vs. Major Singh, it was held that the accused was liable for outraging the modesty of the child under Section 354, IPC. The court stated that the essence of a woman’s modesty is her sex. Young or old, intelligent or imbecile, awake, or sleeping; women possess a modesty capable of being outraged.

Word, gesture or act intended to insult the modesty of a woman (Section 509)

When a person with an intention to insult the modesty of a woman by intruding upon the privacy of a woman; or by making any gesture or sound, saying any word or showing any object, it comes under Section 509 of IPC.

The person who commits such offence shall be punished with simple imprisonment for a maximum period of three years with fine.

In Tarak Das Gupta, the accused was a graduate of a University who had wrote a letter to an English nurse containing indecent proposals and sent it to her in an envelope. The court held him accused for outraging the modesty of a woman.

Section 354 A: Sexual Harassment and Punishment for Sexual Harassment

Any person who does any of the following is said to have committed an offence:

1. Asks for sexual overtures;
2. Demands for sexual flavours;
3. Revenge pornography; and
4. Makes sexually coloured remarks.

Section 354 B: Assault and use of Criminal force to Women too with intent to Disrobe 

Any person, who uses criminal force on a woman or abets her to be naked or disrobes her, commits an offence. 

Ingredients:

1. The accused must be a man.
2. The intention of the man must be to disrobe a woman with the use of criminal force.

Section 354 C: Voyeurism

Voyeurism is a sense of satisfaction derived from watching a woman engaged in her sexual activities without her consent. It includes two types of offences.

1. Watching or capturing a woman engaged in her private activities.
2. Publicizing the image.

Ingredients:

1. The accused must watch or capture the image of women.
2. The woman captured must be engaged in her private act.
3. She must have not wished or consented to be observed by anybody.
4. The wrongdoer disseminates the image.

Section 354 D: Stalking  

It might be committed physically and through electronic media. It might be contacting or attempting to contact a woman repeatedly despite her disinterest. 

Ingredients:

1. The accused must be a man.
2. The accused should try to contact or contact the woman.
3. The accused might try to contact the woman through electronic sources too.
4. The contact must be done without the interest of the woman.

4. Sexual Offences

Section 375: Rape

It is carnal penetration of a man’s reproductive organ into a woman by fraud or force, against her will and consent. It violated the right to privacy and right to dignity of a woman. 

Ingredients:

1. MENS REA: The element of mens rea must be present. The sexual intercourse must satisfy the seven ingredients under Section 375.
2. ACTUS REA: There must be sexual intercourse in accordance with the element of mens rea. 

Mukesh & Anr vs State For NCT Of Delhi & Ors:

Nirbhaya, a paramedical student and her friend were returning home after watching a movie at PVR, select City Mall Saket. They were forced to get in an empty bus and were assaulted by 6 males including a minor. 

Nirbhaya was not only sexually violated, but her body was mutilated, pulling out of her intestine causing internal bleeding, her private parts were destroyed. She later died due to cardiac arrest and multiple organ failure. 

As a result of this, there were protests and demonstrations in India. Her case changed the laws, recognized women’s rights. The criminal amendment of 2013 was born. The amendment paved the way for all sorts of exploitations of the women to be redressed. 

The Supreme Court gave the death penalty to 4 men among the six, one committed suicide and the other was given a period of 3 years in a reformatory. 

Tuka Ram And Anr vs State Of Maharashtra:

Mathura was a woman between the age of 14- 16. She was a domestic helper who worked with one Ms Nushi. She wanted to marry her nephew which was not accepted by Mathura’s brother. He complained in the local police station that his nephew (Ashok) kidnapped Mathura.

The family members of both Mathura and Ashok were asked to leave and Mathura was raped by 2 policemen. It was held by the sessions court that it did not amount to rape and contented that she was used to sexual intercourse and mere sexual intercourse cannot amount t rape. 

Later the Supreme Court in September contended that Mathura raised no alarm and there were no visible marks on her body. It added that Mathura might have been used to sex and she might have appeased the cops to have sexual intercourse with her. 

After such a pronouncement, many open letters ran to the Supreme Court written by professors, various committees were formed by the citizens against the judgement of the Supreme Court, protests happened in various parts of the country as a result of which it welcomed an amendment in the Indian Penal Code. 

Section 375 defines rape whereas Section 376 defines the punishment for rape. When a man penetrates his penis into the vagina, mouth, urethra or anus of a woman against her will or without her consent is said to have commit rape. Sometimes, rape is said to be committed even if the woman has given consent in various situations like:

1. When her consent is obtained by forcing her or the person whom she is concerned about, in the fear of death or hurt.
2. When she is below the age of eighteen years old.
3. When she gives consent believing another man as his husband.
4. When the woman is of unsound mind or intoxicated during giving consent.

Rape is a heinous crime against women which not only affects the women physically but also mentally. Rape is not only an unlawful invasion of the right of privacy and sanctity of a woman but also a serious blow to her honour. It leaves a traumatic and humiliating impression on her conscience, offending her self-esteem and dignity, rape as not only a crime against the person of a woman but a crime against the entire society. It leaves an everlasting scar on the most cherished possession of a woman i.e. her dignity, honour, reputation, and not the least her chastity. It destroys the entire psychology of a woman and pushes her into a deep emotional crisis. 

The Indian Penal Code prescribes punishment for rape under two sub-sections.

• Section 376(1) provides a minimum sentence of seven years of rigorous imprisonment which may extend to life imprisonment and also fine.
• Section 376(2) provides punishment for not less than ten years which may extend to either life imprisonment, or fine, or even the death penalty.

In Ram Kripal vs. State of Madhya Pradesh, the victim had gone to the field to collect grass. On her way back, the accused obstructed and proposed for sexual intercourse. On her refusal, the accused forcibly committed sexual intercourse. It was held that in this case of offence of rape, penetration of male organ in the female organ is a sine qua non which was satisfied in this case, and hence conviction of accused for the offence of rape was proper.

The Criminal Law Amendment 1983 was brought in. 

• It said; if the victim says she did not give consent to the sexual intercourse there will be no rebuttal. 
• It made provisions like Sec 376A, 376B, 376C, and 376D.
• Made custodial rape punishable.
• Once intercourse was proved the burden of proof shifted from the accuser to the accused. 
• Prohibition on the disclosure of the victim’s identity.
• In-camera proceedings.
• Stringent Punishments.

5. Criminal Intimidation, Insult and Annoyance

Section 509: Word, Gesture or Act intended to Insult Modesty of Women

A person who intends to insult the modesty of a woman, not physically but through gestures, actions, by uttering any word, intruding the privacy of the woman is said to have committed an offence under Section 509.

Ingredients:

1. The intention of the man must be to outrage the modesty of a woman.
2. It must be done by intruding upon her privacy by sound, uttering words, gestures etc. 

6. Offences Relating to Marriage

Sections	Provision	Punishment
Section 494	Remarriage	Seven years, and shall also be liable to pay fine
Section 498	Enticing or taking away or detaining a married woman	Imprisonment of two years, or fine, or with both.
Section 498-A	Dowry Cruelty	Imprisonment for three years and shall also be liable to fine.

Section 494: Remarriage

Whoever, either husband or wife remarries, such marriage is void and the wrongdoer is punished. 

Section 498: Enticing or Taking Away or Detain a Married Women

Whosoever detains or conceals with the intent that she may have illicit intercourse with any man, knowing her to be the wife of any other man or any other person who is with her on behalf of her husband, is said to have committed an offence.

Ingredients:

1. The woman must be enticed away by any man from another man ( her husband) or from any man who is with her on behalf of her husband. 
2. The man had the knowledge to believe that she is with other man or wife of another man.
3. Enticing her with an intention to have illicit intercourse with any other man. 

Section 498 A- Dowry Death

Husband or any relative of her husband commits any cruelty to the woman (wife of the man), commits an offence.

Arun Vyas v. Anita Vyas (1999) 4 SCC 690:

It was held that the essence of Sec 498-A is cruelty and when each time a woman is subjected to cruelty, she should have a new starting point.

Cruelty is defined under the Explanation of Section 498A. The husband or the relatives of the husband of a woman, when subjected to commit cruelty, shall be punished with maximum or 3 years of imprisonment and also liable to pay fine.

In Russel vs. Russel, it was defined cruelty as the conduct of such a character as to have caused danger to life, limb, or health, bodily or mental, or a reasonable apprehension of it. Cruelty implies and means harsh conduct and of such intensity and persistence which would make it impossible for the spouse to operate the marriage and to live with agony, torture, or distress or that the mental or physical health of any of the parties. Cruelty means “reasonable apprehension” that it will be harmful or injurious for the spouse to live with the other.

In Shoba Rani vs. Madhukar Reddi, the court has observed that the cruelty may be mental or physical, intentional, or unintentional. The cruelty will be established if the conduct itself is proved or admitted. The intention is not a necessary element in cruelty.

7. Other Offences

Section 299: Culpable Homicide

Whoever causes death to another, with an intention and does an act knowing that it might cause the death of the intended person or any bodily injury, is said to have committed culpable homicide and is punished. 

Ingredients:

1. There must be a presence of Mens Rea.
2. Actus Reus must be present.
3. There must be sufficient knowledge. Knowledge is different from intention. A person knowing that his act will kill a person and knowingly doing that act. 

Satyadev and ors. v. State of U.P,

The accused knew that if he does the act, it would amount to the murder of the pregnant woman, commits the act. The woman survives but the baby in her dies. The accused was made liable under Section 299 of IPC.

Section 300: Murder

Whoever does any act with an intention to if the death is caused with an intention to causing death, and if the bodily injury caused is sufficient in causing the death of a person, it is said to be murder and as per Section 302, the offender is punished with life imprisonment for life and is liable to pay fine.

Ingredients:

1. There must be Mens Rea.
2. There must be Actus Rea.
3. The intent and the act must be done simultaneously. 
4. The act and intent must work together.
5. The act must cause the harm intended.

8. Offences against Acid Attack

Sections	Provisions	Punishments
Section 326 A	Voluntarily causing grievous hurt by use of acid.	Ten years but which may extend to imprisonment for life, and with a fine.
Section 326 B	Voluntarily throwing or attempting to throw acid.	Five years but which may extend to seven years, and shall also be liable to fine.

Section 326A: Voluntarily Causing Grievous Hurt by use of Acid

Anybody who disfigures anybody causing grievous hurt with acid, or any other means, with an intention of causing grievous hurt is punished. 

Section 326B: Voluntarily throwing or attempting to throw Acid

Anybody who attempts to throw acid, or by any other means, causing the deformity or knowing that such an act might cause deformity is said to have committed an offence and been punished. 

Parivartan Kendra v. Union of India, 2016 3 SCC 571:

In this particular case, a Dalit girl from Bihar became a victim of Acid Attack. She did not receive any compensation from the State Government. It was then decided that the court does not put a bar on the State Government to provide compensation only up to 3 lakhs. The Government can provide for compensation more than that.

9. Kidnapping, Trafficking and Slavery

Sections	Provisions	Punishments
Section 361	Kidnapping from lawful guardianship	Seven years, and shall also be liable to pay fine
Section 366     Section 366A     Section 366B	Kidnapping, abducting or inducing a woman Procuration of a minor girl Importation of girl from a foreign country	Ten years, and shall also be liable to pay fine Ten years, and shall also be liable to fine Ten years and shall also be liable to fine
Section 372	Selling minor for purposes of prostitution	Ten years, and shall also be liable to pay fine

Section 361: Kidnapping from Lawful Guardianship

Taking away a minor girl below 18 years, a girl of unsound mind, forcibly without her or her guardian’s consent is considered to be an offence. 

Ingredients:

1. The person must be kidnapped.
2. The accused had reasonable foreseeability to know that the victim by him or by any of his act kidnapped.
3. The accused had knowledge of the kidnap, actively conceals the person kidnapped.

Section 366: Kidnapping, Abducting or Inducing a Women

Anybody who kidnaps and abducts a woman and compels her to marry against her will or forces her to have intercourse, or kidnaps knowing that she will be forced to get married, or have intercourse with anybody, both against her will is said to have committed an offence. 

Section 366A: Procuration of Minor Girl

Whoever induces any minor girl to go to a place and do any work, knowing that it might force her to do illicit intercourse any other person, shall be punished.

Jinish Lal Shah v. State of Bihar, (2003) 1 SCC 605.

Proper proof of coercion or inducement of the accused is to be provided. If not the accused will be acquitted is what was decided.

Section 366B: Importation of Girl from Foreign Country

Whoever imports any girl in India or outside India, any girl below 21 years, knowing that such importation shall force her to have illicit intercourse commits an offence. 

Section 372: Selling Minor for Purpose of Prostitution 

Whoever sells, employs, hires, let to hire, any woman below 18 years of age, knowing that she might be used for prostitution or for any illicit purposes, said to have committed an offence. 

Section 494: Re-Marriage

The above discussed are all the offences against women framed in the Indian Penal Code. There are also special laws framed to protect the women from the sinful activities of the society. The below mentioned are some of the special laws framed for protecting women and recognizing their rights:

• Protection of Domestic Violence Act, 2005.
• The prohibition of Child Marriage Act, 2006.
• Special Marriage Act of 1954.
• Dowry Prohibition Act of 1961.
• Indian Divorce Act of 1969.
• Maternity Benefit Act of 1861.
• The Immoral Trafficking (Prevention) Act, 1956.
• The Indecent Representation of Women (Prohibition) Act, 1986.
• The Commission of Sati (Prevention) Act, 1987.
• Protection of Women from Domestic Violence Act, 2005.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Conclusion

Violence against a woman in India becomes her sibling. A woman crosses all stages of her life through the intemperate, hot-headed society. From pre-birth, birth, childhood, adolescent, adulthood, till her death. There are women who suffer ill-treatment in their own homes where it is considered to be a place of the natural reserve. Offences against women are still alive in our society. There are various special and general laws brought to protect the rights of the women and there happens to be an increase in the crime. 

With the recognition of the LGBTQ Rights and the NALSA Judgement, there are chances where the third gender people might be victimized and mishandled. The Indian Penal Code is the main Criminal code of India and giving shelter to all victims, should be made gender-neutral to protect the rights of all its citizens. The theories of punishment (preventive, deterrence, retribution, and reformation) must be applied in all cases for public safety and to prevent any other act getting incarnated from criminal history.

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