SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY

TITLE A Socio- Legal study of the Offences against Women with

references to IPC
Submitted by:
Simran Swaroop
Division D
PRN 18010324139
Batch- 2018-2023
SYMBIOSIS LAW SCHOOL, HYDERABAD
Academic Year 2019-2020
In
September, 2019
Under the guidance of
Mr. Hifajatali Hidayatali Sayyed

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 CERTIFICATE

The project entitled ― A-socio legal study of the offences against Women references to IPC ―
submitted to the Symbiosis Law School, Hyderabad for Law of Crimes I: Penal Code as part
of Internal Assessment is based on my original work carried out under the guidance of Mr.
Hifajatali Hidayatali Sayyed from 4th September 2019 to 23rd September 2019.

The Research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research paper has been
duly acknowledged.

I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the Candidate Signature of the Faculty In-charge

Date: Date:

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 ACKNOWLEDGEMENT

I would like to express my sincere gratitude and indebtedness to Mr. Hifajatali Hidayatali
Sayyed for his/her enlightening lectures. I would also like to express my sincere gratitude to
our teaching staff for guiding me the path towards gaining knowledge.

I would like to thank the Library Staff of Symbiosis Law School, Hyderabad as well for their
co-operation.

I would also like to thank my batch mates and seniors who inspired, helped and guided me in
making this project. I am grateful to my seniors/friends namely, for their incredible guidance
and support.

Signature of the Candidate: Date:

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 INDEX
TOPIC PAGE NO.
Introduction 5
Background history 5-6
Research Objective 7
Literature Review 7
Research Methodology 7
Research Question 7
Chapterisation 8
Suggestions 23
Conclusion 24
References 25

LIST OF CASES:
Priya Patil V. State of MP

Tukaram V. State of Maharashtra

Rupan Deol Bajaj V. K.P.S

Raju Pandurang Mahale V. State of Maharashtra

Kashuri V. Ramaswamy

BIBLIOGARPHY:
BOOKS:
Indian Penal Code by K.D. Gaur

FOR ONLINE CONTENT:

1. http://vikaspedia.in/social-welfare/social-awareness/legal-awareness/law-on-
outraging-modesty-sexual-harassment-and-stalking-of-women
2. https://www.nap.edu/read/5127/chapter/3#21
3. https://www.lawctopus.com/academike/offences-women-ipc/
4. http://people.ischool.berkeley.edu/~ruchitarathi/infoviz-final-caw/
5. https://www.advocatekhoj.com/library/bareacts/indianpenalcode
/index.php?Title=Indian%20Penal%20Code,%201860&Title=In
dian%20Penal%20Code,%201860

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INTRODUCTION

As said by Swami Vivekananda, “That country and that nation that does not respect
women have never become great or ever been in future”. Hundreds of years have come,
and hundreds of years have gone, however the situation of ladies isn't probably going to
change. Time has vulnerably watched ladies enduring as segregation, mistreatment, abuse,
corruption, hostility, mortification. In Indian culture, lady involves an imperative position and
admired spot. The Vedas celebrated ladies as the mother, the maker, one who gives life and
loved her as a 'Devi' or Goddess. Yet, their glorification was fairly legendary for
simultaneously, in India ladies wound up completely smothered and oppressed in a male
centric culture. Indian ladies through the nations stayed enslaved and mistreated on the
grounds that society had confidence in sticking on to customary convictions for the brunt of
viciousness—residential just as open, Physical, enthusiastic and mental. Male savagery
against ladies is overall wonder. Dread of viciousness is a significant factor in the lives of
generally ladies. Dread of viciousness is the reason for absence of interest in each circle of
life. There are different types of wrongdoing against ladies. Now and then it is even before
birth, a few times in the adulthood and different expressions of life. In the Indian culture,
position of ladies is constantly seen in connection to the man. This recognition has brought
forth different traditions and practices. Savagery against ladies both inside and outside of
their home has been a pivotal issue in the contemporary Indian culture. Ladies in India
comprise close about portion of its populace and the majority of them are pounding under the
socio-social and religious structures. One sexual orientation has been controlling the space of
the India's social financial, political and religious texture since days of yore. The present
investigation felt the need that in the time of globalization and modernization the present
patterns of wrongdoings against ladies is on increment. As of late the ruthless assault against
multiyear understudy in Delhi again started the discussion on Indian mental set up and
existing peace in the Country.

Background and History

Crime against women has been a bane of India's development efforts. With arcane customs
like sex being a taboo in India, Sati, and Dowry, and the overall lower status of women
further exacerbates these crimes.

From the last decade's crime statistics, we see sharp number of crimes registered under
‗Cruelty by Husband and his Relatives‘. It also appears that the same category has had the
most dramatic rise over the years.

This is a surprising insight since the popular media is rife with news of rapes, which appear to
be the most rampant and high profile of all the crimes. No other crime has been given as
much attention in the media than Rape, with a significant increase in the last few years owing
to cases like the Delhi Gang Rape, Scarlett Keeling Case in Goa, etc. which made
international headlines.

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The hype in the media compels us to believe that rapes are on a dramatic rise. However, the
data reveals that rapes have more or less followed a flat trend.

This raises a lot of questions - if the number of rapes was always the same (or this high), why
all the sudden media attention? Where was the media in earlier years? Could the data hiding
the truth for the last few years? There could be any one or more of multiple possible
explanations.

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RESEARCH OBJECTIVE

1. To know and analyse the present crime trend rapidly increasing against women in
India.
2. To study about offences against women with reference to Indian Penal Code, 1860.
3. To seek the meaning of crime against women with reference to Indian Penal Code,
1860.

LITERATURE REVIEW

There are many research papers on this topic. Under this topic the literature review will cover
book, text book, research papers and articles. A proper research has been done on the present
scenario of offences against women in various fields and in various forms. The articles used
were found from psyinfo, LexisNexis, criminal justice periodicals and contemporary women
issue. The goal behind this research was to describe the trends in violence throughout the
lifespans of women. Following this Literature Review will be a section in which the research
will be integrated, highlighting major issues and direction for clinical application.

RESEARCH METHODOLY

The method used in this research paper is doctrinal method. The present study demands an
analytical and descriptive type of research. The data I collected for this research is secondary
data from various sources. The sources I took are books, websites, references, articles,
journals.

RESEARCH QUESTION
1. What are the offences against women under Special Laws?
2. What are the offences against women in India?
3. What are the offences related to marriage?

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CHAPTERISATION

1. What are Offences against women?

2. Classification of offences against women with reference to Indian Penal Code, 1860.
3. What are the offences against women in India and what are the causes of crime
against women in India?
4. Approach towards safety of women.
5. Offences related to marriage
6. Provisions for women in Indian Constitution
7. Suggestions
8. Conclusion
9. References

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WHAT ARE THE OFFENCES AGAIMST WOMEN?

In the present scenario, the violence and the increasing crimes against women is witnessed by
everyone across the world in some or the other manner. It indicates the enormity and
pensiveness of the monstrosity perpetrated against women in recent years. The global crusade
for the decimation of violence against women is a proof to this fact. The changes in the living
standards, lifestyle, imbalance in the economic growth, changes in social ethos and meagre
concern for the moral values contribute to a vicious outlook towards women due to which
there is multiplication in crimes against women. Moreover, such incidents are a matter of
grave concern and its structure is absolutely necessary so that the women of India could live
with respect, honour, dignity, liberty and peace in an atmosphere free from atrocities,
denigration and heinous crimes. There are numerous legitimate arrangements which punish
the guilty parties committing offences against women. The Indian Penal Code though,
provides provisions for women as a victim of many crimes such as murder, robbery, theft,
etc. but there are certain crimes which are diametrically characterised against the women
known as ‗Offences against Women‘. With the need of the hour, many new socio-economic
offences have been enacted accompanied by various amendments in the existing laws with an
objective to combat these crimes effectually.

CLASSIFICATION OF OFFENCES AGAINST WOMEN WITH

REFERENCE TO INDIAN PENAL CODE, 1860
Rape [Section 375 & 376]1

Section 375, IPC defines rape. In simple terms, the offence of rape is the ravishment of a
woman, without her consent, by force, fraud or fear. In other words, it is the carnal
knowledge (penetration of any of the slightest degree of the male organ of reproduction) of
any woman by force against her will. It is an obnoxious act of highest degree which violates
the right to privacy and sanctity of a female. Apart from being a dehumanizing and perverted
act, it is also an unlawful interference in the personal life of a woman which is an intense
blow on the honor, dignity, reputation and self-esteem of a woman. This outrageous crime
not only causes physical injury to the victim but also humiliates, degrades and leaves a scar
on the most precious jewel of a woman i. e. her character and dignity.

As per Section 375: 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.

1
Sec 375 RAPE & 376 PUNISHMENT FOR RAPE

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Thirdly– With her consent, when her consent has been obtained by putting her or any PS
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
consent is given because she believes that he is another man to whom she is or believes
herself to be lawfully married.

Fifthly– 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.

Sixth -With or without her consent, when she is under age of sixteen years.

Essential Ingredients of Rape

Section 375 has the following two essential ingredients-

 Actus Reus: There must be sexual intercourse, as understood in terms of the

provisions of Section 375 (a) to (d), with a woman by a man.
 Mens Rea: The sexual intercourse must be under any of the seven circumstances as
given under Section 375.

Punishment for Rape (Section 376)2

Section 376 provides punishment for committing the heinous crime of rape. This section is
divided into two sub-sections.

Section 376(1) provides a minimum sentence of seven years of imprisonment that may
extend to life imprisonment and fine.

Section 376(2) provides punishment not less than ten years of imprisonment but may extend
to imprisonment for life or death or fine.

Gang Rape (Section 376D)3

Section 376D lays down the punishment for gang rape. Where a woman is raped by more
than one person acting in furtherance of a common intention, each of them shall be liable for
the offence of rape and shall be punished with rigorous imprisonment for not less than twenty
years which may extend to lifetime imprisonment and fine.

2
Sec 376 (1) & (2)
3
Sec 376 D GANG RAPE

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In the case of Priya Patil V. State of MP4

Facts: The prosecutrix was returning home after her sports meet and the husband of the
appellant met her at the railway station and told her that her father has sent him to pick her.
He took her to his house and raped. During the commission of rape, appellant (the wife)
entered the room and prosecutrix asked for the help but instead of saving her, the appellant
slapped her and closed the door and left the place of the incident. The accused husband was
charged under Section 3765, IPC whereas the appellant wife was charged for commission of
offence punishable under Section 376(2) (g)6, IPC.

Judgement: The court held that a woman cannot said to have an intention to commit rape.
Therefore, the appellant cannot be prosecuted for alleged commission of an offence
punishable under Section 376(2) (g).

In another case of Tukaram V. State of Maharashtra7

Facts: Mathura, a Harijan young lady created closeness with a boy, Ashoka. Her sibling held
up a report in the Police Station that Mathura had been captured by Ashok. After at some
point, Mathura was brought to the Police Station and proclamation was recorded. Since, it
was late around evening time, so there were two constables (appellants) present at the police
headquarters at the time. The appellants asked Mathura to remain at the police headquarters
and requested that her associates hold up outside. One of the appellants brought her into the
washroom and light a light concentrating on her genitals and from that point hauled her and
assaulted notwithstanding her dissents. At that point, the other appealing party came and
needed to assault her however couldn't as he was exceptionally toxicated. Since every one of
the lights were off and nothing was obvious, appealing party of Mathura called her name and
in the blink of an eye a short time later Mathura rose out of the police headquarters and
claimed that one of the constables assaulted her yet as specialists report began that there was
no damage on the collection of Mathura it very well may be said that the sex was with the
assent of the young women.

Judgment: The court held that no characteristics of damage were found on the body of the
young lady after the occurrence and this demonstrates the intercourse was a quiet undertaking
and the story made by the young lady was invented. Accordingly, no offense is brought
against the appellants

4
Priya Patil V. State of MP
5
Sec 376 PUNISHMENT FOR RAPE
6
Sec 376 (2) (g) COMMITS RAPE DURING COMMUNAL OR SECTARIAN VIOLENCE
7
Tukaram V. State of Maharashtra

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OUTRAGING THE MODESTY OF WOMEN [Section 354]

Section 3548, IPC deals with the offence of molestation i.e. assault to woman with intent to
outrage her modesty. This section aims to protect women against any sort of indecent or
filthy behaviour by others which is derogatory to her modesty. This offence is not just against
the individual but also against the society and public morality. Therefore, if any person uses
criminal fore upon a woman with an intention to outrage the modesty of a woman, he is
deemed to be punished with an imprisonment of not less than one year which may extend up
to five years with fine.

For example, slapping a woman on her butt, asking her for sexual favours, disrobing her etc.

Essential Ingredients of Section 354

 The person who has been a victim of assault must be a woman

 Force used on girl by the accused must be of criminal nature
 An intention to outrage the modesty of a woman must be there.

In the case of Rupan Deol Bajaj V. K.P.S9

Facts: The applicant was an IAS Officer and charged was DGP, Punjab. The applicant was
welcome to a gathering where the charged was additionally present. The charged requested
that the candidate come and sit alongside him and when she went to sit, he dismantled the
seat nearer to him and the applicant was astonished by this demonstration and she destroyed
her seat back to unique spot and again he dismantled the seat shut to him. The solicitor
requested that he leave however he again requested that applicant go with him in an ordering
voice. She got secured and terrified and promptly pulled her seat back and went to get out.
Now, the blamed slapped the butt for the candidate within the sight of the considerable
number of visitors which was humiliating for her. She documented a FIR against him.

Judgment: The High Court suppressed the FIR and held that the demonstration was secured
under Section 95 of IPC. The Supreme Court couldn't help contradicting the High Court and
held that the subduing FIR is illicit and Section 9510 of IPC isn't at all material. The court
additionally included that that when an offense identified with the unobtrusiveness of ladies,
it couldn't be trifling under any conditions. In this way, the charged is at risk under Section
354, IPC.

8
Sec 358, IPC ASSAULT OR CRIMINAL FORCE ON GRAVE PROVOCATION
9
Rupan Deol Bajaj V. K.P.S
10
Sec 95, IPC ACT CAUSING SLIGHT HARM

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In another case Raju Pandurang Mahale V. State of Maharashtra11

Facts: The accused brought the victim to the house of co-accused on a false pretext. They
confined her in the house and brought liquor which she was forced to drink. The victim was
then disrobed and her nude photographs were taken.

Judgment: The Supreme Court held that the accused was guilty under Section 354, IPC as
their acts were affront on the normal sense of feminine decency.

Sexual Harassment [Section 354A]12

A man submitting any of the accompanying demonstrations—

(i) physical contact and advances including unwelcome and express sexual
suggestions; or
(ii) an interest or solicitation for sexual favors; or
(iii) indicating sex entertainment against the desire of a woman; or
(iv) Making sexually coloured remarks, shall be guilty of the offence of sexual
harassment1.
1. 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 which may
extend to three years, or with fine, or with both.
2. 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, or with fine, or with both.
OFFENCES PUNISHMENT
1. Sexual harassment of the nature of 1. Up to 3 years or Fine or Both
unwelcome physical contact and
advances or demand or request for
sexual favours or showing
pornography
2. Sexual harassment of the nature of 2. Up to 1 year or Fine or Both
making sexually coloured remark

ASSAULT OR USE OF CRIMINAL FORCE TO WOMAN WITH INTENT TO

DISROBE [Section 354B]13

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 detainment of
either depiction for a term which will not be under three years however which may reach out
to seven years, and will likewise be at risk to fine.

11
Raju Pandurang Mahale V. State of Maharashtra
12
Sec 354 (A), IPC SEXUAL HARASSHMENT AND PUNISHMENT FOR SEXUAL HARASSHMNET
13
Sec 354 (B), IPC ASSAULT OR USE OF CRIMINAL FORCE TO WOMAN WITH INTENT TO DISROBE

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 OFFENCE PUNISHMENT
1. Criminal force to woman with intent 3 to 7 years+ Fine
to disrobe

Ingredients

1. The accused must be man.

2. Use of criminal force or assault or abetment of any such act must be there.
3. There must be an intention to disrobe a woman or compel her to be naked.

VOYEURISM [Section 354C]14

This offence came into existence after Nirbhaya Rape Case, 2012. It is mentioned under
Section 354C, IPC. The word ‗voyeurism‘ means appeasement derived from observing the
genital or sexual acts of others usually secretly. This provision is divided in two different
parts. Firstly, when a person watches or captures image of a woman engaging in some private
act and secondly, when the person disseminate or spread such image.

The first offence is punishable with imprisonment of not less than one year which may extend
up to three years with fine. The second offence is punishable with imprisonment of not less
than three years which may extend up to seven years with fine.

Ingredients

1. The accused must be a male.

2. He must watch or capture the image.
3. The woman whose images are captured must be engaged in some private act.
4. The circumstances must be such that she has the expectations of not being. observed
by the perpetrator; or
5. The accused disseminates that image.

STALKING [Section 354D]15

Section 354D, IPC talks about the term ‗stalking‘ which generally means the act of following
or trying to contact despite disinterest of woman. This section contains two offences. Firstly,
where a man follows or contacts or attempts to contact a woman repeatedly despite her clear
indication of disinterest and secondly, where a man monitors the use by a woman of the web,
email, or some other type of electronic correspondence. For the first conviction, the
punishment prescribed is imprisonment for a term which may extend to three years with fine.
The punishment for second conviction may extend up to five years of imprisonment with
fine.

Ingredients:
14
Sec 354 (C), IPC VOYEURISM
15
Sec 354 (D), IPC STALKING

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 1. The accused must be a man and victim must be a woman.
2. Follow or contact a woman or attempt to contact; or
3. Monitors the use by the woman of the internet, email or any other electronic
communication.
4. Despite disinterest of woman.

Exception: If a part of responsibility is imposed on a person by the State to prevent and

detect any crime and such acts must be pursued by any law and in the particular
circumstances such conduct of the person must be reasonable and justified then, it will not
amount to stalking.

WORD, GESTURE OR AN ACT INTENDED TO INSULT THE

MODESTY OF A WOMAN [Section 509]16
An act which is done intending to insult the modesty of woman which may not necessarily
involve any physical force is brought under the shade of this provision through Section 509.
This section intends to deter any kind of aggression into a woman‘s modesty whether by any
word, gesture or act or by intruding upon the privacy of such woman. This section is also
referred as the „Eve Teasing Section‟.

Any person who commits an offence under Section 509 shall be punished with simple
imprisonment for a term which may extend to three years with fine.

Essential Ingredients

 An intention to insult the modesty of a woman;

 The insult must be caused either by intruding upon the privacy of a woman; or by
making any gesture or sound, uttering any word or exhibiting any object.

ACID ATTACK [Section 326A & 326B]

The Criminal Law (Amendment) Act, 2013 incorporated Section 326A and 326B with an
intend to make specific provision for punishment in the case of acid attack.

Section 326A focuses on voluntarily causing grievous hurt by using acid. In the view of this
section, whosoever causes permanent or partial damage or burns, disfigures or disables any
part of the body of a person or causes grievous hurt by throwing or administering acid with
an intention to cause such injury or hurt will be punished with imprisonment of at least ten
years which may extend to life imprisonment with fine.

Section 326B has more legislative focus on the act of throwing or attempting to throw acid
with the intention of causing grievous hurt. The punishment under this section is
imprisonment of not less than five years with fine which may extend upto seven years.
16
Sec 326(A) & 326 (B), IPC VOLUNTARILY CAUSING GRAVIOUS HURT BY USE OF ACID & VOLUNTARILY
THROWING OR ATTEMPTING TO THROW ACID

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WHAT ARE THE OFFENCES AGAINST WOMAN IN INDIA AND
CAUSES OF CRIME OF CRIME AGAINST WOMAN IN INDIA?
In India there is assortment of mental, prudent, sociological types of exploitation of ladies. In
our general public, we have been seen that ladies are monetarily separated at working spots.
Simultaneously, ladies are additionally abused physically, sincerely and explicitly by their
spouses. It is stunning to hear that ladies reserved no privilege to choose whether they could
proceed with their pregnancy or end it. Coming up next are classes of violations against
ladies in India:

Sexual offenses, Offenses for increase, Molestation, and assault, Harassment at home
prompting suicide and murder of youthful ladies, Immoral dealing, misuse of ladies. Physical
torment, Mental Cruelties.

CAUSES OF CRIME AGAINST WOMEN IN INDIA

Crimes against women are not only considered from physical aspect but also sociological
aspect. There are many cases of women raped, beaten, abducted, and given humiliating
treatment. Women have been subjective to socioeconomic and culture deprivations for such a
long time that there are a general indifference and lack of awareness of crimes against them.

These are some causes of crime against women:

1. Social causes:
 Broken homes
 Psychological environment
2. Orthodox thought:
 Personal causes
 Unemployment
 Poverty
 Addiction
 Lack of proper moral education

OFFENCES AGAINST WOMEN UNDER THE SPECIAL LAWS

There are some offences which are considered under special laws like the Commission of Sati
(Prevention) Act, 1987, the Dowry Prohibition Act, 1961, the Immoral Traffic (Prevention)
Act, 1956, the Indecent Representation of Women (Prohibition) Act, 1986, the Scheduled
Castes and the Schedules Tribes (Prevention of Atrocities) Act, 1989 and the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

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 A. The Commission of Sati (Prevention) Act, 198717
This is an act which provides more effective prevention of the commission of sati and
its glorification and for matters connected therewith or incidental thereto. This act is
prescribes for attempt to commit sati, Abetment of sati and glorification of sati. So it
is said that offence of sati should be considered as an offence against women.
B. The Dowry Prohibition Act, 196118
Main objective of this Act is to prohibit the giving or taking of dowry and recognized
dowry as an offence against women. This Act prescribed punishment for giving or
taking and also for demanding dowry.
C. The Immoral Traffic (Prevention) Act, 195619
Under this, there are few offences which are considered to be an offence against
women:
1. Procuring, inducing or taking person for the sake of prostitution.
2. Detaining a person in premises where prostitution is carried on.
3. Seducing or soliciting for purpose of prostitution.
4. Seduction of a person in custody.
D. The Indecent Representation of Women (Prohibition) Act, 198620
The advertisements which contain indecent representation of women and publication
or sending by post of books, pamphlets, etc. should be considered as an offence
against women.
E. The Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
198921
Section 3(1) (w)22 of the Act specifically deals with provisions relating to offence
against women. It says that intentionally touches a woman belonging to a Scheduled
Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a
Scheduled Tribe, when such act of touching is of a sexual nature and is without the
recipient‗s consent. It further provides that uses words, acts or gestures of a sexual
nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe,
knowing that she belongs to a Scheduled Caste or a Scheduled Tribe.
F. Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 201323
This Act says that harassment of women at workplace is an offence against women.
Section 3 of the Act deals with prevention of sexual harassment. It states that no
women shall be subjected to sexual harassment at any workplace. Following are some
circumstances which may amount to sexual harassment:
 Implied or explicit promise of preferential treatment in her employment; or
 Implied or explicit threat of detrimental treatment in her employment; or

17
The Commission of Sati (Prevention) Act, 1987
18
The Dowry Prohibition Act, 1961
19
The Immoral Traffic (Prevention) Act, 1956
20
The Indecent Representation Women (Prohibition) Act, 1986
21
The SC & ST (Prevention of Atrocities) Act, 1989
22
Sec 3 (1) (w)
23
Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013

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  Implied or explicit threat about her present or future employment status; or
 Interference with her work or creating an intimidating or offensive or hostile
work environment for her; or
 Humiliating treatment likely to affect her health or safety.

APPROACH TOWARDS SAFETY OF WOMEN

1. To increase reporting of rape and assault cases: There are so many violent cases but
due to the society very few are reported. To increase reporting of rape and assault
firstly we should empower our women and children. They must be enough educate on
their rights and should be encouraged to come forward and register the offence
happened to them.
2. Law enforcement agencies: Law enforcement agencies should be trained in such a
way that they should react swiftly and with sensitivity towards the cases of women
and children.
3. Exemplary punishment: The punishment for every culprit should be exemplary. There
must be campaign of “Zero tolerance” of sex offenders.
4. Proper planning of the city: Every city should be planned in a proper manner for the
betterment of women so that they may not come across any offences.
5. Indian Police system: Neither State nor Centre has been improving the quality of
Policing. According to the records only 14 states have enacted the New Police Act or
amended their existing laws to incorporate SC‘s suggestions.

OFFENCES RELTED TO MARRIAGE

Chapter XX [section 493-498], IPC, deals with the offences related to marriage.

Following are the offences under chapter XX which deals with offences with reference to
marriage:

1. Mock or invalid marriages (section 493 and 496);24

2. Bigamy (section 494 and 495);25
3. Adultery (section 497);26
4. Criminal elopement (section 498);27
5. Cruelty by husband or relatives of husband (section 498A)28

24
Sec 493 & 496, IPC COHABITATION CAUSED BY A MAN DECEITFUL INDUCING A BELIEF OF LAWFUL
MARRIAGE & MARRIAGE CEREMONY FRAUDLENTLY GONE THROUGH WITHOUT LAWFUL MARRIAGE
25
Sec 494 & 495, IPC
26
Sec 497, IPC ADULTERY
27
Sec 498, IPC ENTICING OR TAKING AWAY OR DETAINING WITH CRIMINAL INTENT A MARRIED WOMAN
28
Sec 498 (A), IPC

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 1. Section 493- Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage
This section states that every man who by deceit causes any woman who is not
lawfully married to him to believe that she is lawfully married to him and to cohabit
or have sexual intercourse with him in that belief, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
Section 496- Marriage ceremony fraudulently gone through without lawful
marriage29
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of
being married, 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 also be liable to fine.
Essential element for both the sections i.e. 493 and 496 is:
 Accused should have the practiced deception on the woman, as the
consequences of which she believes that that she is lawfully married to him,
though it is not true. Simply both the sections states the facts that the woman
is been cheated by the man into believing that she is legally wedded to him,
where the man is fully aware of the fact that it is not true. The deceit and
fraudulent intention should exist at the time of the marriage. Thus, under this
section mens rea is an essential element.
2. Section 494- Marrying again during lifetime of husband or wife30
Whoever, having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such husband or wife,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

The important ingredients are:

 Deceit or fraudulent intention

 Causing of false belief
 Cohabit or have sexual intercourse

Section 495- Same offence with concealment of former marriage from person with
whom subsequent marriage is contracted31

Whoever commits the offence defined in the last preceding section having concealed from
the person with whom the subsequent marriage is contracted, the fact of the former marriage,
shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

29
Sec 496, IPC
30
Sec 494, IPC
31
Sec 495, IPC

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The important ingredients are:

 existence of a previous marriage

 second marriage to be valid
 second marriage to be void by reason of first husband or wife living

Section 497-Adultery32

Whoever has sexual intercourse with a person who is and whom he knows or has reason to
believe to be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery,
and shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine, or with both. In such case the wife shall not be punishable as an
abettor.

In the case of Kashuri v. Ramaswamy33 it was held that the proof of sexual intercourse has
to be inferred from the facts and circumstance of a case as direct evidence can rarely be
proved.

The essential ingredients are:

 sexual intercourse
 woman must be married
 knowledge
 consent or connivance of husband
 should not constitute rape

Section 498-Enticing or taking away or detaining with criminal intent a married

woman34

Whoever takes or entices away any woman who is and whom he knows or has reason to
believe to be the wife of any other man, from that man, or from any person having the care of
her on behalf of that man, with intent that she may have illicit intercourse with any person, or
conceals or detains with that intent any 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.

PROVISIONS FOR WOMEN IN INDIAN CONSTITUTION

Sexual orientation balance is cherished in each circle of Indian constitution, be it
introduction, essential rights, crucial obligations and order standards. The Constitution of

32
Sec 497, IPC ADULTERY
33
Kashuri V. Ramaswamy
34
Sec 498, IPC

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India awards balance to ladies as well as enables the State to embrace proportions of positive
segregation for ladies for killing the total financial, training and political weaknesses looked
by them. Central Rights, among others, guarantee balance under the steady gaze of the law
and equivalent security of law; precludes oppression any resident on grounds of religion,
race, standing, sex or spot of birth, and certification correspondence of chance to all natives
in issues identifying with employment. India has additionally endorsed different universal
shows and human rights instruments resolving to verify equivalent privileges of ladies. Key
among them is the endorsement of the Convention on Elimination of All Forms of
Discrimination against Women (CEDAW) in 1993

CONSTITUTIONAL PROVISIONS FOR WOMEN ARE AS UNDER:

1. Equality before law for women (Article 14)35
2. The State not to victimize any native on grounds just of religion, race, standing, sex,
spot of birth or any of them (Article 15 (1)36)
3. The State to make any extraordinary arrangement for woman and children (Article 15
(3)37)
4. Equality of chance for all natives in issues identifying with business or arrangement to
any office under the State (Article 16)38
5. The State to coordinate its approach towards verifying for people similarly the
privilege to a sufficient methods for occupation (Article 39(a)39); and equivalent
compensation for equivalent work for the two people (Article 39(d)40)
6. To advance equity, on a premise of equivalent chance and to give free legitimate
guide by reasonable enactment or plot or in some other manner to guarantee that open
doors for verifying equity are not denied to any resident by explanation of monetary
or other handicaps (Article 39 A)41
7. The state to make provisions for securing just and humane conditions of work and for
maternity relief (Article 42)42
8. The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms
of exploitation (Article 46)
9. The State to raise the level of nutrition and the standard of living of its people (Article
47)
10. To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women (Article 51(A)
(e))

35
Art 15
36
Art 15 (1)
37
Art 15 (3)
38
Art 16
39
Art 39 (a)
40
Art 39 (d)
41
Art 39 (A)
42
Art 42

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 11. Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Panchayat to be reserved for women and such seats
to be allotted by rotation to different constituencies in a Panchayat (Article 243
D(3))
12. Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))
13. Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Municipality to be reserved for women and such
seats to be allotted by rotation to different constituencies in a Municipality(Article
243 T (3))
14. Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes,
the Scheduled Tribes and women in such manner as the legislature of a State may by
law provide (Article 243 T (4)

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SUGGESTIONS ON HOW TO STOP VIOLENCE AGAINST WOMEN
In, my point of view everyone should keep following measures in mind which are given
below in order to stop violence against women :

1. Public enlightenment
2. Use law enforcement authorities
3. Female empowerment
4. Male should be educated properly so that they treat women in a good manner
5. Use of religious leader
6. School/work- based education

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CONCLUSION
Viciousness against women in its different structures is an infringement of human rights, the
very idea of which denies ladies of their capacity to appreciate principal opportunities.. It is a
serious obstacle to equality between women and men. Violence against women remains
hidden in the culture of silence. The causes and factors of violence against women include
entrenched unequal power relations between men and women that foster violence and its
acceptability, aggravated by cultural and social norms, economic dependency, poverty
and alcohol consumption etc. In India, where the offenders are to a great extent known to
the person in question, the social and financial "costs" of announcing such violations are
high. General financial reliance on their families and dread of social exclusion go about as
huge disincentives for a lady to report any sort of sexual brutality or misuse. Therefore the
actual incidence of violence against women in India is probably much higher than the data
suggests and because of this most of the women are experiencing violence and living its
consequences.

―Violence against women continues to persist as one of the most heinous, systematic
and prevalent human rights abuses in the world. It is a threat to all women, and an obstacle
to all our efforts for development, peace, and gender equality in all societies. Violence
against women is always a violation of human rights; it is always a crime; and it is always
sun acceptable. Let us take this issue with the deadly seriousness that it deserves.‖

Ban Ki Moon, United Nation Secretary

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REFERENCES
1. Kumar, Radha (1993). The History of Doing: An Account of Women's Rights and
Feminism in India. Zubaan. p. 128.
2. https://blog.ipleaders.in/offences-against-women/
3. http://people.ischool.berkeley.edu/~ruchitarathi/infoviz-final-caw/
4. https://www.countercurrents.org/ranjan300113.htm
5. https://www.advocatekhoj.com/library/bareacts/indianpenalcode/index.php?Title=Indi
an%20Penal%20Code,%201860&Title=Indian%20Penal%20Code,%201860

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