Women and Criminal Law: Assignment On

Women and Criminal Law
Assignment on
Crimes against Women under the Indian Penal Code, 1860
(Evaluation-1)
Submitted By-
Abhay Srivastava
B.ComLLB(H)
1805150001
Crimes against Women under the Indian Penal Code, 1860
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 many legal provisions which punish the culprits 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.
Crimes against Women under the Indian Penal Code, 1860 (IPC)
The Indian Penal Code, 1860, lays down the provisions to penalise the culprit for the heinous
offences against women. Various sections under IPC specifically deals with such crimes.
1. Acid Attack (Sections 326A and 326B)

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

The Indian Penal Code mentions sexual offences against women under a separate head which
encompasses the following offences with their respective sections-
Rape [Section 375 & 376]
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.
Essential Ingredients of Rape
Section 375 has the following two essential ingredient-
 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)
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)

Section 376D lays down the punishment for gang rape. Where a woman is raped by more than
one person acting in futhereance of a common intention, each of them shall be liable for the
offence of rape and shall be ounished with rigourous imprisonment for not less than twenty
years which may extend to lifetime imprisonment and fine.
Relevant Case Laws
Case: Priya Patel v. State of M.P
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 savinf her, the appellant slapped her and
closed tthe door and left the place of the incident. The accused husband was charged
under Section 376, IPC whereas the appellant wife was charged for commission of offence
punishable under Section 376(2)(g), IPC.
The appellant wife challenged the legality of the charge framed against her under Section 376(2)
(g), IPC on the ground that since a woman cannot commit rape and so cannot be convicted for
commission of ‘gang rape’.
Judgment: 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).

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Women and Criminal Law

Crimes against Women under the Indian Penal Code, 1860

Crimes against Women under the Indian Penal Code, 1860 (IPC)

1. Acid Attack (Sections 326A and 326B)

Sexual Offences against Women

Rape [Section 375 & 376]

Essential Ingredients of Rape

Section 375 has the following two essential ingredient-

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

Gang Rape (Section 376D)

Relevant Case Laws

Case: Priya Patel v. State of M.P

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