Introduction

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 megre 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.

Classification of Laws related to Crime against Women

The laws associated with the crime against women may
be classified into following two categories: Crimes
against Women under the Special and Local Laws (SLL)

The crimes against women provided under the Special

and Local Laws aim to obliterate the immoral and sinful
practices and exploitation of women in the society.
These laws are periodically reviewed and amended in
order to bring off promptness with arising needs.
Following are some acts comprising of special provisions
to protect women and their interests-

The Immoral Traffic (Prevention) Act, 1956

The Dowry (Prohibition) Act, 1961
The Child Marriage Restraint Act, 1929
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.

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.

Acid Attack (Sections 326A and 326B)

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 upto 21 years of age (Section 366B)
Word, gesture or act intended to insult the modesty of
a woman (Section 509)
This article further scrutinizes and expounds some of
these odious and punishable offences as mentioned
under the Indian Penal Code, 1860.

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.[1]

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).

Case: Tukaram v. State of Maharashtra[2]

Facts: Mathura, a Harijan girl developed intimacy with

a boy, Ashoka. Her brother lodged a report in the Police
Station that Mathura had been kidnapped by Ashok.
After sometime, Mathura was brought to the Police
Station and statement was recorded. Since, it was late
at night, so there were two constables (appellants)
present at the police station at the time. The appellants
asked Mathura to stay at the police station and asked
her companions to wait outside. One of the appellants
took her into the washroom and light a torch focusing
on her private parts and thereafter dragged her and
raped in spite of her protests. Then, the other appellant
came and wanted to rape her but couldn’t as he was
highly toxicated. Since, all the lights of the police station
was off and nothing was visible, the companions of
Mathura called her name and shortly afterwards,
Mathura emerged out of the police station and alleged
that one of the constables had raped her. The crowd
became aggressive and so, her FIR was lodged on behalf
of her statement. Doctor’s report stated that there was
no injury on the body of Mathura. Her hymen revealed
old ruptures. The appellants contended that since there
was no direct evidence about the nature of the consent
of the girl to the alleged act of sexual intercourse, it can
be inferred from the available circumstances that she
did this with her passive submission.

Judgment: The court held that no marks of injury was

found on the body of the girl after the incident and this
indicates that the intecourse was a peaceful affair and
the story made by the girl was fictitious. Therefore, no
offence is brought against the appellants.

This case is popularly known as ‘Mathura Rape Case’.

After this case, it was interpreted by the Apex Court in

many cases that to constitute the offence of rape, it is
not important that there must be some injury on the
body of the victim.

Outraging the Modesty of Women [Section 354]

Section 354, 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 upto five years with fine.

It is not specifically defined under IPC that what

constitutes an outrage to woman’s modesty. However,
the court has interpreted it in various cases. According
to the Supreme Court, modesty is an attribute
associated with female human beings as a class.
Modesty is said to be outraged by such an act of
offender which shocks and recognizes as an insult to
female decency and dignity.

For example, slapping a woman on her butt, asking her

for sexual favours, disrobing her etc.

Essential Ingredients of Section 354

The following are the essential of the offence under

Section 354, IPC-
The person who has been a victim of assault must be a
woman
The accused must have used criminal force on her
An intention to outrage the modesty of a woman must
be there.
Relevant case laws
Case: Rupan Deol Bajaj v. K.P.S. Gill[3]

Facts: The petitioner was an IAS Officer and accused

was DGP, Punjab. The petitioner was invited to a party
where the accused was also present. The accused asked
the petitioner to come and sit next to him and when she
went to sit, he pulled the chair closer to him and the
petitioner was surprised by this act and she pulled her
chair back to original place and again he pulled the chair
closed to him. The petitioner asked him to leave but he
again asked petitioner to accompany him in a
commanding voice. She got apprehended and
frightened and immediately pulled her chair back and
turned to get out. At this point, the accused slapped the
butt of the petitioner in the presence of all the guests
which was very embarrassing for her. She filed an FIR
against him.

Judgment: The High Court quashed the FIR and held

that the act was covered under Section 95, IPC.

The Supreme Court disagreed with the High Court and

held that quashing FIR is illegal and Section 95, IPC is
not at all applicable. The court further added that when
an offence relates to the modesty of women, it could
not be trivial under any circumstance. Therefore, the
accused was held liable under Section 354, IPC.

Case: Raju Pandurang Mahale v. State of

Maharashtra[4]

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 femanine decency.

Case: State of Punjab v. Major Singh[5]

Facts: In this case, the accused had caused injuries to

the vagina of a seven and a half months old child by
fingering.

Judgment: It was held that the accused was liable for

outraging the modesty of the child under Section 354,
IPC. The court further added that the essence of a
woman’s modesty is her sex. Young-old, intelligent or
imbecile, awake or sleeping; women possesses a
modesty capable of being outraged.
Insulting the Modesty of Women [Section 509]
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

This section requires-

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.
New Offences relating to Women
The Criminal Law (Amendment) Act, 2013 added many
new sections in the IPC, keeping in view the various
new forms of offensive activities against the safety and
dignity of women. Some are discussed below-

Disrobing a Woman (Stripping) [Section 354B]

Section 354B penalises the offence of assaulting or using
criminal force to a woman or abetting any such act with
an intention to disrobe or compel her to be naked, with
a punishment of not less than three years which may
extend to seven years with a fine. It is a gender specific
offence i.e. only a man can be punished under this
section.

Ingredients
The accused must be man.
Use of criminal force or assault or abetment of any such
act must be there.
There must be an intention to disrobe a woman or
compel her to be naked.
Voyeurism [Section 354C]
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
ssecretly. 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 upto three years
with fine. The second offence is punishable with
imprisonment of not less than three years which may
extend upto seven years with fine.

Ingredients

The accused must be a male.

He must watch or capture the image.
The woman whose images are captured must be
engaged in some private act.
The circumstances must be such that she has the
expectations of not being. observed by the perpetrator;
or
The accused disseminates that image.
Stalking [Section 354D]
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 internet,
email, or any other form of electronic communication.

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:

The accused must be a man and victim must be a

woman.
Follow or contact a woman or attempt to contact; or
Monitors the use by the woman of the internet, email
or any other electronic communication.
Despite disinterest of woman.
What does not amount Stalking?
Section 354D has a proviso attached to it which carves
out an exception to this offence. 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.

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.

Essential Ingredients of Acid Attack

The following are the requisites of an acid attack-

permanent/partial
damage/deformity/burn/idfigure/disable any part of
the body of any person; or
Grievous hurt by throwing acid; or
By using any other means;
There must be an intention to cause injury or hurt.
Sexual Harassment [Section 354A]
This new provision was originated in a judgment of the
Supreme Court dealing woth the issue of sexual
harassment at workplace. Through the Criminal Law
(Amendment) Act, 2013, Section 354A was inserted in
the IPC which defines the offence of ‘sexual
harassment’ and set down punishment for it.

According to Section 354A, a person shall be guilty of

the offence of sexual harassment against a woman in
the following circumstances-

If he makes physical contact and advance unwelcome

and explicit sexual act;
Demands or requests for sexual favours;
Shows pornography against the will of a woman;
Make sexually colored remarks.
The punishment for the offences specified under
Section 354A (1) (i) to (iii) is the rigorous imprisonment
for a term which may extend to three years or with fine
or both and in the case of sub clause (iv), it is
imprisonment for a term which may extend to one year
or with fine or both.

In 2013, the Sexual Harassment of Women at

Workplace (Prevention, Prohibition and Redressal) Act
was enacted to provide protection to women against
sexual harassemnt at workplace and for the prevention
and redressal of complaints regarding the matter of
sexual harassment or any such incident thereto.

Offences related to Marriage

Cruelty by Husband or his Relatives [Section 498A]
A separate chapter of IPC deals with the issues of
cruelty by a husband or his relatives under Section
498A, IPC. the objective behind the introduction of this
provision was to punish the husband and his relatives
who torture, ill-treat and harass a woman with a view
to force her or any other person related to het to meet
any unlawful demands.
This section has given a new dimension to the concept
of cruelty which is the essence of this section, for the
purpose of matrimonial relief. Not every type of cruelty
will attract Section 498A. It has been mentioned under
the section that what kind of cruelty is included hereby.

The punishment for this offence is imprisonment for a

term which may extend to three years with fine.

Essential Ingredients

To constitute an offence under Section 498A, the

following are the necessary conditions-

The victim must be a married woman/widow.

She has been subjected to cruelty by her husband or his
relatives.
Such cruelty consisted of either-
Harassment of a woman with a view to coerce her
meeting a demand of dowry; or
A wilful conduct by the husband or his relatives of such
a nature as is likely to lead the lady to commit suicide or
to cause grave injury to her life, limb or health
That such injury inflicted either physically or mentally.
Dowry Death [Section 304B]
Dowry deaths and bride burning are sinful act which are
still prevailing in the Indian society. It is a symptom of a
special social illness and are unfortunate developments
of our society. For this serious matter, the special
provision was inserted under IPC through Section 304B
which deals with dowry deaths.

Section 304B (1) defines dowry death whereas clause

(2) lays down its punishment which is not less than
seven years and may extend to life imprisonment.

Essential Ingredients of Dowry Death

The following ingredients of the offence need to be
established-

The death of a woman must be caused by burns or

bodily injury or otherwise than under normal
circumstances.
Such death must occur within the period of seven years
of marriage.
The woman must have been subjected to cruelty by her
husband or any other relative of her husband.
Such cruelty must be in connection with demand of
dowry.
Such cruelty must be shown out soon before her death.