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RESEARCH PROJECT ON

SEXUAL OFFENCES RELATED TO WOMEN


SUBMITTED TO

In Fulfillment of the Requirements for Internal Component in

LAW OF CRIMES
By
A.K.S.VISHNU
(Regd. No.BA0140077)
UNDER THE GUIDANCE & SUPERVISION OF
Prof. Mrs. GOLDA SAHOO

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Declaration

I do hereby declare that the project entitled “SEXUAL OFFENCES


RELATED TO WOMEN”submitted to Tamil Nadu National law school
in partial fulfilment of requirement of award of degree in undergraduate
in law is a record of original work done by me under the supervision and
guidance of Mrs. Golda Sahoo department of LAW OF CRIMES of Tamil
Nadu National law school and has not formed basis for award of any
degree or diploma or fellowship or any other title to any candidate of any
university.

Place: Trichy
Date: 19/03/2016
A.K.S.VISHNU
SECTION-B

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Certificate

This is to certify that the project entitled “SEXUAL OFFENCES


RELATED TO WOMEN” submitted to Tamil Nadu National law school in
partial fulfillment of requirement of award of degree of under graduate in Law
done by A.K.S.VISHNU under the supervision and guidance of Mrs.Golda Sahoo
department of LAW OF CRIMES of Tamil Nadu National Law School.

Place: Trichy

Date: 19/03/2016

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Acknowledgement

This project could not have been done without the help, guidance, and support
of few people who stood by my side from the very beginning of this project.

I’m very glad and grateful to Prof. Mrs.GOLDA SAHOO who was the initiative and
inspired me to take up this project. Her contribution to this project is an immense
one.

I’m also grateful to my parents and friends who all stood as a pillar of support for
me during this entire research work. Their contribution to this project is an
indispensable one.

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SEXUAL OFFENCES RELATED TO WOMAN

Introduction:-

In Indian society, woman occupy a dynamic position. According to the Indian sastras women are
the mother, the creator. But India is a country which has patriarchal system where the woman
have been given respect and also humiliated. There are various forms of crime against women at
all phases of life from birth, adulthood, marriage, death. This perception has given birth to
various customs and practices. Women are violated both inside and outside the house by the
known persons and unknown persons. We need to protect women and victims of rape from
criminals. And also from irresponsible society, indifferent police, insensitive judiciary,
inefficient executive, irrelevant procedures. Then it’s possible to stop rape.

Various legislations for safeguarding the women:-

There are various legislations added regarding the safeguarding of the women. Various
legislation for safeguarding crime against women, are classified under two categories:

The Crime under Indian Penal Code (IPC):-

i. Rape (Section 376 IPC)

ii. Kidnapping and abduction for specified purpose (Section 363-373 IPC)

iii. Homicide for dowry, Dowry death or their attempts. (Sec. 302/304-B IPC)

iv. Mental and physical torture.(Sec.498-A –IPC)

v. Sexual Harassment (Sec. 509 IPC)

vi. Importation of girls (Up to 21 years of age) (Sec. 366-B IPC)

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“In 2010 there were 22,193 victims of Rape out of 22,172 reported cases in the country. 8.9%
(1,975) of the total victims of Rape were girls under 14 years of age, while 16.1% (3,570) were
teenage girls (14-18 years). 57.4% (12,749) were women in the age-group 18-30 years. 3,763
victims (17.0%) were in the age-group of 30-50 years while 0.6% (136) was over 50 years of
age.”

“Woman”: as per Section 10 of the IPC “woman” denotes any female human being of any age.

Main sexual offences committed against women:-

As per section 10 of IPC: “Woman” refers to any female of any age

» Outraging the modesty of a women

» Insulting the modesty of a women

» Rape

» Kidnapping or abducting a women

» Offences under the Dowry Prohibition Act 1961

» Criminal breach of trust

» Domestic Violence

» Dowry death

» Abetment of suicide of a married woman.

» Bigamy

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RAPE:-

Relevant provisions governing the offence of rape are:-

-Section 375 and 376 of IPC.

Circumstances a man is charged for raping a woman:

A man is said to have committed rape on woman under circumstances falling under any of the
following circumstances.

· Against her will

· Without her consent

· With her consent, when her consent is obtained by putting her in fear of death or of hurt.

· With her consent , when man knows he is not her husband and that her consent is given
because she believes that he is another man to whom she is or believes herself to be
lawfully married.

· With or without her consent when she is under 16 years of age.

Nirbaya case -‘Post criminal amendment’

The most unfortunate event has taken place in West Bengal. It has brought tears in all of us.
What a cruel act! A seventy two year old nun has been subjected to the most brutal act. Is this the
country which worships women?

All of you are familiar with the terrible gang rape that took place in Delhi. The case
subsequently became known as the ‘Nirbhaya case’. A young 23-year-old girl, a physiotherapist
trainee, boarded a bus with a young male friend after viewing a late night show .

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The driver and five other persons in the bus brutally raped her. The youngest of them was a
juvenile He pulled out her intestines and threw her naked body on the road. It was brutal. The
whole world was shocked. The brave young girl fought with all her might but could not, alas,
survive her injuries.

The rape itself took place on 16 December 2012 following which two Commissions of Inquiry
were constituted. the three-member committee was headed by Justice Verma. As a direct result
of the Verma Committee Report various new laws were enacted, many of them containing
amendments and modifications in the existing penal code, Criminal Procedure Code (CrPC) and
laws of evidence. Of all the changes that followed the committee’s recommendations, there is
greater public interest in the anti-rape law specifically. After studying various cases Justice
Verma made this painful statement

It is unfortunate that such a horrific gang rape was required to trigger the response needed for the
preservation of the rule of the law – the bedrock of a republic democracy.

Now let us see the amendments

The is first is related to the crime of throwing acid on a girl.

In 2013 Section 100 IPC clause 7 was introduced. Previously only 6 clauses were there. Now

the 7th clause says an act of throwing or administering acid or attempting to throw or administer

acid which may cause reasonable apprehension that grievous Injury may be the consequence is a

crime.

Further 100 gives the Right of Private Defence. The person who is attacked seriously can defend

herself even to the extent of causing death of the offender .

Reasonable cause for apprehension of death of the person who defends herself is enough for a

counter attack which may result in the death of the criminal

1. Assault which is a reasonable cause for apprehension of death.

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2. Assault with the intension to rape.

3. Assault with intention of unnatural offence.

4. Assault with the intention of kidnapping or abducting

There were initially six such offences. Now the amendment includes the throwing of

acid also .

The seventh one is:

7. Act for throwing acid or attempting to do it

It means that if anyone pours acid or threatens to pour acid the victim has got the right to cause

death of the person who attacks.

What should the investigating officer do?.

In many parts of the world, especially Pakistan, Iran and certain parts of India acid attacks on

women are frequent. It may be a jilted lover, an act of revenge or simply plain brutality. As

‘outraging the modesty of woman’, there is need for special focus and a higher punishment.

Acid attacks could have been tried under Section 326 of the IPC which deals with ‘grievous

hurt’.

There are now two new sections on using acid, namely Sections 326 (A) and 326 (B). Clause 5

of the Criminal Law (Amendment) 2013 which provides that ‘after Section 326 (A) of the Indian

Penal Code, the following sections shall be inserted:

326 (A) IPC voluntarily causing grievous hurt by use of acid . the punishment is imprisonment

for not less than ten years which may extend to life imprisonment and with fine.

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326 (B) IPC Attempt to throw acid. Punishment up to 7 years

Now let us discuss sexual harassment

354 (A) Sexual harassment

1. Physical contact & advances involving unwelcome & explicit sexual overtures

2. Demand for sexual favour or request

3. Showing pornographic material

4. Making sexually coloured remarks

All these have become serious crimes now punishable with imprisonment up to 3

years or with fine or both for 1,2,3. For the fourth crime one year.

There is another offence against women in some parts of North India. It is disrobing

the woman in public.

354 (B) disrobing the woman.

It is an offence Assault or abuse

There have been innumerable instances that one has read over the years about how a woman was

disrobed in full public view. This most often happens in a rural setting but it also does happen in

cities and towns. Even in Nirbhaya’s case the juvenile was alleged to have suggested that her

naked body was thrown on the road; there was little clothing on her body when she and her male

companion were thrown out of the bus. The film Bandit Queen, is based on the true life story of

a woman who turned into a fearful dacoit and later became a politician. it also contains one such

episode where she was stripped and humiliated in public.

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There is one more offence against woman. It is called voyeurism. It means secretly viewing

women. Now this kind of crime is rampant because of the availability of cell phone cameras’

354 (C) Voyeurism

‘Man Films Lady Advocate in HC Chamber Toilet’. You would have read this item in the

newspapers./ it is related to the offence of voyeurism (and certainly some other offences as well).

As reported, at the Delhi High Court one of the cleaning staff men decided to take a video of a

female lawyer inside the chamber toilet in the old building. He shot the video with his mobile

phone through an exhaust fan opening. Somehow the lawyer came to know and raised an alarm.

Lawyer Meera Bhatia from the Delhi High Court pointed out that if this could happen to a

female lawyer, what can be said about women who are less empowered. The new offence of

‘voyeurism’ is thus a useful addition to the catalogue of offences under the IPC.

Man who watches or captures the image of the woman engaging in private act it is an offence.

Punishment: first conviction 3 years, second conviction upto 7 years

Nowadays we find young men following girls in the streets, teasing them or making rude and

lewd comments about them. This is a serious offence. Similarly some men will try to have

physical contact with the woman without her knowledge. All this will come under stalking

354 (D) Stalking

(A) Follow a woman, and contact & attempt to contact

Monitoring the e-mail or internet of a woman, is also punishable

Punishment: first offender 3 years . second offence 5 years .

Sexual intercourse by husband during separation

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376 (B) IPC up on wife during separation. That is called marital rape

Prior to amendment punishment 2 years. Now 7 years, minimum punishment 2 years.

509 IPC word or gesture intended to insult the modesty of the woman

Prior to amendment 1 year. After amendment upto 3 years

Registering the offences

There are clear cut directions to the police regarding registering cases.

Sec. 154 CrPC

Complaint with regard to offences

1. The complaint should be registered by woman police.

2. If a mentally ill person or a physically disabled person wants to make a complaint to the

police they have go to their place

All proceedings should be video-graphed.

Whenever these offences are reported as soon as possible (Sec. 164) they should be recorded by

magistrate as soon as possible.

166 Public servant disobeying direction under law (166 A & 166 B)

1. Disobeying any direction of law requiring the attendance of any person for investigation

is an offence.

2. Disobeying any law relating to conduct of investigation.

3. Failing to record any information with regard to any offence punishable U/S 326 (A), (B),

354, 354 CBI, 370, 376, ABCBE.

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Any Police Officer who fails to register a case on complaint can be prosecuted, punishable with

not less than 6 months and a maximum of 2 years. Further if any crime against the woman is

reported to the Police and if the Police fail to register the case he can be prosecuted.There is a

case which can be termed the first in history ( refer 154 CrPc).

Refer Lalitha Kumari Case

Previously when a cognizable offence was reported it was the duty of the Police to register a

case. For a failure to register, he could not be prosecuted. Failure to register the case only

amounted to a crime to be taken as contempt of court. But after the amendment, failure to

register the case is crime liable for Criminal Prosecution.

As per the sec. 197 CrPC, formerly, if a police officer for failure of recording FIR or

statement they can be prosecuted only with the sanction of the Government. Now need not.

(273 CrPC) – During cross examination the victim should be put in a comfortable position by

taking appropriate measures.

(Sec. 119 IEA – Deaf & Dumb – Witness unable to communicate proper interpreter or special

Education has to be engaged.

As per the Sec. 146 IEA

There should not be character assassination cannot be permitted.

Once a person is charged for offences elated to rape, he can to be escaped from the punishment.

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Punishment for rape:-

Approach towards safety of women:-

1• To increase reporting of rape and assault cases:-

To increase the reporting of such cases at first we need to empower the women and children.
They must be educate on their rights and encourage them to come forward to register the cases.
There are many violent cases but due to stigma in the society very few are reported.It is said that
more than 95% of the cases are not reported due to the fear of judicial action and bad name.

2• Law enforcement agencies:-

Law enforcers should be well trained to react swiftly and with sensitivity towards the women and
children cases.They should not be vulnerable to influence of any kind.

3• Exemplary punishment:-

Punishment of every culprit need to be exemplary. Campaigning of “Zero- tolerance” of sex


offenders. More and more fast track court should establish.

4• Proper planning of the city:-

Every city should be planned in a very specific manner. According to Ranjana Kumari, director
of Delhi’s Centre for Social Research, only 37% of the city was ever planned. "The rest is . . .
slums, villages, with no proper lighting or development," she said last week. "There are many
pockets of crime."

5• Indian Police system:-

Neither the Centre nor States have been proactive in improving the quality of Policing. Official
records shows that only 14 states have either enacted the New Police Act or amended their
existing laws to incorporate SC's suggestion.Finally, a nationwide campaign is needed to reignite

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India’s core values and traditions that respect and nurture women and children. This can only be
borne out of consensus in society. Awareness amongst men of the scope of this issue is critical.
Men who turn a blind eye to such brutal acts in their own neighborhoods, communities and
families are just as culpable as those that perpetrate these acts. Action from courts and police will
not suffice if the community remains defiantly opposed to change.1

CONCLUSION:-

Sexual crime against women and children is universal illegal. In fact, this type of crime is a
imperfection on the face of any civilized society like India. It reflects the mindset of a regressive
era with patriarchal dominance.

REFERENCE:

1.Sexual harassment against women in India by Varun Kapoor.

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