WOMEN AND CRIMINAL OFFENCES

1. Section 304B IPC: Dowry Death Section 80 , IPC

 Definition: It defines "dowry death" as the death of a woman within seven years of her marriage due
to burns, bodily injury, or other unnatural circumstances, if it's shown that she was subjected to
cruelty or harassment by her husband or his relatives for dowry demands.
 Punishment: Imprisonment for a minimum of 7 years and a maximum of life imprisonment.

Key Elements:

 Death of a woman within seven years of marriage.

 Death caused by burns, bodily injury, or unnatural circumstances.
 Evidence of cruelty or harassment by husband or relatives related to dowry demands.

Recent Changes (As of December 26, 2023):

 No specific amendments to Section 304B itself in recent years.

 Relevant developments in related laws and judgments:
o Criminal Law (Amendment) Act, 2013: Introduced Section 304B(2), making dowry death a
non-bailable offense.
o Supreme Court judgments:
 Shakil Ahmad vs State of Uttar Pradesh (2018): Emphasized the need for strong
evidence to establish cruelty and harassment, and clarified the scope of "soon before
death" in dowry death cases.
 Satbir Singh vs State of Haryana (2020): Held that a conviction under Section 304B
can be sustained even if the exact cause of death is not determined, as long as
circumstantial evidence establishes a dowry death.

Landmark Judgments:

 Khem Chand vs State of Haryana (1994): Established the principle of presumption of dowry death
under Section 304B, shifting the burden of proof to the accused to prove their innocence.
 State of Punjab vs Iqbal Singh (1991): Defined the scope of "soon before death" in dowry death
cases, indicating it should be a reasonable period before death, not necessarily immediately
preceding it.
 2. Section 306 of the IPC and Section 113B of the Evidence Act, along with landmark judgments:

Section 306 IPC: Abetment of Suicide section 108

 Definition: It deals with abetting or encouraging the act of suicide. It states that anyone who abets the
commission of suicide shall be punished with imprisonment of either description for a term which
may extend to 10 years, and shall also be liable to a fine.

Key Elements:

 Suicide by a person.
 Abetment of that suicide by another person.
 Abetment can be done through:
o Instigation (provoking, inciting, urging)
o Conspiracy (planning or agreeing to commit suicide)
o Aid (providing assistance or means to commit suicide)

Essentials for Conviction:

 The prosecution must prove beyond reasonable doubt that:

o The person committed suicide.
o The accused abetted the suicide.
o There was a direct link between the abetment and the suicide.

Important Points:

 Merely giving advice or expressing an opinion, even if it's critical or harsh, is not enough to
constitute abetment.
 There must be a clear intention to encourage or facilitate the suicide.
 The accused's actions must have played a substantial role in the person's decision to take their own
life.

Section 306 IPC (Abetment of Suicide):

 Defines the offense of abetting suicide.

 Requires proof of abetment and suicide.

Section 113B of Evidence Act (Presumption as to dowry death):

 Creates a presumption of dowry death in certain circumstances.

 Shifts the burden of proof to the accused to prove their innocence.

Relationship:
  Both sections deal with deaths related to cruelty or harassment, but they have distinct elements and
presumptions.
 Section 113B specifically applies to dowry deaths, while Section 306 applies to abetment of suicide
generally.
 However, courts have often applied the principles of Section 113B to cases of abetment of suicide by
a husband or his relatives, where dowry demands and harassment are involved.

Landmark Judgments:

 Khem Chand vs State of Haryana (1994):

o Established the principle of presumption of dowry death under Section 304B, which has been
extended to abetment of suicide cases in certain scenarios.
 Shakuntala Devi vs State of Haryana (2010):
o Held that the presumption under Section 113B can be applied to abetment of suicide cases if
there's evidence of cruelty or harassment for dowry demands, even if the cause of death isn't
conclusively proven to be suicide.
 Yaddanapudi Madhusudhana Rao vs State of Andhra Pradesh (2023):
o Emphasized the need for strong evidence to establish abetment of suicide and cautioned
against automatic application of presumptions.

Key Points:

 The presumption under Section 113B is not automatic in abetment of suicide cases; it must be
carefully evaluated based on the facts and evidence.
 The prosecution still bears the primary burden of proving abetment beyond reasonable doubt.
 Courts have been balancing the need to protect victims of cruelty and harassment with the need to
ensure fair trials and prevent wrongful convictions.
 3. Section 313 IPC: Causing Miscarriage without Woman's Consent section 89

 Definition: It states that whoever commits the act of causing a miscarriage without the consent of the
woman, whether she is pregnant or not, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be liable
to a fine.

Key Elements:

 Causing a miscarriage (termination of pregnancy).

 Lack of consent from the woman.
 Applies whether the woman is pregnant or not (as it also covers unsuccessful attempts).

Landmark Case Laws:

1. Suchita Srivastava v. Chandigarh Administration (2009):

o The Supreme Court held that a woman's consent for abortion is paramount and must be
voluntary and informed.
o It emphasized that medical professionals must ensure proper counseling and obtain valid
consent before performing abortions.
2. Shanti Devi v. State of Rajasthan (2015):

o The court held that the offense under Section 313 is not compoundable, meaning it cannot be
settled out of court between the parties.

Recent Developments (As of December 26, 2023):

 No specific amendments to Section 313 itself in recent years.

 Relevant developments in related laws and judgments:
o Medical Termination of Pregnancy (Amendment) Act, 2021: Expanded the grounds for legal
abortion and provided for access to safe abortion services.
o Supreme Court judgments:
 X v. Union of India (2017): Allowed termination of pregnancy up to 20 weeks for
women with certain fetal abnormalities.
 K v. Union of India (2023): Upheld a woman's right to terminate a pregnancy
resulting from rape or incest, even after 20 weeks.
 4. Section 314 IPC: Death Caused by Act Done with Intent to Cause Miscarriage

Section 90

 Definition: It states that whoever, with intent to cause the miscarriage of a woman with child, does
any act which causes the death of such woman, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
 Enhanced Punishment: If the act is done without the consent of the woman, the punishment is either
imprisonment for life or imprisonment of either description for a term up to ten years, along with a
fine.

Key Elements:

 Intent to cause miscarriage.

 Act causing death of the woman.
 No requirement for actual miscarriage to have occurred.

Landmark Judgments:

Recent Developments (As of December 26, 2023):

 No specific amendments to Section 314 itself in recent years.

 Relevant judgments:
o Shabnam v. State of Uttar Pradesh (2020): The court upheld the conviction of a woman under
Section 314 for causing the death of her pregnant daughter-in-law by administering a
poisonous substance to induce abortion.
 5. Section 326A IPC: Voluntarily Causing Grievous Hurt by Use of Acid, etc.
SECTION 124

 Definition: It specifically addresses acid attacks, penalizing anyone who causes grievous hurt by
using acid or similar substances with the intention to injure or disfigure.

Punishment:

 Imprisonment of either description (rigorous or simple) for a term not less than 10 years, but which
may extend to life imprisonment.
 Fine, which must be just and reasonable to meet the medical expenses of the victim.
 The fine is paid directly to the victim.

Recent Developments in Punishment:

 Criminal Law (Amendment) Act, 2013: Introduced Section 326A to specifically address acid attacks
and provide for stricter punishment.
 Supreme Court judgments:
o Laxmi v. Union of India (2014): Directed the government to frame a comprehensive policy
for the treatment, rehabilitation, and compensation of acid attack victims.
o Parivartan Kendra v. Union of India (2015): Ordered state governments to regulate the sale of
acid and provide financial assistance to acid attack victims.

Additional Key Points:

 The offense under Section 326A is cognizable, meaning the police can arrest the accused without a
warrant.
 It's non-bailable, meaning bail is not a matter of right for the accused and must be granted by the
court based on specific grounds.

Recent Amendments (As of December 26, 2023):

 No specific amendments to Section 326A itself in recent years.

 Relevant developments in related laws and policies:
o The Rights of Persons with Disabilities Act, 2016: Recognizes acid attack survivors as
persons with disabilities, entitling them to various benefits and support services.
o The Acid Attack Survivor Welfare and Rehabilitation Scheme: Provides financial assistance
for medical treatment, rehabilitation, and livelihood support to acid attack victims.
 While significant progress has been made in addressing acid attacks, there's scope for further
strengthening:
o Enhanced compensation and rehabilitation measures.
o Stricter regulation of acid sale and distribution.
o Greater awareness and prevention campaigns.
 o Expedited trials and timely justice for victims.

Section 326B IPC: Voluntarily Throwing or Attempting to Throw Acid, etc.

SECTION 124

 Definition: It specifically addresses attempted acid attacks, penalizing anyone who throws or
attempts to throw acid or similar substances with the intention to cause grievous hurt, even if the
attack is unsuccessful.

Punishment:

 Imprisonment of either description (rigorous or simple) for a term not less than 5 years, but which
may extend to 7 years.
 Fine, which shall be just and reasonable.

Key Elements:

1. Voluntary Act: The act of throwing or attempting to throw acid must be intentional and deliberate.
2. Acid or Similar Substance: The substance used must be acid or a similar substance capable of
causing grievous hurt, such as corrosive chemicals, burning substances, or other substances with the
potential to disfigure or disable.
3. Intention to Cause Grievous Hurt: The offender must have the intention to cause grievous hurt or
disfigurement, even if the actual injury is less severe or doesn't occur.

Important Points:

 The offense under Section 326B is cognizable, meaning the police can arrest the accused without a
warrant.
 It's non-bailable, meaning bail is not a matter of right for the accused and must be granted by the
court based on specific grounds.
 The definition of "acid" includes any substance with acidic or corrosive character or burning nature
that can cause bodily injury leading to scars, disfigurement, or temporary or permanent disability.
 Permanent or partial damage or deformity under this section is not required to be irreversible.

Purpose:

 Deter acid attacks by punishing even unsuccessful attempts.

 Provide a measure of justice and protection for potential victims.
 Raise awareness about the severity of acid attacks and their consequences.

Significance:

 Recognizes the psychological trauma and fear associated with acid attacks, even if physical injury is
avoided.
 Acknowledges the potential for serious harm even in unsuccessful attempts.
 Emphasizes the need for prevention and early intervention in cases of acid attack threats or attempts.
 6. Section 354 of the IPC criminalizes assault or use of criminal force against a woman with the intent
to outrage her modesty. It aims to protect women from various forms of sexual harassment and
molestation.

Section 74

Key Elements:

 Assault or Criminal Force: This includes any physical contact (such as touching, groping, pushing, or
striking) or the threat of such contact that is intended to violate a woman's modesty.
 Intent to Outrage Modesty: The offender must have the specific intention to violate the woman's
sense of dignity, privacy, or sexual integrity. This includes actions that are intended to
humiliate, embarrass, or degrade her.

Punishment:

The punishment for Section 354 is imprisonment of either description (simple or rigorous) for a term that:

 May extend to two years for the basic offense.

 Shall not be less than one year but may extend to five years if the assault involves disrobing or
compelling the woman to be naked.
 Shall not be less than two years but may extend to seven years if the offense is committed by a
relative, guardian, teacher, or person in a position of trust or authority.

Additionally, the offender may be liable to a fine.

Important Points:

 Consent is not a defense under this section. Even if the woman consented to the physical contact, it
can still be considered an offense if the intention was to outrage her modesty.
 The term "modesty" is not defined in the IPC. Courts have interpreted it to include a woman's sense
of dignity, honor, and sexual integrity.
 Section 354 is a cognizable and bailable offense. This means that the police can arrest the accused
without a warrant, and the accused can apply for bail.
 The offense is compoundable. This means that the parties can settle the matter out of court, and the
charges can be dropped.

State of Haryana v. Rajbir Singh (2017):

 The Supreme Court held that even a verbal remark or gesture that is intended to outrage a woman's
modesty can constitute an offense under Section 354.

. State of Maharashtra v. Sudhir Vasant Karnataki (2022):

 The Bombay High Court held that a woman can also be held guilty of the offense of outraging the
modesty of another woman under Section 354.
 7. Section 354A IPC: Sexual Harassment section 75

Definition:

 Criminalizes specific acts of sexual harassment against women, including:

o Physical contact and advances involving unwelcome and explicit sexual overtures
o Demanding or requesting sexual favors
o Showing pornography
o Making sexually colored remarks

Punishment:

 Clauses (i), (ii), and (iii) (physical contact, demands for sexual favors, showing
pornography): Rigorous imprisonment for up to 3 years, a fine, or both.
 Clause (iv) (sexually colored remarks): Imprisonment of either description for up to 1 year, a fine, or
both.

1. Saurabh Kumar Mallick v. C.B.I. (2018):

o Supreme Court clarified that sexually colored remarks, even if not accompanied by physical
contact, can constitute sexual harassment under Section 354A.
o Held that the offense is complete when the remark is made, regardless of the victim's
reaction.
2. State of Karnataka v. Krishnappa (2020):

o Karnataka High Court held that placing a hand on a woman's body while she is sleeping is a
prima facie offense under Section 354A.
o Emphasized the importance of consent in all physical interactions.

8. Section 354B IPC: Assault or Use of Criminal Force to Woman with Intent to Disrobe

Section 76

Definition:

 Criminalizes acts of assault or criminal force against a woman with the specific intention of
disrobing her or compelling her to be naked.
 It targets offenses that violate a woman's dignity and bodily integrity by attempting to forcibly
expose her body.

Punishment:
  Imprisonment of either description (simple or rigorous) for a term not less than three years but which
may extend to seven years.
 Additionally, the offender may be liable to a fine.

Key Case Laws:

1. PRC 432/2018 u/s 448/354(B) IPC r/w Section 511 of IPC (Nagaland Judiciary, 2019):

o The accused entered a woman's house with the intention of raping her and attempted to
disrobe her.
o The court held that the intention to disrobe was evident from the accused's actions and
convicted him under Section 354B.
2. JAIL APPEAL No. 5095 of 2017 (Allahabad High Court, 2020):

o The accused assaulted a minor girl and attempted to disrobe her.

o The court upheld the conviction under Section 354B and sentenced the accused to four years
of rigorous imprisonment.
3. Sudhir v. State of U.P. (Allahabad High Court, 2017):

o The court held that the act of forcibly removing a woman's dupatta (scarf) with the intention
to disrobe her would fall within the scope of Section 354B.
 9. Section 354C IPC: Voyeurism section 77

Definition:

 Criminalizes the act of watching or capturing images of a woman engaging in a private act without
her consent.
 Aims to protect women's privacy and dignity, particularly in situations where they have a reasonable
expectation of not being observed.

Key Elements:

 Any man: The offense can only be committed by a man.

 Private act: Includes acts where the victim's genitals, posterior, or breasts are exposed or covered
only in underwear, using a lavatory, or doing a sexual act not ordinarily done in public.
 Expectation of not being observed: The victim must have a reasonable expectation of privacy in the
circumstances.
 Watching or capturing images: The offense includes both visually observing and recording images or
videos.
 Dissemination: Dissemination of such images, even if initially captured with consent, is also an
offense if done without the victim's consent to dissemination.

Punishment:

 First conviction: Imprisonment of either description (simple or rigorous) for a term not less than one
year but which may extend to three years, and a fine.
 Subsequent conviction: Imprisonment for a term not less than three years but which may extend to
seven years, and a fine.

Key Case Laws: 1. 'Perpetrator' U/S 354C IPC Excludes Victim's Sexual Partner In Consensual
Relationship (Telangana High Court, 2023):

o The court held that consensual sexual partners do not fall within the scope of "perpetrator"
under Section 354C.
o This means that recording intimate videos with the consent of the partner, but without
consent to dissemination, does not constitute voyeurism under this section.
2. State of Maharashtra v. Sudhir Vasant Karnataki (2022):

o The court held that a woman can also be held guilty of voyeurism if she violates another
woman's privacy in the manner described in Section 354C.
 10. Section 354D IPC: Stalking section 78

Definition:Key Elements:

 Any man: The offense can only be committed by a man.

 Repeated conduct: The behavior must be repeated or persistent, indicating a pattern of harassment.
 Disinterest: The woman must have clearly indicated a lack of interest in or objection to the behavior.
 Intent to foster personal interaction: The stalker's actions must be motivated by a desire to initiate or
maintain personal contact with the woman, even against her wishes.
 Specific acts: The law outlines three specific types of stalking behavior:
o Following or contacting a woman repeatedly despite her disinterest
o Monitoring her use of the internet or electronic communication
o Attempting to foster personal interaction repeatedly despite clear disinterest

Punishment:

 First conviction: Imprisonment of either description for a term which may extend to three years, and
a fine.
 Second or subsequent conviction: Imprisonment for a term which may extend to five years, and a
fine.

Key Case Laws:

1. 'Intent To Foster Personal Interaction' Essential Ingredient Of Stalking, Mere Threat Or Abuse
Doesn't Attract S.354D IPC (Kerala High Court, 2020):

o The court clarified that mere threats or abuse, without a clear intent to foster personal
interaction, may not constitute stalking under Section 354D.
o The prosecution must establish the stalker's intention to initiate or maintain personal contact
with the woman.
2. Repeated Behaviour Needed To Prove Stalking Under Sec 354D: HC (Bombay High Court, 2019):

o The court emphasized that repeated or persistent behavior is essential to prove stalking under
Section 354D.
o Isolated incidents, even if unwelcome, may not meet the threshold for stalking.
 11. Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely
that she will be compelled, to marry any person against her will, or in order that she may be forced or
seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit
intercourse, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this
Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place
with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall also be punishable as aforesaid.

S. 366 A Procuration of minor girl

Description
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any
place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or
seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend
to ten years, and shall also be liable to fine.
Classification u/schedule 1 CrPC
Offence Punishment
Procuration of minor girl 10 Years + Fine
Bail Triable By
Cognizance
Cognizable Non-Bailable Court of Session
Composition u/s 320 CrPC
Offence is NOT listed under Compoundable Offences

Section 366B. Importation of girl from foreign country.

Whoever imports into 1 [India] from any country outside India 2 [or from the State of Jammu and Kashmir]
any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she
will be, forced or seduced to illicit intercourse with another person, 3 *** shall be punishable with
imprisonment which may extend to ten years and shall shall also be liable to fine.]
S. 370

Trafficking of persons

Description

1. Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or
(e) receives, a person or persons, by—
1. using threats, or
2. using force, or any other form of coercion, or
3. by abduction, or
4. by practising fraud, or deception, or
5. by abuse of power, or
6. by inducement, including the giving or receiving of payments or benefits, in order to achieve
the consent of any person having control over the person recruited, transported, harboured,
transferred or received,
commits the offence of trafficking1.

Explanations
1. The expression “exploitation” shall include any act of physical exploitation or any form of
sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of
organs.
2. The consent of the victim is immaterial in determination of the offence of trafficking 1.
2. Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term
which shall not be less than seven years, but which may extend to ten years, and shall also be liable
to fine.
3. Where the offence involves the trafficking1 of more than one person, it shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years but which may extend to
imprisonment for life, and shall also be liable to fine.
4. Where the offence involves the trafficking of a minor, it shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years, but which may extend to
imprisonment for life, and shall also be liable to fine.
5. Where the offence involves the trafficking of more than one minor, it shall be punishable with
rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend
to imprisonment for life, and shall also be liable to fine.
6. If a person is convicted of the offence of trafficking of minor on more than one occasion, then such
person shall be punished with imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.
7. When a public servant or a police officer is involved in the trafficking of any person then, such
public servant or police officer shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
1
Criminal Law (Amendment) Act, 2013

Classification u/schedule 1 CrPC

Offence Punishment
1. Trafficking of person 1. 7 to 10 years + Fine
2. Trafficking of more than one person 2. 10 years to Life + Fine
3. Trafficking of minor 3. 10 years to Life + Fine
4. Trafficking of more than one minor 4. 14 years to Life + Fine
5. Person convicted of offence of trafficking of 5. Imprisonment for Natural-
minor on more than one occasion Life + Fine
 6. Public servant or a police officer involved in 6. Imprisonment for Natural-
trafficking of minor Life + Fine

Bail Triable By
Cognizance
1. Cognizable 1. Non-bailable 1. Court of Session
2. Cognizable 2. Non-bailable 2. Court of Session
3. Cognizable 3. Non-bailable 3. Court of Session
4. Cognizable 4. Non-bailable 4. Court of Session
5. Cognizable 5. Non-bailable 5. Court of Session
6. Cognizable 6. Non-bailable 6. Court of Session

Offence is NOT listed under Compoundable Offences

Offences related to marriage (sec 493 to 498A)
Offences Relating To Marriage (Indian Penal Code 1860, Section 493 to 498A)
Chapter XX of IPC deals with offences relating to marriage. All these offences are within the institution of
marriage. chapter XX-A containing only one section (s.498A) dealing with cruelty to a woman by her
husband or relatives to coerce her and her parents to meet material greed of dowry was added to the IPC by
criminal law (Second amendment act,1983).

Following are main offences under this chapter:

1. Mock or invalid marriage (section 493 and 496).

2. Bigamy (section 494 and 495).
3. (Adultery (section 497)
4. Criminal elopement- seduction (section498)
5. Cruelty by husband or relatives of husband (section 498A)

Section 493- cohabitation caused by man deceitfully inducing a belief of lawful marriage.
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 term which may extend to ten years and shall also be liable to
fine. It is non-cognizable and non-bailable.

Section 496- Marriage ceremony fraudulently gone through without lawful marriage
Whoever dishonestly or with fraudulent intention goes through the ceremony of being married knowing that
he is not thereby lawfully married shall be punished with imprisonment for term which may extend to seven
years and shall also be liable for fine. It is non-cognizable and bailable.

In both the sections woman is cheated by the man into believing that she is legally married to him, but men
is fully aware that the same is not true.

Section 494- Marrying again during lifetime of husband or wife (Bigamy)

Whoever having husband or life living marries in any case in which such marriage is void by reason of its
taking during the life of such husband or wife. Shall be punished with imprisonment of either description for
term which may extend to seven years and shall be liable for fine.

Exception: This section does not extend to any person whose marriage with such husband or wife has been
declared void by court of competent jurisdiction. Any person who contracts marriage during the life of
former husband or wife, if such husband or while at the time of subsequent marriage shall been continually
absent from such person for seven years and shall not been heard by such person as being alive within that
time provided the person contracting such subsequent marriage takes place, inform the person with whom
such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Section 495- Same offences with concealment of former marriage from person with whom subsequent
marriage is contracted.
The essential ingredients are:

1. Existence of a previous marriage.

2. Second marriage to be valid.
3. Second marriage to be void by reason of first husband or wife living.
4. Non-disclosure of first marriage.

Whoever commits the offence defined in 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.

Pashaura Singh v state of Punjab, AIR 2010 SC 922

In the above case it was held that, the first marriage should be substituting at the time of second marriage
and should be validly contracted one. If the first marriage is not a valid marriage, the second marriage does
not amount to bigamy.

Section 497- Adultery

Adultery is sexual intercourse between a married person and someone other than the lawful spouse. Under
law adultery is defined as a consensual physical correlation between two individuals who are not married to
each other. Adultery is also known as infidelity or extra-marital affair which is certainly a moral crime and is
been considered as a sin by almost all religions.

According to section 497 � whoever has sexual intercourse with a person who is and whom he knows or
has reason to believe to be wife of another man, without the consent 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 or either description for a term which may extend to five years, or with fine, or with
both. In such a case wife shall not be punishable as an abettor.

The essential ingredients are:

1. Sexual intercourse between married woman and man who is not her husband.
2. Woman must be married � sexual intercourse by a man, who is the wife of another man.
3. Sexual intercourse must take place with woman consent .i.e.:-it must not constitute rape.
4. Sexual intercourse with married woman must take place without the consent or connivance of her
husband.

Section 498 � Enticing or taking away or detaining with criminal intent a married woman
Whoever takes or entices away any woman who is and whom he knocks or has a 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 finem or with both.
Essential ingredients are:

1. Takes or entices away.

2. Woman to be a married woman.
3. The person enticing or taking away the married woman should have knowledge that she is the wife
of another man.
4. Taken from control of husband or person having care of her on behalf of her husband.
5. Intention to have illicit intercourse.
6. Conceals or detains any such woman.

Alamgir v state of Bihar, AIR 1969 SC 436

It was observed that whilst the wife is living with the husband, man knowingly goes away with her in such a
way as to deprive the husband of his control over her, with the intent to have illicit intercourse, then it
constitutes an offence within the section.

Section 498A � Cruelty by husband or relatives of husband.

Whoever being husband or relative of husband of a woman, subject such woman to cruelty shall be punished
with imprisonment for term which may extend to three years and shall also be liable to fine.

Explanation: for purpose of this section cruelty means:

a. Any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether physical or mental) of the woman; or
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b. harassment of the woman where such harassment is with a view to coercing her or any person related
to her to meet any unlawfully demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.

For safeguarding the interest of a woman against cruelty the Indian Penal Code, 1860 was amended in 1983
and S.498Aand S.304B was inserted which deals with �Matrimonial Cruelty� to a women by husband and
his relatives and dowry death respectively. Section 113B was added to Indian Evidence Act, 1872, wherein it
as provide that if it was shown that soon before the death of the woman she was subjected to cruelty or
harassment by person in connection with demand for dowry, then it shall be presumed that such person who
harassed the woman had caused the death of woman.

Inder Raj Malik v. Sunita Malik, 1896 It was held that word �cruelty� is defined in explanation which
inter alia says that harassment of a women with a view to coerce her or any related persons to meet any
lawful demand for any property or any valuable security is cruelty.

Reema Aggarwal v. Anupam AIR 2004 SC 1418

It was argued that 'husband' of 'second wife' who marries her during the subsistence of his earlier legal
marriage, is not husband within the meaning of section 498A and the second wife, therefore, cannot invoke
section498A for cruelty and harassment caused to her by him or his relatives. The appellant, Reema
Aggarwal, who was harassed by her husband and his relatives for not bringing sufficient dowry, consumed
poisonous substance .She admitted that she married him during lifetime of his first wife. Based on this fact
her husband with others, was charged-sheeted under sections 307 and 498A.
Section 509 IPC, as defined under the code states as, “Whoever intending to insult the modesty of a woman,
utters any word, makes any sound, or gesture, or exhibits any object, intending that such word or sound
shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of
such woman, shall be punished with simple imprisonment for a term which may extend to three years, and
also with fine”.

Sec 509 IPC is one of the most important sections of the Indian Penal Code. The object of this section is to
protect the modesty and chastity of a woman. To establish an offence under this section, a person requires
the following essential elements. These are as follows:

 Intention to insult the modesty of a woman,

 The insult must be caused-

1. by uttering some word, or making some sound, or gesture or exhibiting any object or so as to be
heard or seen by such woman, or
2. by intruding upon the privacy of such woman.