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Breaking the glass ceiling: With

special reference to Law related


to Women

Dr. S. Shanthakumari, B.Sc. MBA, PhD


Professor and Director, MBA
Karpagam College of Engineering

Mr. S. Hari Hara Sudhan, M.A LL.B MBA,


Manager HR, Karpagam Institutions
Meaning of Law
Law is a general rule of external human action
enforced by political authority
- Holland
Social Security Laws
After independence, Indian Government took keen
interest to provide social security to workers. So, the
Parliament amended the existing legislations to make
them more suitable and beneficial for the workers. The
social security legislations enacted were:
Employees State Insurance Act, 1948;
Employees Provident Fund Act, 1952;
Maternity Benefit Act, 1961;
Payment of Gratuity Act, 1972.
WORKMENS COMPENSATION ACT, 1923
Free Legal Aid
Type of ALTERNATE DISPUTE REDRESSAL method that is
legally approved
To no man will we deny, to no man will we sell, or delay,
justice or right
- Magna Carta 1215
Legal Aid implies giving free legal services to the poor and
needy who cannot afford the services of a lawyer for the conduct of
a case or a legal proceeding in any court, tribunal or before an
authority.
Legal Aid is the method adopted to ensure that no one is deprived
of professional advice and help because of lack of funds.
Article 39 A emphasized that free legal service was an inalienable element
of reasonable, fair and just procedure and that the right to free legal services
was implicit in the guarantee of Article 21.
Family Courts
Marriage as an institution has become the subject of great judicial
scrutiny.
There are issues like alimony which become the topic of great
controversy and cause harassment to families.
The Family Courts Act, 1984 was part of the trends of legal reforms
concerning women. The Act was expected to facilitate satisfactory
resolution of disputes concerning the family through a forum
expected to work expeditiously in a just manner and with an
approach ensuring maximum welfare of society and dignity of
women
Special emphasis is put on settling the disputes by mediation and
conciliation. This ensures that the matter is solved by an agreement
between both the parties and reduces the chances of any further
conflict.
Mahila Courts
Mahila courts are specialized courts set up to dispense justice to women.
They speedily deal with and dispose off cases pertaining to women
fighting legal battles following matrimonial discord.
These courts deal exclusively with cases pertaining to offences against
women such as cases relating to grant of maintenance under section 125
of Cr. PC, cases under sections 354 and 509 of I.P.C dealing with assault or
criminal force and words or gestures intended to insult the modesty of a
woman.
At the Sessions level, Mahila Courts deal with the cases of kidnapping
(Sec: 363 I.P.C), procuring minor girls for the purpose of prostitution, rape
(Sec: 376 I.P.C.) and cruelty by husband or in-laws (Sec: 498-A I.P.C.). The
Metropolitan Magistrates in these courts are assigned cases relating to
molestation, rape kidnapping and also of domestic violence.
These courts serve the purpose, with great sensitivity, of rendering justice
in criminal matters pertaining to women victims.
National Commission for Women
The National Commission for Women was set up
as statutory body in January 1992 under the
National Commission for Women Act, 1990 ( Act
No. 20 of 1990 of Govt.of India ) to :
review the Constitutional and Legal safeguards for women ;
recommend remedial legislative measures ;
facilitate redressal of grievances and
advise the Government on all policy matters affecting
women.
How to file a Complaint with the NCW
http://ncw.nic.in/onlinecomplaintsv2/frmHome.
aspx

http://ncw.nic.in/onlinecomplaintsv2/frmPubRe
gistration.aspx
Know your Rights
Ignorantia juris non excusat
Ignorance of fact is excused, ignorance of law is
not
Constitution of India
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN,
SOCIALIST, SECULAR ,DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought , expression, belief, faith and
worship;
EQUALITY of status and of opportunity; and to
promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation.
Fundamental Rights
PART III FUNDAMENTAL RIGHTS
Article 12. Definition
Article 13.Laws inconsistent with or in derogation of the
fundamental rights.
Right to Equality
Article 14. Equality before law.
Article 15. Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth
Article 16. Equality of opportunity in matters of public
employment
Article 17. Abolition of Untouchability.
Article 18. Abolition of titles
Fundamental Rights
Right to Freedom
Article 19. Protection of certain rights regarding freedom of speech,
etc.
(1) All citizens shall have the right (a ) to freedom of speech
and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(g) to practise any profession, or to carry on any occupation,
trade or business.
Fundamental Rights
Article 20. Protection in respect of conviction for
offences.
(1) No person shall be convicted of any
offence except for violation of a law in
force
(2) No person shall be prosecuted and
punished for the same offence more than
once.
(3) No person accused of any offence shall be
compelled to be a witness against himself.
Fundamental Rights
Article 21. Protection of life and personal liberty.
No person shall be deprived of his life
or personal liberty except according
to procedure established by law.
Article 21A. Right to education.
Article 22. Protection detention in certain cases
Article 23. Prohibition of traffic in human beings
and forced labour
Fundamental Rights
Art 25-28: Right to Freedom of Religion
Art 29- 30: Cultural and Educational Rights
Art 31: Saving of Certain Laws
Fundamental Rights
Article 32: Remedies for enforcement of rights
(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issue directions or orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto, and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this
Part.
(3) Without prejudice to the powers conferred on the Supreme Court
by clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except
as otherwise provided for by this Constitution

Art 226: ??
Habeas Corpus
Habeas Corpus literally means produce the body. Via this writ, the court can
cause any person who has been detained or imprisoned to be physically
brought before the court. The court then examines the reason of his
detention and if there is no legal justification of his detention, he can be set
free. Such a writ can be issued in following example cases:
When the person is detained and not produced before the magistrate within
24 hours
When the person is arrested without any violation of a law.
When a person is arrested under a law which is unconstitutional
When detention is done to harm the person or is malafide.
Thus, Habeas corpus writ is called bulwark of individual liberty against
arbitrary detention. A general rule of filing the petition is that a person
whose right has been infringed must file a petition. But Habeas corpus is
an exception and anybody on behalf of the detainee can file a petition.
Habeas corpus writ is applicable to preventive detention also. This writ
can be issued against both public authorities as well as individuals.
Mandamus
Mandamus means we command. This writ is a command issued by court to
a public official, public body, corporation, inferior court, tribunal or
government asking them to perform their duties which they have refused to
perform. Due to this, Mandamus is called a wakening call and it awakes the
sleeping authorities to perform their duty. Mandamus thus demands an
activity and sets the authority in action. Mandamus cannot be issued against
the following:
a private individual or private body.
if the duty in question is discretionary and not mandatory.
against president or governors of state
against a working chief justice
to enforce some kind of private contract.
A petition for writ of mandamus can be filed by any person who seeks a
legal duty to be performed by a person or a body. Such a filing person
must have real or special interest in the subject matter and must have
legal right to do so.
Prohibition
The writ of prohibition means that the Supreme
Court and High Courts may prohibit the lower
courts such as special tribunals, magistrates,
commissions, and other judiciary officers who
are doing something which exceeds to their
jurisdiction or acting contrary to the rule of
natural justice. For example if a judicial officer
has personal interest in a case, it may hamper
the decision and the course of natural justice.
Certiorari
Certiorari means to certify. Its a writ that
orders to move a suit from an inferior court to
superior court. It is issued by a higher court to a
lower court or tribunal either to transfer a case
pending with that to itself or squash its order.
This is generally done because superior court
believes that either the inferior court had no
jurisdiction or committed an error of law. Thus,
certiorari is a kind of curative writ.
Quo warranto
Quo warranto means by what warrant? This
writ is issued to enquire into legality of the claim
of a person or public office. It restrains the
person or authority to act in an office which he /
she is not entitled to; and thus stops usurpation
of public office by anyone. This writ is applicable
to the public offices only and not to private
offices.
Law related to Women and Constitutional Provisions
Sl. Description Source Provision
No.
1 Political Constitution Equality before law and equal protection
Rights of of India of law (A.14).
Women
1.1 Right to vote Every person who is citizen of India and
who is not less than 18 yrs. of age and is
not otherwise disqualified, shall be entitled
to be registered as a voter at any election
Constitution (A.326).
of India,
No person to be ineligible for inclusion in,
or to claim to be included in a special
electoral roll on grounds of race, religion,
caste or sex (A.325).
Representati Every person who has completed his or
on of People her age of 18 years is eligible for
Act, of 1951. registration of his/her name in the
electoral roll (S.19).
1. Right Represent basic qualification for a candidate to LS/RS or State
2 of ation of legislatures are as follows:
women People
- he/she a citizen of India- have completed
to Act of
contest 1951 25/30 yrs
elect- - have sound mind
ions: - not be a undischarged insolvent
- not hold nay office of profit- not be convicted of
criminal offence of moral terprirude. There is no
bar for women to stand for election/s provided she is
elector in the same constituency. Not less than one-
third (including the no. of seats reserved for women
belonging to the SC and the ST) of the total no. of
seats to be filled by direct election in every
Panchayat/s shall be reserved for women (Chap II).
Constituti Not less than one-third (including the no. of seats
on of reserved for women belonging to the SC and the ST)
India
of the total no. of seats to be filled by direct election
in every Municipality shall be reserved for women
(A.243 D).
1.3 Right of Constitution of Equality of opportunity in
women to India matters of public employment.
hold public No citizen shall on grounds only
office: of religion, race, caste, sex,
descent, place of birth,
residence, or any of them, be
ineligible for, or discriminated
against in respect of any
employment or office under the
State (A.16).

1.4 Right to Constitution of All citizens both men & women


association India shall have the right to form
association or union (A.19 cl.1
(c)).
2. Appropriate Equality before law and equal
measures for protection of law (A.14).
women
Prohibition of discrimination on
grounds of religion, race, caste,
sex, or place of birth (Art 15)
Constitution
of India No citizen shall on grounds only
of religion, race, caste, sex,
descent, place of birth, residence,
or any of them be ineligible for or
discriminated against in respect
of any employment or office
under the State (Art.16[2])

3 Education for Constitution It shall be the duty of every


achieving the of India citizen of India to renounce
crimination of practices derogatory to the
the prejudices dignity of women (Art.51A(e)).
4 Protection Constitutio Prohibition of traffic in human
against all n of India beings and forced labour (A.23).
forms traffic
Indian Procreation of minor girls for illegal
in women &
Penal code, and improper purposes (Sec.366A).
exploitation
1860
of
Importation of minor girls i.e. girls
prostitution
below 21 years of age, from foreign
of women
country including Jammu and
Kashmir for illegal and improper
purposes (Sec. 366B).

Buying or disposing any person as a


slave (Sec.370).
Habitual dealings in slaves (Sec.
371).
Indian Penal code, Selling minors, i.e. below 18 years
1860 of age for the purposes of
prostitution is penalized (Sec.372).
Buying minors i.e. below 18 years of
age for the purposes of prostitution is
penalized (Sec.373).
Immoral Traffic Procuring, indulging or taking a
(Protection) Act, person for the sake of prostitution is
1934 an offence (S.5).

Bombay Devdasis Dedication of girls & women to


(Protection) Act, Gods & Goddess is penalized (S.3).
1934
5 Representation by Constituti Right to equality (A.14).
women at on of
international level India
6. Rights to the Constituti Right to equality (A.14).
Nationality on of
India
Citizenshi Citizenship by birth for both men
p Act, and women (S.3).
1951
Citizenship by descent. Only
father can transmit his
citizenship to his child/ren (S.4).
Citizenship by registration or by
Naturalization (S.5 & S.6).
Renouncing the citizenship. Both
men and women can renounce
their citizenship (S.8).
7. Education Constitution State shall within the
of India limits of its economic
capacity and
development make the
effective provision for
securing the right to
education (A.41).

State shall make


provisions for the free
and compulsory
education for children
until they complete the
age of 14 years (A.43).
8. Equality in the Constitution Right to equality (A.14).
matters of of India
employment
8.1 Right to work Constitution Policy of the state shall be towards
of India securing citizens men and women
equally have right to an adequate
means to livelihood (A.39 cl.(a)).

8.2 Right to non- Constitution State shall make effective


discrimination of India provisions for securing the right to
work (A.41).
Equality of opportunity in matters
of public employment (A.16).
Equal No employer can discriminate
Representati against men or women in the
on Act, 1976 matters of the same or similar
nature, except where employment
of the in such work is prohibited or
restricted by law (S.5).
8.3 Equal pay Constitution State shall direct its policy
for equal of India towards securing that
work there is equal pay for
equal work for both men
and women (A.39 cl(d)).

Equal A worker working in any


Remuneratio establishment shall not
n Act, 1976 get a wage lower than
what the worker of
opposite sex get for doing
the same or similar type
of work (S.4).
8.4 Right to Constitution of State shall make effective provisions
the social India for securing the public assistance in
security cases of unemployment, old age,
sickness and disablement (A.41).
The Workmans It provides compensation to be paid by
Compensation Act of the employer for any injury or any
1923 (applicable for accident suffered by the worker at the
both men and time of and/or during his/her
women)
employment.
The Employees State It provides for insurance scheme for
Insurance Act, 1948 workers to be implemented by the
(applicable to both) employer.

The Employees It provides three schemes namely


Provident Fund & provident fund scheme, family
Miscellaneous pensions scheme and the deposit-
Provisions Act, 1952 linked insurance scheme.
(applicable to both)
8.5 Mate Constitution of India The state shall make provisions for
rnity securing maternity relief (A. 42).
bene
fits The Maternity It prohibits employment of the
Benefit Act, 1973 pregnant women during certain
(applicable to women period (usually for three months)
working in the (S.5).
organized sector)
Absence during the maternity
period is paid with full wages
(S.7).
Women are entitled to get the
medical bonus in addition to her
paid leave (S.8).
The Act also provides for the
nursing breaks to mothers for
feeding their infants (S. 11).
9 Health Constitution State shall direct its policy
of India towards securing health
and strength of workers
men, women (A.39 cl(e)).

State shall direct its policy


towards securing that
children are given
opportunities and facilities
to develop in a healthy
manner (A.39 cl(f)).
Special provisions for women concerning their health under the labour laws
Factories Act, 1948 Prohibition of employment of women in the
dangerous and hazardous tasks (S.27).
Mines Act, 1952 Women shall not be employed in any parts of the
mine which is below the ground in a mine (S.46).

Factories Act, 1948 Women shall be employed between 6 am and 7 pm.


No women shall be employed between 10pm & 5am
except in fish curing and fish canning industries
(S.66.1(b)).
Bidi & Cigar Workers No women shall be employed between 7 pm & 6 am
(conditions of
employment) Act, 1966
Labour Act, 1951 No women shall be employed between 7 pm & 6 am

Mines Act, 1952 No women shall be employed between 7 pm & 6 am


Factories Act, 1948 Separate and adequate urinals and latrines for male
and female workers shall provided by the employers
(s.19).
Labour Act, 1951 Separate and adequate urinals and latrines for
male and female workers shall provided by the
employers (S.9).
Mines Act, 1952 Separate and adequate urinals and latrines for
male and female workers shall provided by the
employers (S.20).
Bidi & Cigar Workers Separate and adequate urinals and latrines for
(conditions of empl- male and female workers shall provided by the
oyment) Act, 1966 employers (S.10).
Factories Act, 1948 Employer shall make arrangements for crches
where there are more than 30 women workers.

Labour Act, 1951 Employer shall provide for crche facility where
there are more than 50 women workers.

Mines Act, 1952 Employer shall provide for the crches facility
where there are more than 50 women workers.
10. Rural Women Constitution of Rights to equality (Art.14)
India
Constitutional 73rd & 74th Amendments
empowers the rural women to participate in
the political process through the Panchayat
Raj Institutions
11. Rights to Constitution of Equality before law and
enter into India equal protection before law.
contracts or
agreements
Indian Contract Every person who is not a
Act, 1862. minor and is of sound mind
may enter into a valid
contract.
12 Rights in the In there is no uniform code applicable to all communities
matrimonial in their matrimonial matters. Each community has its
matters distinct personal laws for such matters.
12.1 Rights to enter Child Marriage Male not below 21 years of age and
into marriage Restraint Act, female not below the 18 years of age
(age approved) 1929 (S.6).
Hindu Male not below 21 yrs of age and female
Marriage not below the 18 yrs of age (S.5).
Act,1955
Parsi Marriage There is no condition as to the minimum
& Divorce Act, age for entering into marriage. The
1936 consent of father or guardian is required
if any one of the parites to the marriage
below his/her 21 years of age.
Muslim Every Muslim who is of sound mind and
Personal Law attained puberty i.e. Muslim boy/girl
completes hi/her 15 yrs of age in Shias.
In case of persons attained puberty
he/she may be contracted into marriage
by his/her guardians.
12.2 Grounds Hindu Sec.13A lays down grounds of divorce
of Marriage available to both the husband and wife viz.
divorce Act, adultery, cruelty, desertion, conversion,
1955 insanity, leprosy (virulent and incurable),
veneral diseases, renouncing the world, not
heard of 7yrs or more, and the decree of
judicial separation passed & no cohabitation
between parties for one year etc.
Sec.13A also provides for four more grounds
to the wife viz. bigamy, rape, sodomy or
bestiality, the maintenance decreed to the wife
and no cohabitation for one year, the wife was
under 15 yrs when she was married and has
repudiated the marriage before she is 18.

It provides for the mutual consent divorce


both for the husband and wife (S.13B).
The Muslim Muslim husband of sound mind and has attained puberty can
Personal Law seek divorce from his wife at his will, without assigning any
reasons, and even in the absence of his wife. For a divorce
under the Muslim law, no deed is required to written or
signed, and it may be obtained merely words. Only males
have this absolute right to obtain divorce. Muslim women
cannot seek divorce like the Muslim men, but can obtain
divorce only under certain specific contingencies namely,
whereabouts of husband have not been known for a period of
4 yrs, husband has neglected or has failed to provide for the
maintenance for a period of 2 years, the husband has been
sentenced to imprisonment for a period of 7 years or more, he
failed to performed without reasonable cause his marital
obligations for a period of 3 years, husband is impotent at the
time of marriage, husband has been insane for 2 years, the
exercise by wife of the option of puberty, husband treats with
cruelty. A Muslim wife can get divorce only from the court of
law & cannot have the same like that of a Muslim husband.
12.3 Rights on the dissolution of marriage

(a) Interim Hindu Both the husband and wife are entitled
maintenance Marriage to ask for the sum of amount as
Act, 1955 maintenance during the pendancy of
the suit for dissolution of marriage
(S.24).
Indian Only wife is entitled to the
Divorce maintenance pendent elite or the
Act, 1869 interim maintenance (S.36).
Parsi Only wife can demand the sum of
Marriage & amount for the maintenance pending
Divorce the litigation (S.39).
Act, 1939
Muslim There is no provision for the interim
Personal maintenance neither for husband not
Law for wife.
(b) Hindu Marriage Both the husband & wife may ask for the payment of
Permanent Act, 1955 maintenance from other spouse on dissolution of
alimony marriage. The economic capacity of parties is taken
into consideration (S.25).
Indian Divorce Only wife is entitled to ask for permanent alimony
Act, 1869 (S.37).
Parsi Marriage Only wife can claim alimony (S.40).
& Divorce Act,
1939
Muslim Husband shall maintain his divorced wife for 3
Personal Law months after the talaque/divorce. But this is different
from what Hindus/ Parsis/ Christian wives get as
alimony on divorce. Muslim
Criminal Wife living / divorced / deserted may file a suit
Procedure Code against her husband for maintenance. Even aged
1973 (applicable parents and minor children can sue their son /
to all daughter / father respectively. Muslim women can
communities file a suit u/Sec.125 provided her husband has given
except the his consent for the applicability of Sce. CrPC before
Muslim) seeking divorce (S.125).
12.4 Guardi Hindu Minority & Both the person & property of the legitimate son or
anship Guardianship an unmarried daughter Father is guardian, only
Act,1956 after his death, Mother can act as the natural
guardian. In case of the illegitimate son or an
unmarried daughter Mother is the natural guardian
both for the person & property of her children.
Husband is considered as the guardian in case of a
married woman (S.6).
Muslim Personal As far as person of a male below 7 yrs and a female
Law till attains puberty, Mother is the guardian and once
a boy completes his 7 yrs of age, & a daughter
attains her puberty Father is the guardian. For the
property of the minors Father is the legal guardian
and he may appoint any other Muslim excluding
the mother as the legal guardian.

The Parsis and But even in these communities Father is considered


Christians in their as the natural guardian of his minor children.
laws have no
provision relating
to guardianship
12.5 Adoption Hindu Both male and female can take or give s
Adopti child in adoption. Female any Hindu
ons & female who is of sound mind and who is not
Mainte married or if married whose marriage has
nance been dissolved or whose husband is dead or
Act, has renounced the world or has ceased to be
1955 Hindu or has been declared to be of unsound
mind by a court of competent jurisdiction,
can take a child (who is Hindu and below 15
yrs) in adoption. A married woman cannot
adopt a child even with her husbands
consent. Similar conditions needs to be
complied with in case of adoption by a male
Hindu (S.8).
If the father is alive, he alone has the right to
give a child in adoption. But he has to take
prior consent of the mother i.e. his wife (S.9).
12.6 Succes Hindu There is different law for the joint family
sion Succession (HUF) property and the self acquired
(inherit Act, 1956 property of Hindus. Women as a wife gets a
ance) share equal to the males in HUF and self-
acquired property. But the daughter/s can
inherit to self-acquired property of the father
& not to the HUF property. Daughter/s share
in the self-acquired property is equal to that
of male heirs (S.9).

Indian Succession ParsisRight of a Parsi female to succeed to


Act, 1925 (which the property is recognized but her share is
incorporates half of what the male/s get (S.50 S.56).
provisions
governing the Christians: A Christian women is treated on
succession of Parsis an equal footing with the men in succession
and Christians) (S.32 S.49).
Muslim A Muslim female receives a
Personal share in the property but less
Law than what the Muslim male
get.

Succession Indian Both men and women,


(Testamentary) Successi married or unmarried may
on Act, dispose off their property by
1925 alienating to anybody by
making a will during his/her
life-time (S.59).
Criminal Procedure Code
Cognizable Offence Non Cognizable Offence

Section 2 (c) of the Criminal Procedure A non-cognizable offence has been defined in
Code, 1973 defines Cognizable offences. Section 2(l) of Criminal Procedure Code 1973.
Cognizable offence/case means a case in Non-cognizable offence means an offence for
which, a police officer may arrest without which, and `non-cognizable case means a
warrant, as per the First Schedule of the case in which, a police officer without any
Criminal Procedure Code, 1973 or under warrant has no authority to arrest.
any other law for the time being in force. Non-Cognizable offenses are not much serious
Cognizable offenses are usually offenses in nature.
which are serious in nature. Example-
Example: Assault, Cheating, Forgery,
Waging or attempting to wage war, or
abetting the waging of war against the
government of India, Murder, Rape,
Dowry Death, Kidnapping, Theft, Criminal
Breach of Trust, Unnatural Offenses.
Criminal Procedure Code
Cognizable Offence Non Cognizable Offence

Section 154 of the Criminal Procedure Section 155 of Criminal Procedure Code 1973
Code, 1973 provides that under a provides that in a non-cognizable offense or
cognizable offence the Police Officer has case, the police officer cannot receive or
to receive the First Information Report record the FIR unless he obtains prior
(FIR) relating to the cognizable offense. permission from the Magistrate.
Police Officers Power to Investigate In such offences for arrest, following steps
Cognizable Cases have to be followed:
Any officer-in-charge of a Police Station, Filing of complaint/F.I.R.
without the order of a magistrate, Investigation
investigate any cognizable case which a Charge sheet,
court having jurisdiction over the local Charge sheet to be filed in court
area within the limits of such station Trial
would have power to inquire into or try Final order of arrest if case has been made
under the provisions of the Criminal out.
Procedure Code. 1973.
Criminal Procedure Code
Bailable Offence Non Bailable Offence

In case of bailable offence, the grant of bail is a A non-bailable offence is one in which the grant of
matter of right. It may be either given by a Bail is not a matter of right. Here the Accused will
police officer who is having the custody of have to apply to the court, and it will be the
Accused or by the court. The accused may be discretion of the court to grant Bail or not. The
released on bail, on executing a bail bond", court may generally refuse the Bail, if: "Bail Bond"
with or without furnishing sureties. has not been duly executed, or if the offence
committed is one, which imposes punishment of
death or Life imprisonment, such as "Murder " or
"Rape" or the accused has attempted to abscond,
and his credentials are doubtful.
The "bail Bond" may contain certain terms and The application for bail shall be filed before the
conditions, such as: Magistrate, who is conducting the trial. The
The accused will not leave the territorial application after being filed is usually listed on the
jurisdiction of the state without permission of next day. On such day, the application will be heard,
court or police officer. The Accused shall give and the police shall also present the accused in
his presence before police officer every time, court. The magistrate may pass such orders, as he
he is required to do so. The Accused will not thinks fit.
tamper with any evidence whatsoever,
considered by police in the investigation.
Criminal Procedure Code
Bailable Offence Non Bailable Offence

EXAMPLES OF BAILABLE OFFENCE EXAMPLE OF NON BAILABLE OFFENCE


Being a member of an unlawful Assembly Murder (S.302) IPC
Rioting, armed with deadly weapon Dowry Death (S.304-B) IPC
Public servant disobeying a direction of the law Attempt to murder (S.307) IPC
with intent to cause injury to any person. Voluntary causing grievous hurt. (S.326) IPC
Wearing Garb or carrying token used by public Kidnapping (S. 363) IPC
servant with fraudulent intents. Rape (S. 376) etc.
Bribery in relation to elections
False statement in connection with elections
Refusing oath when duly required to take oath
by a public servant
Obstructing public Servant in discharge of his
public functions
Giving or fabricating false evidence in a judicial
proceeding
Selling any food or drink as food and drink,
knowing the same to be noxious
Causing a disturbance to an assembly engaged
in religious worship
Criminal
CriminalProcedure
Procedure Code
Code
Compoundable Offence Non Compoundable Offence
Compoundable Offence Non Compoundable Offence
Compoundable offences are those offences There are some offences, which cannot be
Compoundable
where, offences
the complainant (oneare
whothose offences
has filed There are some
the compounded. They can offences,
only be which cannotThebe
quashed.
where,
case, i.e. the
the complainant
victim), enter(one
intowho has filed the reason
a compromise, compounded.
for this is,They because can the
only be of
nature quashed.
offence The is
and agrees to have the charges dropped against so grave and criminal, that the Accused cannot be is
case, i.e. the victim), enter into a compromise, reason for this is, because the nature of offence
andaccused.
the agrees toHowever
have the charges
such a dropped against allowed
compromise, so grave to andgo criminal,
scot-free.that theinAccused
Here, cannotofbe
these types
the accused.
should However such
be a "Bonafide," and anotcompromise,
for any cases allowed to goit scot-free.
generally, is the "state",Here,i.e.inpolice,
thesewho types
hasof
should be to
consideration a "Bonafide," and not for
which the complainant any filed
is not casesthe
generally,
case, itand is thehence
"state",thei.e. police,
questionwho of has
consideration
entitled to. to which the complainant is not complainant
filed the entering
case, and intohence
compromisethe question
does notof
entitled to. complainant
arise. All those entering
offences, intowhich compromise does not
are not mentioned
inarise. All those
the list under offences,
section (320)whichofare not mentioned
CrPC, are non-
in the list under
compoundable offences. section (320) of CrPC, are non-
compoundable offences.
Uttering words etc, with deliberate intent to Voluntarily causing hurt by dangerous weapons or
Uttering
wound thewords etc, feelings
religious with deliberate
of any intent
personto means.
Voluntarily
Causing causing
grievoushurt hurt
by dangerous
by doing weapons
on act soor
wound hurt.
causing the religious
Criminal feelings
or house of any person rashly
trespass means.andCausing
negligentlygrievous hurt by doing
as to endanger human onlife
actorso
causingbreach
Criminal hurt. ofCriminal or service.
contract of house Printing
trespass the rashly and negligently
personal as to endanger
safety of others. Wrongfully human life or
confining
orCriminal
engravingbreach of contract
matters, of service.
knowing it to Printing
be a the personal
person for threesafety
daysoforothers.
more. Wrongfully confining
Assault or criminal
or engraving
defamatory. Therematters,
are some knowing
offences,it which
to be forcea person
to womanfor three
withdaysintentortomore.
outrageAssault or criminal
her modesty.
defamatory.
although There are some
are compoundable, but,offences,
they canwhich force to woman
be Dishonest with intentoftoproperty.
misappropriation outrage her modesty.
although areonly
compounded compoundable, but, theyofcan
with the permission thebe Dishonest misappropriation of property.
compounded only with the permission of the
court.
court.
Indian Penal Code
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Disclosure of identity of the 228A Imprisonment for Cognizable Bailable
Victim of certain Offences two years and fine
including in Cases of sexual
Harassment
Obscene acts and songs 292-294 Imprisonment for Cognizable Bailable
three months, or fine
or both

Dowry Death 304B Minimum Cognizable Non-


imprisonment of 7 bailable
years which may
extend upto
imprisonment for
life
Indian Penal Code
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Abetment of suicide 306 Imprisonment for Cognizable Non-
ten years and fine Bailable

Causing miscarriage 312 Imprisonment Non- Bailable


upto 3 years or fine cognizable
or both

Causing miscarriage without 313 Imprisonment for Cognizable Non-


womans consent life, or imprisonment Bailable
for 10 years and fine

Death of woman caused 314 Imprisonment upto Cognizable Non-


by an act done to cause 10 years and fine or Bailable
Miscarriage without the Imprisonment for
womans consent life and fine
Indian Penal Code
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Preventing a child from 315 Imprisonment Cognizable Non-
being born alive or to upto 10 years or Bailable
Cause its death after birth fine or both

Causing death of unborn 316 Imprisonment for Cognizable Non-


child by act amounting to 10 years and fine Bailable
Culpable homicide

Assault or use of criminal 354 Imprisonment for Cognizable Non-


Force to woman with one year which Bailable
Intent to outrage her may extend to five
modesty years, with fine

Kidnapping 360 Imprisonment for Cognizable


from India 7 years and fine Bailable
Indian Penal Code
OFFENCES RELATING TO MARRIAGE
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Word, gesture or act 509 Simple imprisonment Cognizable
intended to insult the for three years or fine Bailable
modesty of a woman or both

Cohabitation by deceitful 493 Imprisonment for Non- Non-


means (by making a woman 10 years and fine cognizable bailable
believe that she is lawfully
wedded to him)
Bigamy: 494 & Imprisonment for Non- Bailable
(1)Marrying again during 495 7/10 years and fine cognizable
lifetime of first husband or
wife
(2)Marrying again with
concealment of former
marriage
Indian Penal Code
OFFENCES RELATING TO MARRIAGE
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Marriage ceremony 496 Imprisonment for Cognizable
Fraudulently gone 7 years and fine Bailable
Through without lawful
marriage

Adultery 497 Imprisonment for Non- Bailable


5 years, or fine or cognizable
Both
Enticing or taking away or 498 Imprisonment for Non- Bailable
Detaining with criminal 2 years or fine or cognizable
intent a married woman both
Indian Penal Code
CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Husband or relative 498 A Imprisonment for Cognizable
Of husband of a Woman three years and Non-
subjecting her to cruelty fine Bailable
Indian Penal Code
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Acid Attack 326-A Imprisonment for Cognizable
not less than ten Non-
years but which Bailable
may extend to
imprisonment for
life and fine to be
paid to the victim

Sexual harassment of the 354 A Imprisonment Cognizable Bailable


Nature of unwelcome which may extend
physical contact and to 3 years or with
advances or demand fine or with both.
Or request for sexual
favours, showing
pornography
Indian Penal Code
Offence Section Punishment Cognizable / Bailable /
Non Non-
Cognizable bailable
Voyeurism (Watching 354 C Imprisonment of Cognizable Bailable
Or capturing the image of a not less than one
woman engaging in a private year, but which may
act) extend to 3 years,
and with fine for first
conviction. For
second and
subsequent
conviction
imprisonment not
less than 3 years,
but which may
extend to 7 years,
and with fine