Introduction

In the current scenario, everyone around the world is witnessing an increase in violence and  crimes against women  in one way or the other. It shows the enormity and complex nature of the atrocities directed at women in recent years. The global crusade to end violence against women is  proof of that. Changes in standard of living, lifestyle, unbalanced economic growth, changes in social atmosphere and lack of concern for  moral values are promoting malicious attitude towards women due to which  crimes against women are increasing. Moreover, such cases are  of great concern and their resolution is imperative so that Indian women can live with respect, honor, dignity, freedom and peace in an atmosphere free from cruelty, humiliation and heinous crimes. Many provisions  punish perpetrators against women. However, the Indian Penal Code has provisions for women as victims of many crimes such as murder, robbery, theft, etc., but there are certain crimes that are entirely attributed to women and are known as “fines against women”. Due to the need of the hour, many new socio-economic crimes have been enacted, accompanied by various amendments to existing laws aimed at effectively combating these crimes.

Classification of Laws related to Crime against Women

The laws associated with 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.

Ø  Acid Attack (Sections 326A and 326B)

Ø  Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)

Ø  Attempt to commit rape (Section 376/511)

Ø  Kidnapping and abduction for different purposes (Sections 363–373)

Ø  Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)

Ø  Cruelty by husband or his relatives (Section 498A)

Ø  Outraging the modesty of women (Section 354)

Ø  Sexual harassment (Section 354A)

Ø  Assault on women with intent to disrobe a woman (Section 354B) 

Ø  Voyeurism (Section 354C)

Ø  Stalking (Section 354D)

Ø  Importation of girls upto 21 years of age (Section 366B)

Ø  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.

Outrage at women’s modesty [Article 354]

 Section 354 of the IPC deals with the crime of molestation, ie. To attack a woman with the intention of inciting outrage because of her modesty. The purpose of this section is to protect women from indecent or lewd behavior by others that offends her modesty. This crime is not only against the individual but also against  society and public morality. Therefore, if someone uses his criminal power over a woman with the intention  of insulting her modesty, he will be punished with  imprisonment of at least one year, which may extend up to five years along with a fine.

The IPC does not specifically define what constitutes an outrage on a woman’s modesty. However, the court has interpreted it in several cases. According to the Supreme Court, modesty is a quality associated with a female person as a class. Modesty is said to be outraged by the perpetrator of such an act that shocks and acknowledges an offense to the decency and dignity of a woman.

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.

Outraging the modesty of women [Section 509]

 An act intended to offend the modesty of a woman, which may not  involve  physical force, is covered by this provision through Section 509. The purpose of this section is to prevent any aggression to the modesty of  a woman either by  word, gesture or deed or by violating the privacy of such a woman. This section is also called “Eve’s Bullying Section”.

The offense under Section 509 is punishable with simple imprisonment  which may extend to three years with fine.

Essential Ingredients

·   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 of IPC talks about the term stalking which generally means  following a woman or trying to contact her despite her indifference. This episode has two crimes. First, when a man follows a woman or contacts her, or makes repeated attempts to contact her despite apparent indifference, and second, when a man monitors her use  of the Internet, e-mail or  other  electronic communications.

 The penalty for a first conviction is imprisonment for up to three years with a fine. A second conviction can result in up to five years in prison

. Ingredients:

·   The accused must be male and the victim female. Follow a woman or contact a woman or try to contact a woman; or

·   Monitors a woman’s use  of the Internet, email or  other electronic communications. Despite her indifference.

Conclusion

Despite the number of laws protecting and safeguarding the rights and interests of  women, the number of crimes and victimization against women  is increasing day by day. It is well said that it takes two to tango. This means that  laws alone are not responsible for regulating and controlling the increase in crimes against women in our society. Suppressing the evil eyes of women and inculcating social ethics, morals and values, respect and honor to women in every person is the need of the hour and an additional factor that can equally reduce the number of crimes against women. However,  more  and more severe laws are needed so that no person who intends to commit such crimes loses the courage to act on his intention.