July 31, 2011

Laws Related to violence against Women & Punishments


Law on Molestation

Section 354 of IPC: An assault or use of criminal force with intent to outrage the modesty of any women shall be punished with imprisonment up to two years or fine or both.

Law on eve teasing

Section 509 of IPC: Word, gesture or act intended to insult the modesty of a woman

Section 294 of IPC: Whoever, to the annoyance of others,

(a) Does any obscene act in any public place, or

(b) Sings, recites or utters any obscene songs, ballad or words, in or near any public place,

[Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]

Rape

Rape is an offence not against the individual but like all crimes in the IPC, it is a crime against state.

Section 375of IPC : A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:—

First.against her will, Secondly.without her consent. Thirdly.with her consent, when her consent has been obtained by putting her in fear of death, or of hurt. Fourthly.with her consent, when the man knows that 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. Fifthly.With or without her consent, when she is under {The original word "ten" has successively been amended by Acts 10 of 1891, 29 of 1925 and Act 42 of 1949, s.3, to read as above} [sixteen] years of age.

Section 376 of IPC:  Punishment for rape:

         Punishment: Minimum 10 yrs, or up to life imprisonment and fine

Unless the woman raped is his own wife and is not less than twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 376 A of IPC: Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent.

{Punishment: shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine}

Section 376 B of IPC: Whoever, being a public servant, takes advantage of his official position and induces or seduces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape.

{Punishment: shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine}

Section 376 C of IPC: Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children's institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape.

Explanation 1. -"Superintendent" in relation to jail, remand home or other place of custody or a women's or children's institution included a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.
Explanation 2. - The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]

{Punishment: shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine}

Section 376 D of IPC: Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape.

{Punishment:  shall be punished with imprisonment of either description for term which may extend to five years and shall also be liable to fine}

Section 377 of IPC: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal.

Explanation. -Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

{Punishment: shall be punished with [imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine}

Section 511 of IPC: Attempts to commit rape

{ Punishment: for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.}

Section 109 of IPC: Aiding or abetting Rape

{Punishment: Imprisonment for life and Fine}

Section 34 of IPC: Common intension (Gang rape)

When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

{Punishment: Imprisonment for life or Fine or both}

Section 201 of IPC: Causing disappearance of evidence of offence, or giving false information to screen offender.

{Punishment: Imprisonment for seven years and fine}

Section 354 of IPC: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty.

{Punishment: shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.}

Section 509 of IPC: Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman.

{Punishment: shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.}

Section 366 of IPC: 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.
[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 she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid]

{Punishment: shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 366 A of IPC: 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.

{Punishment: shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.}

Section 366 B of IPC: Whoever imports into [India] from any country outside India [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.

{Punishment: shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine}

Section 372 of IPC: Whoever sells, lets to hire, or otherwise disposes of any [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose.

{Punishment: shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine}.

Section 373 of IPC: Whoever buys, hires or otherwise obtains possession of any [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose.

{Punishment: shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine}.











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