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Sexual Violence Laws under IPC, 1860

Which sections of the law address this crime?

   -Domestic Violence – Section 498A of the IPC and Domestic Violence Act, 2005

   -Assault or criminal force to woman with intent to outrage her modesty - Section 354 of the IPC

What is the punishment under the IPC

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

Explanation. — For the purposes of this section, “cruelty” means—

     a.any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

     b.harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful 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.

What is the punishment for Domestic Violence under the IPC?

Imprisonment for 3 years and a fine

How is assault or criminal force to a woman with intent to outrage her modesty defined under the IPC?

   -Assault or use of criminal force to any woman

   -Intention to outrage or knowing it to be likely that he will thereby outrage her modesty

What is the punishment for assault or criminal force to a woman with intent to outrage her modesty under the IPC?

Imprisonment for a term which may extend to two years, or with fine, or with both.

Which sections of the law address this crime?

   -Online Stalking - Section 354D of the IPC

   -Defamation (remarks on social media, obscene images or videos posted for public consumption) - Section 499 of the IPC

   -Intimidating a woman by anonymous communication - Section 507 of the IPC

   -Posting lewd comments against the will of a woman/requesting sexual favours (Sexual Harassment) - Section 354A of the IPC

   -Transmitting / publishing obscene material in an electronic form - Information Technology Act, 2000 (IT Act) (Section 67)

   -Publishing an image of a person in print/electronic form resulting in a violation of the privacy of the individual - Information Technology Act, 2000 (IT Act) (Section 66E)

How is stalking defined under the IPC?

Section 354D of the IPC criminalises stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that woman even when the woman has shown a clear lack of interest. It also includes acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc.

When is stalking not considered a crime?

Stalking is not considered a crime if it is done as a legal duty for prevention and detection of crime by the State or under any legal duty imposed by a law in practise or in a situation where such an act of stalking is seen as reasonable and justified.

What is the punishment?

   -Online Stalking - During the first conviction, imprisonment may extend to 3 years and fine, during second/subsequent conviction, imprisonment upto 5 years and fine

   -Defamation (remarks on social media, obscene images or videos posted for public consumption) - Imprisonment upto 2 years

   -Intimidating a woman by anonymous communication - Imprisonment upto 2 years

   -Posting lewd comments against the will of a woman/requesting sexual favours (Sexual Harassment) - Imprisonment upto 3 years and fine

   -Publishing an image of a person in print/electronic form resulting in a violation of the privacy of the individual - Imprisonment upto 3 years and fine

Which sections of the law address this crime?

  -Rape/ Sexual assault - 375,376,376A, 376B, 376Cand 376D of the IPC

How is rape defined under the IPC?

Section 375 of the IPC defines rape to include any or all of the following acts, by a man against a woman:

  -Penetration of a man’s sexual organ (penis) into a woman’s mouth, vagina, urethra or anus or making her do so with him or someone else; or

  -Inserting any object, not the penis, into a woman’s vagina, urethra or anus or making her do so with him or someone else; or

  -Manipulating any body part of the woman to cause penetration into her vagina, urethra, anus or any other body part or making her do so with him or someone else; or

  -Applying his mouth to a woman’s vagina, urethra or anus or making her do so with him or someone else.

Under the following circumstances:

  -Against her will;

  -Without her consent;

  -With her consent, if such consent is obtained by causing her fear of death or hurt for herself or for someone she knows;

  -With her consent, if she believes the man she is engaging with sexually is her husband;

  -With her consent, where due to unsoundness of mind or intoxication, the woman is not able to fully understand the nature and consequences of the act she consents to;

  -With or without the consent of a woman who is below 18 years if age;

  -When the woman is unable to communicate consent.

How is consent defined under the IPC?

Consent is defined as clear, voluntary communication that the woman gives for a certain sex act. Lack of physical injuries from the incident does not imply that consent was involved in the incident. Medical procedures or interventions do not constitute as rape.

How is martial rape addressed under the IPC?

Marital rape, i.e. rape by one spouse of another is also listed as an exception to the act of rape, as long as the woman is above 15 years of age. Rape by a husband of his wife constitutes as rape if they are living separately and has a punishment of 2 to 7 years jail term and a fine.

In October 2017, the Supreme Court stated that the act of sexual intercourse by a husband with his wife who is under the age of majority (18 years) would also be treated as rape. The apex court read down the exception, and the age of consent has been changed from 15 to 18 years.

What is the punishment for an act of rape?

The punishment is rigorous imprisonment of 7 years to life and the person will also be liable to pay a fine.

How is aggravated rape defined under the IPC?

Special provisions are provided for cases of aggravated rape under the IPC, as amended by the Criminal Law (Amendment) Act, 2013. A rape is considered aggravated if it meets any of the following conditions:

  -Rape by someone having authority over the woman because of legal status (for example: police officer, army personnel)

  -Rape by someone who is in a position of trust in relation with the survivor (for example: family, hospital staff)

  -Special nature of woman (a pregnant woman, a mentally ill woman, a woman who cannot give consent, a woman below the age of sixteen)

  -Rape involving violent circumstances (rape during time of communal riots, repeatedly raping someone)

  -Other forms of aggravated rape include where the survivor die from the rape, where the survivor ends up in a vegetative state or where the survivor is gang raped.

What is the punishment for an act of aggravated rape?

A person accused of aggravated rape can be imprisoned from ten years to life along with a fine.

In case of gang rape or one where during the act of rape, the accused kills the woman or puts in her in a persistent vegetative state, he can be charged with 20 years rigorous imprisonment to life, or be given a death sentence. The Supreme Court has defined persistent vegetative state as a state where the victim is alive but not aware of her environment.

Which sections of the law address this crime?

   -Stalking – Section 354D of the IPC

How is stalking defined under the IPC?

Section 354D of the IPC criminalises stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that woman even when the woman has shown a clear lack of interest. It also includes acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc.

What is the punishment of stalking under the IPC?

First time offenders are punished with either simple or rigorous imprisonment of upto 3 years and a fine while repeated offenders are punished with simple or rigorous imprisonment of upto 5 years and a fine.

When is stalking not considered a crime?

Stalking is not considered a crime if it is done as a legal duty for prevention and detection of crime by the State or under any legal duty imposed by a law in practise or in a situation where such an act of stalking is seen as reasonable and justified.

Which sections of the law address this crime?

Sexual Harassment - Section 354A of the IPC

How is sexual harassment defined under the IPC?

Sexual harassment is defined under S. 354A of the IPC as a man committing any of the following acts:

    i. physical contact and advances involving unwelcome and explicit sexual overtures; or

   ii. a demand or request for sexual favours; or

  iii. showing pornography against the will of a woman; or

   iv. making sexually coloured remarks,

What is the punishment under the IPC?

Either simple or rigorous imprisonment for a term which may extend to 1 year, or a fine, or both.

Which sections of the law address this crime?

     -Voyeurism - Section 354C

How is voyeurism defined under the IPC?

Section 354C of the IPC criminalises the act of voyeurism. It defines it as a man watching or capturing the image of a woman engaged in a private act in circumstances where she would usually not expect to be observed by the perpetrator or by any other person on the orders of the perpetrator or the distribution of an image so captured by the perpetrator.

What is the punishment under the IPC?

The punishment for committing this offence is simple or rigorous imprisonment of 1 to 3 years and a fine. Repeated offenders are punished with simple or rigorous imprisonment of 3 to 7 years and a fine.

Which sections of the law address this crime?

    -Sexual Harassment - 354A of the IPC

How is sexual harassment defined under the IPC?

Sexual harassment is defined under S. 354A of the IPC as a man committing any of the following acts:

     i. physical contact and advances involving unwelcome and explicit sexual overtures; or

    ii. a demand or request for sexual favours; or

   iii. showing pornography against the will of a woman; or

   iv. making sexually coloured remarks,

What is the punishment under the IPC?

Rigorous imprisonment for a term which may extend to 3 year, or a fine, or both.

Which sections of the law address this crime?

    -Sexual Harassment - 354A of the IPC

    -Assault or criminal force to woman with intent to outrage her modesty - Section 354 of the IPC

How is sexual harassment defined under the IPC?

Sexual harassment is defined under S. 354A of the IPC as a man committing any of the following acts:

     i. physical contact and advances involving unwelcome and explicit sexual overtures; or

    ii. a demand or request for sexual favours; or

   iii. showing pornography against the will of a woman; or

   iv. making sexually coloured remarks,

What is the punishment for sexual harassment under the IPC

Rigorous imprisonment for a term which may extend to 3 year, or a fine, or both.

How is assault or criminal force to a woman with intent to outrage her modesty defined under the IPC?

   -Assault or use of criminal force to any woman

   -Intention to outrage or knowing it to be likely that he will thereby outrage her modesty

What is the punishment for assault or criminal force to a woman with intent to outrage her modesty under the IPC?

Imprisonment for a term which may extend to two years, or with fine, or with both.

Which sections of the law address this crime?

    -Sexual Harassment - 354A of the IPC

How is sexual harassment defined under the IPC?

Sexual harassment is defined under S. 354A of the IPC as a man committing any of the following acts:

      i. physical contact and advances involving unwelcome and explicit sexual overtures; or

     ii. a demand or request for sexual favours; or

    iii. showing pornography against the will of a woman; or

    iv. making sexually coloured remarks,

What is the punishment under the IPC?

Either simple or rigorous imprisonment for a term which may extend to 1 year, or a fine, or both.

Which sections of the law address this crime?

    -Sexual Harassment - 354A of the IPC

How is sexual harassment defined under the IPC?

Sexual harassment is defined under S. 354A of the IPC as a man committing any of the following acts:

     i. physical contact and advances involving unwelcome and explicit sexual overtures; or

    ii. a demand or request for sexual favours; or

   iii. showing pornography against the will of a woman; or

   iv. making sexually coloured remarks,

What is the punishment for sexual harassment under the IPC

Rigorous imprisonment for a term which may extend to 3 year, or a fine, or both.

Which sections of the law address this crime?

    -Theft - Section 378 of the IPC

    -Physical assault - Section 352 and 354 (with intent to outrage women's modesty) of the IPC

What is the punishment for theft under the IPC?

Imprisonment upto 3 years and/or fine

Which sections of the law address this crime?

Human Trafficking - Section 370 and 370A of the IPC

How is human trafficking defined under the IPC?

Section 370 of the IPC defines human trafficking as the action or practice of transporting people illegally or without their consent across areas mainly to be used in the labour or commercial sex industry. The Immoral Traffic (Prevention) Act, 1956 is the law regulating human trafficking in India.

What is the punishment under the IPC

Imprisonment from 7 years to life

Which sections of the law address this crime?

     -Eve Teasing (word, gesture or act intended to insult the modesty of a women)-Section 509 of the IPC

What is the punishment under the IPC?

Simple imprisonment for a term which may extend to three years, and also with fine