Any Crime that involves sexual intercourse or any other sexual act. The main crimes in this category are Rape, Assault by penetration, and Sexual Assault.
RAPE: Rape is a type of Sexual Assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without the person’s consent. The act may be carried out by Physical force, Coercion, Abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term Rape is sometimes used interchangeably with the term Sexual Assault.
SEXUAL ASSAULT: Sexual Assault is an act in which one intentionally sexually touches another person without that person’s consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape, or the torture of the person in a sexual manner.
SEXUAL HARASSMENT: Sexual Harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favours. Sexual Harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, educational institutions, etc. Harassers or Victims may be of any sex or gender.
UNNATURAL SEX: Any Sexual practice considered sinful and immoral because it is performed by people who are not married to each other, because it does not lead to procreation, or because it deviates from a pattern set by the mores of the times. Also defined as any sexual practice banned by law such as sodomy and necrophilia.
SODOMIZE: To perform unnatural or abnormal sexual intercourse on a person.
MODESTY: The word Modesty comes from the Latin word ‘modestus’ which means “keeping within measure”. In law, it means the sexual dignity of a woman which is acquired by birth. This term is subjective, i.e. the sexual limits differ in every woman; there cannot be a decided formula to indicate the boundaries of the sexual honor of a woman. It is a virtue attached to a woman owing to her sex.OUTRAGE: The word Outrage implies a physical act. Herein, the modesty of a woman is violated by touching her without her consent at parts of her body that are unacceptable to her. It is necessary that the accused has used criminal force or made such gestures to outrage modesty or should have the knowledge that it would outrage her modesty. The reaction of the woman is very relevant but certain acts are bound to be outrageous to the modesty of every woman such as touching on her posterior sexual organs etc.
DISROBE: Disrobe means “to be in a state of undress which if in Public could be regarded as indecent”.
VOYEURISM: The practice of gaining sexual pleasure from watching others when they are naked or engaged in sexual activity.
STALKING: The act or crime of willfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death especially because of express or implied threats.
ADULTERY: An intended sexual contact between two people of opposite gender who are not married to each other under law.
SEXUAL OFFENCES EXPLAINED UNDER THE INDIAN PENAL CODE (IPC), 1860:
SECTION 354 OF IPC: “Outraging the modesty of women” Assault or criminal force to woman with intent to outrage her modesty. 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, shall be punished with impris¬onment of either description for a term which may extend to two years, or with fine, or with both.
SECTION 354 A OF IPC: “Sexual Harassment”
Since women are a vulnerable group they are subjected to exploitation in all sectors. Be it emotional, financial, and social and even Sexual. Since the courts are aware of this and with the view to provide a remedy to women, Section 354 A was included in the IPC. Section 354 A recognizes 4 acts as sexual harassment they are:
Any unwelcome physical contact or advances and explicit sexual overtures
Demand or request of sexual favors
Showing pornography against the will of women
Making sexually colored remarks
Punishment under Section 354 A
• For the offence of unwelcome physical contact and advances or a demand or request for sexual favors or showing pornography. The punishment is imprisonment up to 3 years or fine or both. It is a cognizable and bailable offence.
• For the offence of making a sexually colored remark. The punishment is imprisonment up to 1 year or fine or both. It is a cognizable and bailable offence.
SECTION 354 B OF IPC: “Assault or use of criminal force with intent to disrobe”
Disrobing is a very serious offence that shatters the self-esteem and dignity of a woman and significantly affects the lives of other women. A man is guilty of the offence of disrobing if he compels a woman by assaulting or using criminal force to remove her clothes and be naked in any place. The accused must have the requisite intention to disrobe or compel a woman to get naked but if the clothes of the woman get torn in a scuffle unintentionally the accused shall not be guilty of the offence of disrobing. The ingredients to be satisfied to attract this section are:
The accused must be a man
Use of criminal force or assault or abetment of any such action must be there
Punishment under Section 354 B
• Imprisonment for 3 to 7 years with fine. It is a cognizable and non-bailable offence.
SECTION 354 C OF IPC: “Voyeurism”
A ‘voyeur’ is a term used to define a person who derives sexual gratification from the observation of others as they undress or engage in sexual activities. Voyeurism is not only a violation of a person’s privacy but a gross violation of women rights to live with dignity and reputation. Even if a woman has agreed to engage in a sexual act voluntarily, then video graphing the same and making it available to the third person without her consent shall be punishable as once recorded video finds a place in the pornographic market.
Punishment under Section 354 C
• Imprisonment for 1 to 3 years with a fine for a first conviction. It is cognizable and bailable. • Imprisonment for 3 to 7 years with a fine for a second or subsequent conviction It is cognizable and non-bailable
SECTION 354 D OF IPC: “Stalking”
According to Section 354D IPC, Stalking is the act of continuously following a woman or contacting her, either online or in-person when she has clearly shown she doesn’t want the attention. Remedies available to women
Women who are being stalked can file a complaint with National Commission for Women (NCW) and the Commission will take the matter up with the police. Any woman, in any part of India, can file this complaint. But this section is subjected to exception.
Punishment under Section 354 D
• Imprisonment up to 3 years with a fine for a first conviction. It is a cognizable and bailable offence.
• Imprisonment up to 5 years with a fine for a second or subsequent conviction It is a cognizable and non-bailable offence
SECTION 375 OF IPC: “Rape”
A man is said to commit “rape” if he
(a) Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions: First.—Against her will.
Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, 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 her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly.—With or without her consent, when she is under sixteen years of age. Seventhly.—When she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.—A medical procedure or intervention shall not constitute rape. Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape
SECTION 376 OF IPC: “Punishment for Rape”
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. (2) Whoever, (a) being a police officer commits rape (i) within the limits of the police station to which he is ap¬pointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or (iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or (c) being on the management or on the staff 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 insti-tution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or (e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.]
SECTION 377 OF IPC: “Unnatural Offences”
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal 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 fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
SECTION 497 OF IPC: “Adultery”
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or 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 of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Please feel free to contact us for Membership. As of now the Membership is applicable only for law students.