OFFENCES AGAINST WOMEN

(Dealt under Indian Penal code and SC &ST (Prevention of Atrocities) Act, 1989)


Women enjoy a unique position socially and physically and are therefore treated differently by the criminal law.  The Indian Penal Code (IPC), 1860 deals with various offences committed against the body, marriage, honour and modesty of a woman.

“Woman”: as per Section 10 of the IPC “woman” denotes any female human being of any age.

The following are the main offences committed against women.

» Outraging the modesty of a women

» Insulting the modesty of a women

» Rape

» Kidnapping or abducting a women

» Offences under the Dowry Prohibition Act 1961

» Criminal breach of trust

» Domestic Violence

» Dowry death

» Abetment of suicide of a married woman.

» Bigamy

The offence, section and punishment Under IPC whether cognizable (arrest without warrant) or non-cognizable (arrest with warrant), bailable and non-bailable etc. are narrated below.

OFFENCES AFFECTING THE HUMAN BODY

Offence

Section

Punishment

Cognizable / non-cognizable

Bailable / non-bailable

Dowry Death

304B

Minimum imprisonment of 7 years which may extend upto imprisonment for life

Cognizable

Non-bailable

Causing miscarriage

312

Imprisonment upto 3 years or fine or both

Non-cognizable

Bailable

Causing miscarriage without woman’s consent

313

Imprisonment for life, or imprisonment for 10 years and fine

Cognizable

Non-bailable

Death of woman caused by act done to cause miscarriage

Without the woman’s consent

314

Imprisonment upto 10 years and fine

Imprisonment for life or as above

Cognizable

Non-bailable

Preventing a child from being born alive or to cause its death after birth

315

Imprisonment upto 10 years, or fine, or both

Cognizable

Non-bailable

Causing death of quick unborn child by act amounting to culpable homicide

316

Imprisonment for 10 years and fine

Cognizable

Non-bailable

Outrage of modesty of woman

354

Imprisonment for 2 years, or fine, or both

Cognizable

bailable

Kidnapping from India

360

Imprisonment for 7 years and fine

Cognizable

Bailable

Kidnapping of from lawful guardianship

(minor is below 18 years for females and below 16 years for males)

361

Kidnapping, abducting or inducing a woman to compel her marriage, etc

366

Imprisonment for 10 years and fine

cognizable

Non-bailable

Procuration of minor girl (minor girls is under the age of 18 years)

366A

Imprisonment for 10 years and fine

Cognizable and fine

Non-bailable

Importation of girl from foreign country ( any country outside India or from the state of Jammu and Kashmir)

366B

Imprisonment for 10 years and fine

Cognizable

Non-bailable

Selling a minor for purpose of prostitution etc( person under 18 years)

372

Imprisonment for 10 years and fine

Cognizable

Non-bailable

Buying a minor for purposes of prostitution etc

373

Imprisonment for 10 years and fine

cognizable

Non-bailable

OFFENCES RELATING TO MARRIAGE

Cohabitation by deceitful means ( by making a woman believe that she is lawfully wedded to him)

493

Imprisonment for 10 years and fine

Non-cognizable

Non-bailable

Bigamy:

(1)Marrying again during lifetime of first husband or wife

(2)Marrying again with concealment of former marriage

494

Imprisonment for 7 years and fine

Non-cognizable

Bailable

495

Imprisonment for 10 years and fine

Non-cognizable

Bailable

Marriage ceremony  fraudulently gone through without lawful marriage

496

Imprisonment for 7 years and fine

Non-cognizable

Bailable

Adultery

497

Imprisonment for 5 years, or fine or both

Non-cognizable

Bailable

Enticing or taking away or detaining with criminal intent a married woman

498

Imprisonment for 2 years or fine or both

Non- cognizable

Bailable

Of cruelty by husband or relatives of husband

Cruelty by husband or relative of husband towards a woman

498A

Imprisonment for 3 years and fine

Cognizable

Non-bailable

Insulting the modesty of a woman by any word, gesture or act

509

Simple imprisonment for 1 year or fine or both

Cognizable

Bailable

There are two relevant statutory provisions under SC&ST (Prevention of Atrocities ) Act , 1989 which is applicable to Dalit women if they are assaulted , raped or face sexual and other humiliation.

Sec. 3(1)(xi) – Assaulting , dishonoring , outraging the modesty of a SC / ST woman – Min. 6 months which may extend to 5 years and fine.

Sec. 3(1) (xii)- Sexual exploitation of SC / ST woman – Min. 6 months which may extend to 5 years with fine.

Compensation paid by the State to the SC/ST woman- Rs. 50,000

( 25,000/-after medical examination and remaining ‘at the end of the trial’)

RAPE

Relevant provisions governing the offence of rape are:

-Section 375 and 376 of IPC.

Under what circumstances a man is charged for raping a woman?

A man is said to have committed rape on woman under circumstances falling under any of the following circumstances.

·        Against her will

·        Without her consent

·        With her consent , when her consent is obtained by putting her in fear of death or of hurt.

·        With her consent , when man knows 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.

·        With or without her consent when she is under 16 years of age.

Penetration is sufficient to constitute the sexual intercourse necessary for the offence of rape.

Punishment for rape

Rape

375, 376

minimum and mandatory punishment for not less than 7 years which may extend to 10 years or even life imprisonment

cognizable

Non-bailable

(Whoever, being a police officer, public servant, management or staff of a hospital or hjail or remand home or women’s or children’s institute commits rape or any inmate; or commits rape on a pregnant woman or a woman under 12 years of age or commits gang rape shall be punished with rigorous imprisonment for not less than 10 years which may extend to life and fine)

Intercourse by a man with his wife during separation

376A

Imprisonment for 2 years and fine

Non-cognizable

Bailable

Intercourse by a public servant with a woman in his custody

376B

Imprisonment for 5 years and fine

Cognizable (but arrest can be made only with a warrant or by order of a Magistrate)

Bailable

Intercourse by superintendent of jail, remand home, etc

376C

Imprisonment for 5 years and fine

Cognizable (but arrest can be made only with a warrant or by order of a Magistrate)

Bailable

Intercourse by any member of the management or staff of a hospital with any woman in that hospital

376D

Imprisonment for 5 years and fine

Cognizable (but arrest can be made only with a warrant or by order of a Magistrate)

Bailable

Scroll to Top
kwfooter
Directorate of Social Welfare.
Powered by C-DIT