Sexual Offences

Roll No: 60 SreeRam S

Roll No: 61 Subramanyan R
Roll No: 62 Sundaresan N
 Overview
• Introduction

• Crime against women in IPC, 1860

• Existing Acts

• Rape [Section 375 & 376]

• Punishment

• Case Laws

• JS Verma Committee

• Nirbhaya Act

• Conclusion
 Introduction
• Violence against women is de ned as an act of
“gender-based violence that results in or is likely to
result in physical, sexual or psychological harm or
su ering to women, including threats of acts such as
coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life.”

• The United Nations claims that violence against

women and girls is one of the most widespread and
devastating violations of human rights in the world
right now.
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 Introduction
In a matter of a few centuries, there has been an uproar of violence, sexual and non-
sexual.

Some forms of violence against women are in the form of:

▪ Child Marriage

▪ Femicide

▪ Rape and Molesting

▪ Human Tra cking

▪ Domestic Abuse

▪ Intimate Partner Violence

▪ Acid Attack

The World Health Organisation and United Nations are making constant e orts to change
this rising tide of violence against women in the form of spreading education and holding
workshops for spreading knowledge on the laws against such violence.
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 Introduction
• Women are half the population of India -48.9%

• Despite progressive legislations, access to justice is

di cult and cumbersome resulting in re-victimisation of
women

• Many forms - harassment, domestic violence, rape,

dowry death, acid attack, female foeticide and infanticide
etc.

• Women victims of violent crimes increased from 9.4% in

2011 to 10.7% in 2015 within IPC crimes.
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Crime Against Women in IPC 1860
1. Acid Attack (Sections 326A and 326B)

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

3. Attempt to commit rape (Section 376/511)

4. Kidnapping and abduction for di erent purposes (Sections 363–373)

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

6. Cruelty by husband or his relatives (Section 498A)

7. Outraging the modesty of women (Section 354)

8. Sexual harassment (Section 354A)

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

10. Voyeurism (Section 354C)

11. Stalking (Section 354D)

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

13. Word, gesture or act intended to insult the modesty of a woman (Section 509)
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 Existing Acts
India, being one of the developing countries of the world, has tried its best to combat this
human rights violation.

Indian laws that help curb the instances of violence against women are:

▪ The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986).

▪ The Indecent Representation of Women (Prohibition) Act, 1986 .

▪ The Commission of Sati (Prevention) Act, 1987 (3 of 1988) .

▪ Protection of Women from Domestic Violence Act, 2005 .

▪ The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and

REDRESSAL) Act, 2013 .

▪ The Criminal Law (Amendment) Act, 2013 .

Violence against women in India is actually way more than what the numbers and statistics
show. The majority of these cases remain undocumented due to the stigma surrounding sex
and harassment.
 Rape [Section 375 & 376]
Section 375, IPC de nes rape. In simple terms, the o ence 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.
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 Punishment
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 ne.

Section 376(2) provides punishment not less than ten years of

imprisonment but may extend to imprisonment for life or death or ne.

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 furtherance of a
common intention, each of them shall be liable for the o ence of rape
and shall be ounished with rigourous imprisonment for not less than
twenty years which may extend to lifetime imprisonment and ne.
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Case Law : Priya Patel v. State of M.P.
Facts: The prosecutrix was returning home after her sports meet and the
husband of the appellant met her at the railway station and told her that
her father has sent him to pick her. He took her to his house and raped.
During the commission of rape, appellant (the wife) entered the room and
prosecutrix asked for the help but instead of saving her, the appellant
slapped her and closed the door and left the place of the incident. The
accused husband was charged under Section 376, IPC whereas the
appellant wife was charged for commission of o ence punishable under
Section 376(2)(g), IPC.

The appellant wife challenged the legality of the charge framed against
her under Section 376(2)(g), IPC on the ground that since a woman
cannot commit rape and so cannot be convicted for commission of
‘gang rape’.

Judgment: The court held that a woman cannot said to have an

intention to commit rape. Therefore, the appellant cannot be prosecuted
for alleged commission of an o ence punishable under Section 376(2)(g).
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 Case Law : Tukaram v. State of Maharashtra
Facts: Mathura, a Harijan girl developed intimacy with a boy, Ashoka. Her brother lodged a report in
the Police Station that Mathura had been kidnapped by Ashok. After sometime, Mathura was
brought to the Police Station and statement was recorded. Since, it was late at night, so there were
two constables (appellants) present at the police station at the time. The appellants asked Mathura
to stay at the police station and asked her companions to wait outside. One of the appellants took
her into the washroom and light a torch focusing on her private parts and thereafter dragged her and
raped in spite of her protests. Then, the other appellant came and wanted to rape her but couldn’t as
he was highly toxicated. Since, all the lights of the police station was o and nothing was visible, the
companions of Mathura called her name and shortly afterwards, Mathura emerged out of the police
station and alleged that one of the constables had raped her. The crowd became aggressive and so,
her FIR was lodged on behalf of her statement. Doctor’s report stated that there was no injury on the
body of Mathura. Her hymen revealed old ruptures. The appellants contended that since there was
no direct evidence about the nature of the consent of the girl to the alleged act of sexual intercourse,
it can be inferred from the available circumstances that she did this with her passive submission.

Judgment: The court held that no marks of injury was found on the body of the girl after the incident
and this indicates that the intecourse was a peaceful a air and the story made by the girl was
ctitious. Therefore, no o ence is brought against the appellants.

This case is popularly known as ‘Mathura Rape Case’.

After this case, it was interpreted by the Apex Court in many cases that to constitute the o ence of
rape, it is not important that there must be some injury on the body of the victim
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 JS Verma Committee
Justice Verma Committee was constituted to recommend amendments to the
Criminal Law so as to provide for quicker trial and enhanced punishment for
criminals accused of committing sexual assault against women. The Committee
submitted its report on January 23, 2013.

Background: On December 23, 2012 a three member Committee headed by

Justice J.S. Verma, former Chief Justice of the Supreme Court, was constituted to
recommend amendments to the Criminal Law so as to provide for quicker trial and
enhanced punishment for criminals accused of committing sexual assault against
women. The other members on the Committee were Justice Leila Seth, former
judge of the High Court and Gopal Subramanium, former Solicitor General of India.

The Committee submitted its report on January 23, 2013. It made

recommendations on laws related to rape, sexual harassment, tra cking, child
sexual abuse, medical examination of victims, police, electoral and educational
reforms. We summarise the key recommendations of the Committee.

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 JS Verma Committee
Rape: The Committee recommended that the gradation of sexual o ences should be retained in the Indian Penal
Code, 1860 (IPC).

The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of
power. Rape should be retained as a separate o ence and it should not be limited to penetration of the vagina,
mouth or anus. Any non-consensual penetration of a sexual nature should be included in the de nition of rape.

The IPC di erentiates between rape within marriage and outside marriage. Under the IPC sexual intercourse
without consent is prohibited. However, an exception to the o ence of rape exists in relation to un-consented
sexual intercourse by a husband upon a wife. The Committee recommended that the exception to marital rape
should be removed. Marriage should not be considered as an irrevocable consent to sexual acts. Therefore, with
regard to an inquiry about whether the complainant consented to the sexual activity, the relationship between the
victim and the accused should not be relevant.

Sexual assault: Currently, “assault or use of criminal force to a woman with the intent to outrage her modesty” is
punishable under Section 354 of the IPC with 2 years imprisonment. The term outraging the modesty of a woman
is not de ned in the IPC. Thus, where penetration cannot be proved, the o ence is categorized as de ned under
Section 354 of the IPC.

The Committee recommended that non-penetrative forms of sexual contact should be regarded as sexual assault.
The o ence of sexual assault should be de ned so as to include all forms of non-consensual non-penetrative
touching of a sexual nature. The sexual nature of an act should be determined on the basis of the circumstances.
Sexual grati cation as a motive for the act should not be prerequisite for proving the o ence. The o ence should
be punishable with 5 years of imprisonment, or ne, or both.

Use of criminal force to disrobe a woman should be punishable with 3 to 7 years of imprisonment.
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 JS Verma Committee
Verbal sexual assault: At present, use of words or gestures to “insult a woman’s modesty” is punishable with 1
year of imprisonment or ne or both under Section 509 of the IPC. This section should be repealed. The
Committee has suggested that use of words, acts or gestures that create an unwelcome threat of a sexual nature
should be termed as sexual assault and be punishable for 1 year imprisonment or ne or both.

Sexual harassment: Some of the key recommendations made by the Committee on the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 that is pending in Parliament are provided
below:

• Domestic workers should be included within the purview of the Bill.

• Under the Bill the complainant and the respondent are rst required to attempt conciliation. This is contrary
to the Supreme Court judgment in Vishakha vs. State of Rajasthan which aimed to secure a safe workplace
to women.

• The employer should pay compensation to the woman who has su ered sexual harassment.

• The Bill requires the employer to institute an internal complaints committee to which complaints must be
led. Such an internal committee defeats the purpose of the Bill and instead, there should be an
Employment Tribunal to receive and adjudicate all complaints.

Acid attack: The Committee opined that the o ence should not be clubbed under the provisions of grievous hurt
which is punishable with 7 years imprisonment under the IPC. It noted that the o ence was addressed in the
Criminal Laws Amendment Bill, 2012 which is currently pending in Parliament. The Bill prescribes a punishment
of imprisonment for 10 years or life. It recommended that the central and state government create a corpus to
compensate victims of crimes against women
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 JS Verma Committee
O ences against women in con ict areas: The continuance of Armed Forces (Special
Powers) Act (AFSPA) in con ict areas needs to be revisited. At present, the AFSPA requires
a sanction by the central government for initiating prosecution against armed forces
personnel. The Committee has recommended that the requirement of sanction for
prosecution of armed forces personnel should be speci cally excluded when a sexual
o ence is alleged. Complainants of sexual violence must be a orded witness protection.
Special commissioners should be appointed in con ict areas to monitor and prosecute for
sexual o ences. Training of armed personnel should be reoriented to emphasise strict
observance of orders in this regard by armed personnel.

Tra cking: The Committee noted that the Immoral Tra cking Prevention Act, 1956 did not
de ne tra cking comprehensively since it only criminalised tra cking for the purpose of
prostitution. It recommended that the provisions of the IPC on slavery be amended to
criminalise tra cking by threat, force or inducement. It also recommended criminalising
employment of a tra cked person. The juvenile and women protective homes should be
placed under the legal guardianship of High Courts and steps should be taken to reintegrate
the victims into society.

Child sexual abuse: The Committee has recommended that the terms ‘harm’ and ‘health’
be de ned under the Juvenile Justice Act, 2000 to include mental and physical harm and
health, respectively, of the juvenile.
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 JS Verma Committee
Punishment for crimes against women: The Committee rejected the proposal for chemical
castration as it fails to treat the social foundations of rape. It opined that death penalty
should not be awarded for the o ence of rape as there was considerable evidence that
death penalty was not a deterrence to serious crimes. It recommended life imprisonment for
rape.

Medical examination of a rape victim: The Committee has recommended the

discontinuation of the two- nger test which is conducted to determine the laxity of the
vaginal muscles. The Supreme Court has through various judgments held that the two-
nger test must not be conducted and that the previous sexual experience of the victim
should not be relied upon for determining the consent or quality of consent given by the
victim.

Police reforms: The Committee has recommended certain steps to reform the police.
These include establishment of State Security Commissions to ensure that state
governments do not exercise in uence on the state police. Such Commissions should be
headed by the Chief Minister or the Home Minister of the state. The Commission would lay
down broad policy guidelines so that the Police acts according to the law. A Police
Establishment Board should be established to decide all transfers, postings and promotions
of o cers. Director General of Police and Inspector General of Police should have a
minimum tenure of 2 years.
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 Nirbhaya Act 2013
Criminal Law (Amendment) Act, 2013 - Nirbhaya Act

• It amended as well as inserted new sections in the IPC with regard to various sexual o ences.
New o ences like, acid attack, sexual harassment, voyeurism, stalking have been
incorporated into the IPC.

• It expands the de nition of rape to include oral sex as well as the insertion of an object or any
other body part into a woman’s vagina, urethra or anus.

• The new amendment de nes ‘consent’, to mean an unequivocal agreement to engage in a

particular sexual act; clarifying further, that the absence of resistance will not imply consent.

• One of the most notable omissions of the Act is its failure to criminalize marital rape. It is an
exception to section 375, provided that the wife is not under 15 years of age.

• Earlier the o ence of rape (sexual assault) was gender neutral, while now this o ence is
women centric. Only a man is assumed to be capable of committing such o ence and that
too against a woman only. The aspect of gender neutrality was required in following aspects:

• When a man or transgender person is raped.

• In a few instances, even women have carried out sexual assaults against other women.
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 Nirbhaya Act 2013
This Criminal Law (Amendment) Act, 2013 widens the ambit of the o ence of “rape” so as to
provide harsher punishments for the more grievous acts. It also enlarged the provision to cover
certain non-penetrative acts like oral sex and inserting any object or any other part of the body
into a woman’s body as an o ence under the de nition of “rape” under Section 375. Although
under Section 376, the punishment for the o ence of “rape” has not been enhanced, after the
Criminal Law Amendment Act 2018, it was later increased to a minimum of 10 years
imprisonment, which may extend to life imprisonment. However, this Amendment of 2013 has
added provisions and enhanced punishment for more grievous forms of rape like-

Section O ence Punishment

Section Causing death or resulting in a Rigorous imprisonment for a minimum

376A persistent vegetative state of the of 20 years which may extend to life
Section woman
Sexual intercourse by the husband imprisonment
Imprisonment till
forthe remainder
a minimum of of
2 the
376B during separation years which may extend to 7 years
Section Sexual intercourse by a person in and a ne.imprisonment for a minimum
Rigorous
376C authority ( duciary relationship, of 5 years which may extend to 10
Section public servant, jail authorities, years andimprisonment
Rigorous a ne. for a minimum
Gang rape
376D of 20 years, which may extend to life
Section imprisonment till the
Life imprisonment till remainder of a of
the remainder
Repeat o enders
376E a person’s life or death sentence.
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 Ordinance passed vs. J. S. Verma Committee
recommendations
• The Justice J. S. Verma Committee recommended 20 years imprisonment for gang-rape and life
imprisonment for rape and murder but refrained from using the term “death penalty” though
there was public outcry to sentence rapists with death sentence following the brutal gang-rape
and murder of a 23-year-old medical student in Delhi on December 16, 2012.

However, the ordinance passed by the Cabinet went for a harsher punishment for a rapist – a
minimum of 20 years imprisonment for rapists and even death penalty in extreme cases.

• Verma panel recommended criminalization of marital rape but the ordinance rejected it.

• The Justice J. S. Verma Committee recommended restriction of politicians facing sexual o ence
charges from contesting elections. Ordinance rejected this recommendation.

• The panel recommended that the senior police or army o cials be held responsible for sexual
o ences committed by their junior but the ordinance rejected it.

• The Justice J. S. Verma Committee wanted to make videography of recording statement from
victim mandatory but the ordinance made it optional.

• The Justice J. S. Verma Committee wanted the de nition for sexual o ences as rape but the
ordinance replaced it with the word “sexual assault”.
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 Conclusion
Notwithstanding the number of laws to protect and safeguard
the rights and interest of the women, the rate of crime against
women and victimization is mushrooming day by day. It is well
said that it takes two to tango. It implies that only laws are not
responsible to regulate and control the augmentation of the
crimes against women in our society. The suppression of evil
eyes on women and inculcation of social ethics, morals and
values, respect and honor in every human being towards women
is the need of the hour and is a supplement factor that can
equally contribute in reducing the number of crimes against
women.