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Tuesday, April 30, 2024

Crimes Against Woman in India

Posted in: Woman laws
Tue, May 1, 18, 20:48, 6 Years ago
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Facet relating to offences against women. The offences are of various types. They find mention in many enactments. These under- mentioned provisions are enumerated in Indian Penal Code, 1860:

Facet relating to offences against women. The offences are of various types. They find mention in many enactments. These under- mentioned provisions are enumerated in Indian Penal Code, 1860:

Section 304-B ----- dowry death
Section 354 ----- Assault or criminal force to woman
Section 361 ----- kidnapping from lawful guardianship
Section 366 ----- kidnapping, abducting or inducing a woman
Section 372 -----selling minor for purposes of prostitution
Section 376 ----- rape
Section 376-A ----- intercourse by a man with his wife during separation
Section 376-B ----- intercourse by public servant with woman in his custody
Section 376-D ----- intercourse by any member of the hospital with any woman in that hospital
Section 494 ----- remarriage
Section 498 -- enticing or taking away or detain a married woman
Section 498-A ----- dowry cruelty

These are the main offences under the IPC against women. Certain offences are general against all women and certain offences are applicable in respect of married women.

Assault or criminal force to woman
The Supreme court in State of Punjab v. Major Singh, while dealing with section 354 had interpreted the term 'women' denoting female of any age. It further held that an offence which does not amount to rape may come under the sweep of section 354, IPC.

In this context the decision rendered in the case of State v. Musa is worth noticing. The aforesaid offence caught the eye of the nation when a senior police officer misbehaved with another senior officer belonging to the IAS cadre. The lady officer was slapped before the members of the elite society. Their Lordships (Supreme Court) observed that the observations made in the FIR were neither absurd nor inherently improbable. Finally the accused was acquitted.

In Rupen Deo Bajaj v. Kanwar Pal Singh Gill, the Supreme Court said that the offence under this section should not be treated lightly as it is quite a grave offence. In certain western countries privacy to person and even privacy to procreation are regarded as very sacrosanct rights and if this offence is studied in that prospect the offence would clearly show that it affects the dignity of women and, therefore, the accused of this offence, when proved, should be appropriately dealt with.

In People's Union for Democratic Rights v. Police Commissioner, Delhi, Police Headquarter and another, the supreme court after holding that the accused was guilty of offence under section 354 of IPC, awarded, to the victim, compensation which is to be recovered from the salary of the guilty officers.

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Adv.T Choudhury
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