Wednesday, 17 June 2020

lawlights- offences against women

  • LAWLIGHTS- OFFENCES AGAINST WOMAN

Hello buddies I’m here to share the facts and give you my piece of knowledge that what I have stored to you in the blog.

INTRODUCTION:

Law students lawyers advocates are not only the persons who needs to know about the rules and acts but as the normal citizen of the nation should know some of the basic and must to be known laws are there, before that I’m going to give you the details about who were the law givers of very important laws

 The Constitution of India - DR. BR. AMBEDKAR &The Indian penal code – LORD THOMAS BAINGTON MACAULAY

 Knowing the laws and rights given to the people of the society are very important in the present world and its scenario, the reflection of rights emerged within the legal system is stepping ahead without doubt.

First here I’m going to list out the list out the crimes and offences affecting women and their punishments under INDIAN PENAL CODE, 1860 (IPC) and the new offences which occurring towards the woman and the punishment under law were discussed in this platform.

Double Bracket: THE INDIAN PENAL CODE, 1860

Sections under IPC

Applications of the sections

509

Word, gesture, or act intended to insult the modesty of a woman.

366B

Importation of girl from foreign country.

363

Punishment for kidnapping

363A

Kidnapping or maiming a minor for begging.

364

Kidnapping or abducting in order to murder.

364A

Kidnapping for ransoms etc.

365

Kidnapping or abducting with intent secretly and wrongfully to confine person.

366

Kidnapping abducting or inducing woman to compel her marriage, forced or seduced to illicit intercourse etc.

366A

Procuration of minor girl.

367

Kidnapping or abducting in order to subject person grievous hurt, slavery etc.

368

Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

369

Kidnapping or abducting child under ten years with intent to steal from its person.

370

Buying or disposing of any person as a slave.

371

Habitual dealing in slaves.

372

Selling minor for purposes of prostitution etc.

373

Buying minor for purpose of prostitution.

 

 

375

Rape.

376

Punishment for rape.

 

376A

Intercourse by a man with his wife during separation.

376B

Intercourse by public servant with woman in his custody.

376C

Intercourse by superintendent of jail, remand home, etc.

376D

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

304B

Dowry death.

306

Abatement of suicide.

302

Punishment for murder.

354

Assault or criminal force to women with intent to outrage her modesty

326

Voluntarily causing grievous hurt by dangerous weapons or means

326A & 326B

Acid attack under the criminal law (amendment act) 2013

 

 

1.      1.   Rape and its punishments –  sections (375, 376 ,376A, 376B, 376C, 376D, 376E)

2.       2.Dowry death, murder, abatement of suicide, etc. sections (302, 304B)

3.       3.Cruelty by husband or his relatives section (498A)

4.       4.Attempt to commit rape sections 376/511

5.       5.Kidnapping and abduction for different purposes sections 363-373

6.       6.Outraging the modesty of women section 354

7.       7.Sexual harassment section 354A

8.       8.Assault on women with intent to disrobe a women section 354B

9.       9.Voyeurism section 354C

10.       10. Stalking section   Importation of girls section 366B

12.     Word gesture or act intended to insult the modesty of a woman section 509.

There are many legal provisions are available for the victims who are facing those tortures and criminal injustice happening on them, and these provisions are made to prevent the woman and punish the culprits who are committing offences against the woman.

 

Oval: Punishments for offences against women under legal provisions

 

 

 

 

 

PUNISHMENTS:

RAPE: SECTION 376

Committing of heinous crime provides with punishment under two sub sections

1.         376(1) provides a punishment of minimum sentence of 7 years of imprisonment that may extend to life imprisonment and also liable to fine.

2.        376(2) provide punishment not less than 10 years of imprisonment may extend to imprisonment for life or death or fine.

GANG RAPE: SECTION 376D

Shall be punished with rigorous imprisonment for not less than 20 years which may extend to life imprisonment and also liable to fine.

OUTRAGING THE MODESTY OF WOMEN: SECTION 534

If any person with an intention to outrage the modesty of woman by using any criminal force shall be punished with an imprisonment not less than one year or may extend upto 5 years with fine

INSULTING THE MODESTY OF WOMAN: SECTION 509

Insulting the modesty of woman without any physical force is brought under this provision through section 509 which is insult through any words gesture or act or by intruding upon the privacy of such woman known as EVE TEASING shall be punished with simple imprisonment for a term which may extend to three years and also with fine.

NEW OFFENCES AND THEIR PUNISHMENTS RELATING TO WOMAN:

SEXUAL HARASSMENT: SECTION354A

1.         Making physical contact without the interest of the woman, 2.  Demanding the requests for sexual flavors, 3.showing pornography against the will of the women, making marks which are sexually colored.

Punishment under section 354A (1) (i) to (iii) is rigorous imprisonment of 3years or fine or both under sub clause (iv) imprisonment may extend to one year or fine or with both.

 

DISROBING A WOMAN (STRIPPING): SECTION 354B

This section deals with the offence of assaulting the woman by using any criminal force or abetting such act with an intention to disrobe or compel her to be naked, punishment of not less than 3 years which may extend to 7 years with a fine.

(Note: this section is gender specific offence that is only a man can be punished under this section).

VOYEURISM:   SECTION 354C

 Voyeurism means the practice of gaining sexual pleasure from watching others when they are naked or engaged in sexual activity or the pain or distress of others.

The offence no.1 = when a person watches or taking the image of a woman engaging in some those sexual or private act

The offence no 2= spreading of those images.

Punishment for the first offence= 1 year of imprisonment or may extend to 3 years with fine.

Punishment for the second offence = imprisonment of not less than 3 years may extend upto 7 years and also with fine.

STALKING SECTION 354D

FIRST OFFENCE: following the woman or where a man follows or try to contacts a woman despite of her disinterest.

Punishment: imprisonment which may extend upto 3 years with fine.

 

SECOND OFFENCE: where a man monitors the use of a woman of the internet, email, or any other form of electronic communication.

Punishment: imprisonment may extend upto 5 years with fine.

ACID ATTACK section 326A and 326B

The criminal law amendment act 2013 under the provisions made this section for the attack.

Section 326A: voluntarily causing grievous hurt by using acid punished with imprisonment not less than 10 years with fine.

Section 326B: having more legislative focus with intention to cause grievous hurt by throwing acid I any form punished with less than 5 years of imprisonment which may extend upto 7 years.

 

OFFENCES RELATING TO MARRIAGE CRUELTY BY HUSBAND OR HIS RELATIVES section 498A

Forcing her to do unlawful things, ill treatment, giving torture, harassment etc. are fall under this section and these provisions under IPC gives a legal support to the woman to get relief from their matrimonial disputes.

 Punishment of this offence is imprisonment for a period of 3years with fine.

 

DOWRY DEATH SECTION 304B

This special provision inserted in IPC which deals with the death cases through dowry torture. Section 304B (1) defines the dowry death and section 304B (2) lays down the punishment of the dowry death which is not less than 7years and may extend to life time imprisonment.

 

CONCLUSION:

 In the developing nation these type of offences and crimes are still emerging and developing with the nation against the woman, they are suffering continuously in all the way whatever changes, the need of praising the woman is not needed but the need of giving respect and basic courtesy to the woman must be thought to everyone who are with the evil intention and getting pleasure through the cheapest activity, the moral and ethical values ought to be from childhood and give the fear of committing offences leads to a serious destruction  of their own life. Come out spoke the unlawful activity towards the woman and give an earful punishment through the legal provision specialized for the woman and suppression of womanin the names of social ethics, moral values, etc. etc. leading to the increasing number crimes against the woman.

 

REFERENCES:;

1.          The Indian penal code of, 1860,

2.       The Criminal (Amendment) Act , 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1 comment:

  1. Here i have discussed many laws and its section under the Indian Penal Code 1860 which covers the offences against woman and their punishments,here you may leave your comments and ask for any legal queries

    ReplyDelete

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