MATS Law School

Indian penal code

Project on:Crime Against Women Under IPC

SUBMITTED TO

SUBMITTED

BY
Mr. Pankaj Umbarkar

Pragati Dewangan

Asst. Professor

B.A.LL.B

MATS Law School

Semester-4th

MATS University
1

MU12BALLB10

ACKNOWLEDGEMENT

We, hereby, want you to know that we thank our college MATS LAW SCHOOL for
providing us with intellectual and co-operative faculty for

Legal method (Mr. Pankaj

Umbarkar) who allotted us the project topic: Crime Against Women Under IPC and gave us
the opportunity to research on the topic and gain knowledge and command over it.
we would also like to thank our Director sir Dr. G.P. Tripathi for providing very informative,
full of knowledge and great variety of books in the college library, at the same time we would
like to thank the librarian Mr. Anil Dewangan to allow us to the refer the books and spend
ample of time in the library. Crime Against Women Under IPC on which proved to be a boon
for us and our project helped us a lot in understanding the basics of the topic.
Next, we convey our sincere thanks and gratitude to my friends and family for rendering
constructive and valuable suggestions and comments that have helped a lot in improving the
quality and content of the project and also helped us for completing the project in limited time
frame.

Thank You
Pragati Dewangan
B.A.LL.B

DECLARATION

We are here to present project work entitled Crime Against Women Under IPC submitted to
the MATS University is the original work done by us under the guidance of Mr. Pankaj
Umbarkar, MATS Law School, Gullu, Arang, and this project has not performed the basis for
the award of any Degree or diploma and similar project if any. Its for our personal interest and
knowledge.
Pragati Dewangan
B.A.LL.B

TABLE OF CONTENTS
S.No.
Topic
Page No.
1
Introduction
5
2
Classification of offence against 6
3
4
5
6
7
8
9
10
11

Women
Rape
Punishment for Rape
Kidnapping and Abduction
Dowry Death
Sexual Harassment
Importation of girls
Torture, Cruelty and Harasement
Offences against women in India
Cause of crime against women in

6
8
10
17
17
17
17
18
19

12
13

India
Mathura Rape Case
Conclusion

20
22

INTRODUCTION
As Swami Vivekananda had said That country and that nation that do not
respect women have never become great, nor ever be in future. Women are
considered as a weaker sex not only from physical point of view but also
from sociological aspect also. When we refer to smritis, we notice that
woman has always been dependent on man. During child hood, on her
father, after marriage on her husband, and during her old age on her son.
4

However in olden times we find say Where women are respected there
Gods reside Mahatma Gandhi once observed[i]. To call women a weaker
sex its liable in mans injustice to women if by strength means brute
strength, then indeed women are less brute than men. If by strength means
moral power then women is work of Gabon the spirit of man in every
position like priest, husband guardian perpetuated the female sex as to obey
the man but no one questioned as to why she must be treated as obeying
person. Women were considered inferior to men in practical life. But in
scriptures they were given high position. Thus in past, the status of women
in India was not clear. It was theoretically high but practically low. Women
were prohibited to take part in domestic as well as in external matter. They
were under the influence of their parents before marriage and their husbands
after marriage.
Thus, the position of women in ancient India was inferior. The position
became worse even during the Moghul rule. They could not overcome the
nasty Pardah system of the time. Further, there was the custom of Sati. Many
women were forcibly sent to the funeral pyre of their dead husbands. There
was no change in the fate of women even during the British rule in India.
The situation began to change when many national figures started a struggle
for Indias freedom. Mahatma Gandhi openly invited the help from women.
Many women came forward. Among them were Sarojini Naidu, Vijaya
Laxmi Pandit, Mrs. Aruna Asaf Ali and others[ii]. Many women thereafter
occupied prestigious positions in India. They excelled in almost all fields
such as sports, politics, administration, science and arts.
5

CLASSIFICATION OF OFFENCES AGAINST WOMEN

Women are victims of crimes such as rape, murder, robbery, cheating etc.
Which are not specially directed at them, there are designated as crimes
against women, which are directed specifically against them and are detailed
herein.
INDIAN PENAL CODE, 1860

The Crimes under the Indian Penal Code (IPC)

(i)

Rape:

Rape (section 375-377)

Sexual offences: as per section 375 to 377 of IPC talks about sexual offences
as per section 375 defined as Rape, this term is derived from the Laitn term
rapio, which means to seize. Thus rape literally means a forcible seizure and
that is essential characteristics of offence. We can also say that intercourse
with a women without her consent.
As per section 375 : A man is said to commit rape who, except in the case
hereinafter

excepted,

has

sexual

intercourse

with

woman

circumstances falling under any of the six following descriptions:Firstly- Against her will.
Secondly- Without her consent.

under

Thirdly- With her consent, when her consent has been obtained by putting
her or any PS 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 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.
Sixth- With or without her consent, when she is under age of sixteen years.
[iii]
Explanation: Penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.[iv]
Exception: Sexual intercourse by man with her consent his own wife, the
wife not being under fifteen years of age, is not rape.
Essentials ingredients of section of 375:
There must be sexual intercourse with a woman by a man;
Such a sexual intercourse should be under any of the following
circumstances:
7

 Against her will;

Without her consent;
With consent obtained under fear of death or hurt;
With consent given under misconception of fact that the man is her
husband;
Consent given by reason of unsoundness of mind, intoxication or
under influence of any stupefying or unwholesome substance;
With women under 16 years of age, with or without consent.
Punishment for Rape:
Section 376. 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 woman 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.
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(2) Whoever: (a) being a police officer commits rape Within the limits of the police station to which he is appointed; or
In the premises of any station house whether or not situated in the
police station to which he is appointed; or
On a woman is 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 womans or childrens institution 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 when she is under twelve years of age; or
(g) Commits gang rape,
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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 Womens or childrens institution means an institution,
whether called an orphanage or home for neglected women or children or a
widows home or by any other name, which is established and maintained
for the reception and care of women or children[v].
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.[vi]
Kidnapping and Abduction (Section 359- 373):
Kidnapping and Abduction for different purpose( section 363 to 373) : As
per section 363talks about punishments for kidnapping Whoever kidnaps
any person from India or from lawful guardianship, shall be punished with
10

imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine. In Chandrakala v. Vipin Menon1,. The
supreme court declined to convict the father, who was accused of
kidnapping his minor daughter who was living with her maternal grand
father due to strained relationship between her parents, on the ground that
the accused was the natural guardian of the child.
And as per section 359 defined as kidnapping, Kidnapping is of two type:
kidnapping from India, and kidnapping from lawful guardianship.
As per section 360 talks about kidnapping from India and section 361 talks
about Kidnapping from lawful guardianship. In State of Haryana v. Raja
Ram,2in this case the prosecutrix was a young girl of 14 years. She became
friendly with a person called Jai Narain, aged 32, who was a frequent visitor.
When Jai narain was forbidden by prosecutrixs father from coming home,
he sent massage through a Raja ram. She was constantly persuaded to leave
the house and come with jai Narain, who would keep her in a lot of material
comfort. One night, the prosecutrix arranged to meet Jai Narain in his house
and went to meet him where she was seduced by Jai Narain.
Held: It was held that Jai Narain was liable under section 376 for rape and
Raja Ram under section 366.

1 (1993 2 SCC 6)
2 AIR 1973 SC 819
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As per section 364 talks about punishment, it means this section provides
that Kidnapping or abducting in order to murder, it means Whoever Kidnaps
or abducts any person in order that such person may be murdered or may be
so disposed of as to be put in danger of being murdered, shall be punished
with imprisonment for life or rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
Illustration: A kidnaps Z from India, intending or knowing it to be
likely that Z may be sacrificed to an Idol. A has committed offence in this
section.
So, this section apply if a person has been abducted with intention that he be
murdered. (InUpendra Nath v. Emperor3],.) The actual muder of the person
is not required. It is sufficient that there was abduction with intent to murder.
As per 364A. Kidnapping for ransom, etc.Whoever kidnaps or abducts
any person or keeps a person in detention after such kidnapping or abduction
and threatens to cause death or hurt to such person, or by his conduct gives
rise to a reasonable apprehension that such person may be put to death or
hurt, or causes hurt or death to such person in order to compel the
Government or any foreign State or international inter-governmental
organization or any other person to do or abstain from doing any act or to
pay a ransom, shall be punishable with death, or imprisonment for life, and
shall also be liable to fine.

3 AIR 1940 Cal 561

12

As per section 365Kidnapping or abducting with intent secretly and

wrongfully to confine person.- Whoever kidnaps or abducts any person
with intent to cause that person to be secretly and wrongfully confined, shall
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
As per section 366 kidnapping, abducting or inducing woman to compel
her marriage, etc.Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry
any person against her will, or in order that she may be forced or seduced to
illicit intercourse, or knowing it to be likely that she will be forced or
seduced to illicit intercourse shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine; 1[and whoever, by means of criminal intimidation as defined in this
Code or of abuse of authority or any other method of compulsion, induces
any woman to go from any place with intent that she may be, or knowing
that it is likely she will be, forced or seduced to illicit intercourse with
another person shall be punished as aforesaid.
As per section 366A procreation of minor girl.Whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years to go
from any place or to do any act with intent that such girl may be, or knowing
that it is likely that she will be, forced or seduced to illicit intercourse with

13

another person shall be punishable with imprisonment which may extend to

ten years, and shall also be liable to fine.
As per section 366B Importation of girl from foreign country- Whoever
imports into2[India] from any country outside India or from the State of
Jammu and Kashmir] any girl under the age of twenty-one years with intent
that she may be, or knowing it to be likely that she will be, forced or
seduced to illicit intercourse with another person, shall be punishable with
imprisonment which may extend to ten years and shall also be liable to fine.
As per section 367 Kidnapping or abducting in order to subject person
to grievous hurt, slavery, etc.- Whoever kidnaps or abducts any person in
order that such person may be subjected, or may be so disposed of as to be
put in danger of being subject to grievous hurt, or slavery, or to unnatural
lust of any person, or knowing it to be likely that such person will be so
subjected or disposed of, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
As per section368 Wrongfully concealing or keeping in confinement,
kidnapped or abducted person- Whoever, knowing that any person has
been kidnapped or has been abducted, wrongfully conceals or confines such
person, shall be punished in the same manner as if he had kidnapped or
abducted such person with the same intention or knowledge, or for the same
purpose as that with or for which he conceals or detains such person in
confinement.
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As per section 369 Kidnapping or abducting child under ten years with
intent to steal from its person- Whoever kidnaps or abducts any child
under the age of ten years with the intention of taking dishonestly any
movable property from the person of such child, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine[x].
As per section 370 Buying or disposing of any person as slaves- Whoever
imports, export, removes, buys, sells or disposes of any person as a slave, or
accepts, receives or detains against his will any person as slave, shall be
punished with imprisonment of either description for a term which may
extend to seven years and shall also be liable to fine.
As per section 371 talks about Habitual dealing in slaves- Whoever
habitually imports, exports, removes, buys, sells, traffics or deals in slaves,
shall be punished with 1[imprisonment for life] or with imprisonment of
either description for a term not exceeding the years, and shall also be liable
to fine.
As per section 372selling minor for purpose of prostitution, etc.-Whoever
sells, lets to hire, or otherwise disposes of any person under the age of
eighteen years with intent that such person shall at any age be employed or
used for the purpose of prostitution or illicit intercourse with any person or
for any unlawful and immoral purpose, or knowing it to be likely that such
person will at any age be] employed or used for any such purpose, shall be

15

punished with imprisonment of either description for a term which may

extend to ten years, and shall be liable to fine.
Explanation I- When a female under the age of eighteen years sold, let for
hire, or otherwise disposed of to a prostitute or to any person who keeps or
manages a brothel, the person so disposing of such female shall, until the
contrary is proved, be presumed to have disposed of her with the intent that
she shall be used for the purpose of prostitution.
Explanation II
For the purposes of this section illicit intercourse means sexual intercourse
between persons not united by marriage or by any union or tie which,
though not amounting to a marriage, is recognized by the personal law or
custom of the community to which they belong or, where they belong to
different communities, of both such communities, as constituting between
them a quasi -marital relation.
As per section 373 talks about Buying minor for the purpose of prostitution
etc.- Whoever buys, hires or otherwise obtains possession of any 1[person
under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, of knowing it to be
likely that such person will at any age be] employed or used for any purpose,
shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
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Explanation I Any prostitute or any person keeping or managing a brothel,

who buys, hires or otherwise obtains possession of a female under the age of
eighteen years shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.
1. Homicide for dowry, dowry deaths or their attempts discussed under
section 302 and 304-B and also under section 174(3) of CrPc:
As per section 304B. Dowry death.(1) Where the death of a woman is
caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage and it is shown that soon
before her death she was subjected to cruelty or harassment by her husband
or any relative of her husband for, or in connection with, any demand for
dowry, such death shall be called dowry death, and such husband or
relative shall be deemed to have caused her death.
Explanation- For the purpose of this sub-section, dowry shall have the
same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of
1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may
extend to imprisonment for life.
As per section 302 talks about punishment for murder it means Whoever
commits murder shall be punished with death, or [imprisonment for life] and
shall also be liable to fine.
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1. Sexual Harassment : As per section 509 talks about Word gesture or

act intended to insult the modesty of a woman.
Importation of girls (up to 21yearsage): section 366B of IPC talks
about Importation of girls.
1. Torture, both mental and physical: As per section 498-A talks about
Torture, both mental and physical.
The crimes identified under the special laws: Although all laws are not
gender specific, the provisions of law affecting women significantly have
been reviewed periodically and amendments carried out to keep pace with
the emerging requirements. Some acts which have special provisions to
safeguard women and their interests are:
1. The employees Insurance Act,1948
2. The Plantation Labour act, 1951
3. Special marriage Act, 1954
4. The Hindu marriage Act, 1955
5. Dowry Prohibition Act, 1961
6. The equal Remuneration Act, 1976
7. The child marriage Restraint(Amendment) Act, 1979
8. Commission of Sati(Prevention) Act, 1987
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9. Hindu succession Act,1956.

OFFENCES AGAINST WOMEN IN INDIA

There are a variety of psychological, economical, sociological forms of

victimization of women. In our society we have been seen that women are
economically discriminated at working places. At the same time women are
also exploited physically, emotionally and sexually by their husbands. It is
shocking to hear that women had no right to decide whether they could
continue their pregnancy or terminated it. The following are categories of
crimes against women in India:
Sexual offences, Offences for gain, Molestation and rape, Harassment at
home leading to suicide and murder of young brides, Immoral trafficking,
exploitation of women. Physical torture, Mental Cruelties.

CAUSES OF CRIME AGAINST WOMEN IN INDIA

Crimes against women is not considered from only physical point of view
but also sociological aspect also. There are records of women raped.\,
beaten, abduct, and given humiliating treatment. Women have been
subjected to socioeconomic and culture deprivations for such a long time
that there is a general indifference and lack of awareness of crimes against
them. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500
molestation cases are the violent crimes reported in India in 2006 against
women. At least one out of three women has been beaten, forced into sex, or
19

abused during her lifetime, according to a study based on 50 surveys from

around the world. On most occasions, the abuser was a member of the
womans family or someone known to her.
One woman in four has been abused during pregnancy.
More than 60 million women worldwide are considered missing as a
result of sex-selective abortions and female infanticide, according to
an estimate by Nobel Laureate Amartya Sen.
The World Health Organisation has reported that up to 70% of female
murder victims are killed by their male partners.;
1 crime committed against women every three minutes;
1 molestation case every 15 minutes;
1 sexual harassment case every 53 minutes;
1 kidnapping and abduction case every 23 minutes;
1 rape case every 29 minutes;
Four out of 10 women in India have experienced violence in the home;
45% of women have suffered at least one incident of physical or
psychological violence in their life;

20

 26% have experienced at least one moderate form of physical

violence;
More than 50% of pregnant women have experienced severe violent
physical injuries.
According to the NCRB, approximately 6,000 women are killed in
India every year because of dowry. Unofficial estimates are as high as
15,000 deaths a year. In other words, between 16 and 40 women die
every day because of dowry.

Mathura rape Case

The infamous rape case of Mathura in the late-1970s was one of the main
catalysts for the Indian womens movement campaigns to amend the law on
rape. Mathura was a 16-year-old tribal girl from Maharashtra who was raped
by a policeman within a police station. When the case went to the lower
court, the accused police constable was acquitted on grounds that since
Mathura had eloped with her boyfriend she was used to sexual intercourse
and hence could not be raped. The court further held that Mathura had
consented to sexual intercourse with the policeman because she was of loose
moral character. On appeal, the high court convicted the policeman and held
that mere passive submission or helpless surrender by threats or fear could
not be equated with consent. The Supreme Court acquitted the policeman

21

again. It held that since Mathura had not raised any alarm and there were no
visible marks of injury on her body she had indeed consented to having sex.
Womens groups and human rights groups all across India rose in
unison to criticize this arbitrary judgment of the Supreme Court, and a
sustained campaign for law reform resulted in custodial rape being
added to the law on rape in the IPC, and the burden of proof being
shifted to the accused in cases of custodial rape occurring within
institutions like jails, remand homes, nari niketans, etc.
These are following the causes of crime against women:
1. Social causes:
1. Broken Homes
2. Psychological environment
2. Orthodox thought:
1. Personal causes
2. Unemployment
3. Poverty
4. Addiction
5. Lack of proper moral education

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CONCLUSION

In the present work we have tried to put forth before the criminal justice
system of India that Indian women are now no safe and always a kind of
threat feelings generated among the women that in the present scenario they
can be easily victimized from any nook and corner of the society. Only
legislation and law enforcement agencies cannot prevent the incident of
crime against women. There is need of social awakening and change in the
attitude of masses, so that due respect and equal status is given to women.
Its a time when the women need to be given her due. This awakening can
be brought by education campaign among youth making them aware of
existing social evils and the means to eradicate same.

Reference:
Indian Penal Code (N.V Pranjape)
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www.Indiankanoon.com
www.Scribd.com
Constitution of India (J.N Pandey)

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