VIOLENCE AGAINST

WOMEN IN INDIA AND

RELATED LAWS
Violence (International Perspective)
…ICRW-UNFPA report 2004
• Violence against women (VAW) si globaly pervasive. it exists in every country,
cutting across boundaries of culture, class, caste, education, income, ethnicity and
age. However, the worst manifestations are in South Asia, which is known as the
most gender insensitive region in the world (Mahbub ulHag, 201). The current
political, social and economic status of women in South Asia generates deep
concerns and challenges:
• This region has one of the highest incidences of violence against women in the world
• 44 percent of the world's illiterate women are South Asian
• Womens’ life expectancy is less favourable compared to that of men
• There are an estimated 97 million "missing girls and women" in South Asia who
would have been alive if the sex ratio followed the global norm (Mahbub ul Haq, 201)
• An increasing number of South Asian girls era being sold into sexual bondage across
the national borders and most often their own families are responsible for it (Frederick
198)
Definition of Violence
• The term "violence against women" refers to many types of harmful behavior
directed at women and girls because of their sex. One of the most widely
accepted definitions of violence against women has been framed by the United
Nations.
• Article 1 of the declaration on the elimination for violence against women
defines it as " Any act of gender based violence that results in , or is likely to
result in , physical , sexual or psychological harm or sufferings to women,
including threats of such acts, coercion or arbitrary deprivations in liberty,
whether occurring in public or private life”.
• Article 2 of the UN Declaration clarifies and lists some forms of violence as,
“Violence against women should , encompass but not be limited to ,acts of
physical, sexual, and psychological violence in the family and the community.
These acts include spousal battering, sexual abuse of female children, dowry
related violence, rape including marital rape, and traditional practices harmful
to women such as female genital mutilation. They also include non-spousal
violence, sexual harassment and intimidation at work and in educational
instiutions, trafficking of women, forced prostitution, andviolence perpetrated
orcondoned by the state,such as rape in war".
Categorisation of Crime
• For a long time, the official records did not even present a different category for
such crimes. All crimes of rape, murder, kidnapping targeting women were
clubbed within the general categories. Public pressure and growing media
reports about such crimes finally led to the realisation that these crimes be
reported separately. Accordingly, the National Crime Record Bureau [NCRB] has
created a specific chapter titled “Crimes against Women” that is now presented
in the annual Crime in India publication (NCRB, 2015). Now, the NCRB is broadly
classifying these under two categories:
• Offences under the Indian Penal Code [IPC]
1. Rape (Sec. 376 IPC)
2.Attempt to commit rape (Sec 376/511 IPC)
3.Kidnapping & abduction of women (Section 363,364,364A, 366 IPC)
(1) K&A under section 363 IPC*
(2) K&A in order to murder*
(3) K&A for ransom* (4) K&A of women to compel her for marriage*
(5) K&A for other purposes*
Cont..
Dowry deaths (Section 304B IPC)
4.

5.Assault on woman with intent to outrage her modesty (Sec. 354 IPC)
• Sexual harassment (Sec.354A IPC)*
• Assault on woman with intent to outrage her modesty (Sec. 354C IPC)*
• Voyeurism (Sec. 354D IPC)*
Others*

6.Insult to the modesty of women (Sec. 509 IPC)

• at office premises*
at places related to work*
in public transport*
in other places*

7.Cruelty by husband or his relatives (Sec. 498A IPC)

8.Importation of girl from foreign country (up to 21 years of age) (Sec. 366 B IPC)
9.Abetment of suicide of women (Sec. 306 IPC)*
Cont…
• Offences registered under the Special and Local Laws [S&LL]
• (i) The Dowry Prohibition Act, 1961
(ii) The Indecent Representation of Women (Prohibition) Act, 1986
• (iii) The Commission of Sati Prevention Act, 1987
(iv) The Protection of women from domestic Violence Act, 2005
• (v) The Immoral Traffic (Prevention) Act, 1956
• Thus, the number of crime heads under crimes against women has increased
from 11 in previous editions of “Crime in India” to 14 (as stated above) from
2014 onwards. The distribution of crimes across the country varies with some
regions persistently showing higher rates than other regions.
• “Crime in India 2022” (Annual Report of NCRB)----With a staggering 4,45,256
cases registered in 2022 alone, equivalent to nearly 51 FIRs every hour/ The
rate of crimes against women per lakh population stood at 66.4 / The majority
of crimes against women under the Indian Penal Code were of cruelty by
husband or his relatives (31.4 per cent) followed by kidnapping and abduction
of women (19.2 per cent), assault on women with intent to outrage her
modesty (18.7 per cent), and rape (7.1 per cent)/
Cont..
• With 14,247 cases in 2022, Delhi registered the highest rate of crimes against
women in the country at 144.4—way above the country’s average rate of
66.4. Such cases in the national capital stood at 14,277 in 2021 and 10,093 in
2020, the official data showed.
• In absolute numbers, Uttar Pradesh (65,743) registered the maximum FIRs in
cases of crimes against women in 2022, followed by Maharashtra (45,331),
Rajasthan (45,058), West Bengal (34,738), and Madhya Pradesh (32,765).
These five states together contributed to 2,23,635 (or 50.2 per cent) of the
total cases lodged in India last year, according to the NCRB.
Exploring every category
Section 375 - Definition of Rape:
• Section 375 of the IPC defines rape. A man is said to commit rape if he:
• Has sexual intercourse with a woman against her will/without her
consent.
• Has sexual intercourse with a woman by coercion or by putting her in
fear of death or harm.
• Has sexual intercourse with a woman when she is intoxicated or under
the influence of drugs or unable to understand the nature of the act/
woman of unsound mind
• Has sexual intercourse with a man who is under the age of 16,
regardless of whether she gives her consent (statutory rape).
• The explanation to this section clarifies that penetration is sufficient to
constitute the sexual intercourse necessary for the offense of rape.
Rape(376)
• Section 376 - Punishment for Rape:
• Section 376 of the IPC provides for the punishment for rape. The section has been amended several times to ensure
stricter penalties. The provisions under Section 376 are as follows:
1. Section 376(1) - Rape of a Woman (General Provision):
1. Punishment: Imprisonment for a term not less than 10 years, which may extend to life imprisonment, and fine.
2. Section 376(2) - Aggravated Rape: This section lists circumstances under which the crime is considered aggravated
and attracts harsher punishment:
1. Rape by a police officer, public servant, armed personnel, or staff of a jail or remand home.
2. Rape of a woman who is pregnant.
3. Rape of a woman under 16 years of age.
4. Gang rape (Section 376D).
5. Rape resulting in the woman being rendered in a vegetative state.

Punishment: Rigorous imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with
fine.
3. Section 376(3) - Rape of a Minor (under 16 years of age):
1. Punishment: Rigorous imprisonment for a term not less than 20 years, which may extend to imprisonment for life (meaning the
remainder of the convict's natural life), and fine.
4. Section 376A - Death Resulting from Rape or Rape Leading to Persistent Vegetative State: If the victim dies or
is left in a persistent vegetative state as a result of the rape, the punishment may extend to death or rigorous
imprisonment for a term not less than 20 years, which may extend to life imprisonment.
5. Section 376AB - Rape of a Woman Below 12 Years of Age:
1. Punishment: Imprisonment for not less than 20 years, for life or death penalty, and fine.
• Other Important Provisions:
1. Section 376B - Sexual Intercourse by Husband During Separation: If a husband has sexual intercourse with his wife without
her consent while they are living separately under a decree of separation, he can be punished with imprisonment up to 7 years and
fine.
2. Section 376C - Abuse of Power (Sexual Intercourse by Authority Figures): This provision criminalizes sexual intercourse by
any person in a position of authority or trust, such as a manager, jail officer, or staff in an institution, who exploits his position to
have intercourse with a woman under his charge. The punishment can be imprisonment up to 10 years and fine.
3. Section 376D - Gang Rape: When a woman is raped by one or more persons acting in furtherance of a common intention, each
participant is punished with rigorous imprisonment for a term not less than 20 years, which may extend to life, and fine but the fine
must be reasonable and paid to the victim to cover medical expenses and rehabilitation .
• Protection and Assistance for Rape Victims:
• Besides the punishment provisions, there are other legal measures aimed at protecting and assisting victims of rape:
1. Criminal Law (Amendment) Act, 2013 (Nirbhaya Act): After the infamous 2012 Delhi gang rape case, the Criminal Law
(Amendment) Act, 2013, was passed to introduce stricter laws against sexual offenses, including rape. The Act brought several
changes:
1. Increased minimum punishment for rape.
2. Introduced new offenses such as stalking, acid attacks, voyeurism, and disrobing.
3. Provided for mandatory medical treatment for rape victims.
4. Established fast-track courts for speedy trials in rape cases.
2. Medical Examination: Section 164A of the Criminal Procedure Code (CrPC) mandates the medical examination of a rape victim by
a registered medical practitioner. The examination must be conducted with the victim's consent.
3. Compensation to Victims: Under the Victim Compensation Scheme (Section 357A CrPC), states are required to provide
compensation to victims of rape, especially if the victim needs rehabilitation.
4. Non-Disclosure of Identity: Section 228A IPC prohibits the disclosure of the identity of the rape victim to protect her privacy and
dignity.
5. Rape Crisis Centers and Support Systems: The Indian government has initiated the establishment of one-stop centers to
provide legal, medical, and psychological assistance to rape survivors. There are also provisions for free legal aid to rape victims.
Attempt to Commit Rape (Sec 511/376)

• Under Section 511 IPC, the punishment for an attempt

to commit rape would be half of the maximum
punishment provided for the offense of rape under
Section 376 IPC.
• In Koppula Venkat Rao vs State of Andhra Pradesh
(2004) and State of Maharashtra vs. Mohan
Krishna Patil (2004), the Supreme Court held that
even if the offense was not completed, the severity of
the attempt is sufficient to impose a harsh punishment
under the provisions of Section 511 read with Section
376.
Kidnapping and Abduction of Women
• Kidnapping and abduction of women are violent offenses that involve the unlawful taking
away of a woman or a girl, often with the intent to harm, exploit, or force her into certain actions
against her will. These actions infringe upon a woman's personal liberty and security, making
them heinous crimes that the Indian Penal Code (IPC) deals with severely through several
provisions.
• Key IPC Provisions on Kidnapping and Abduction of Women:
• 1. Kidnapping under Section 363 IPC:
• Section 363 IPC deals with kidnapping from lawful guardianship..This section applies
particularly when a minor girl (under 18 years of age) is taken away from the lawful custody of
her parents or guardian without consent. The act of kidnapping under this section is not based on
the consent of the girl but on her being taken away from lawful guardianship.
• Punishment: Imprisonment of up to 7 years and fine.
• 2. Kidnapping or Abduction in Order to Murder (Section 364 IPC):
• Section 364 IPC deals with kidnapping or abducting with the intent to murder-This
section punishes anyone who kidnaps or abducts any person with the intention of causing that
person to be murdered or put in danger of being murdered.
• In cases where a woman is kidnapped or abducted with the intention of murdering her, the
provisions of Section 364 come into play. The violent nature of the crime, coupled with the intent
to cause death, makes this a serious offense.
• Punishment: Imprisonment for life or rigorous imprisonment for a term which may extend to 10
years and fine.
Cont…
• 3. Kidnapping or Abduction for Ransom (Section 364A IPC):
• Section 364A IPC covers kidnapping for ransom.This section applies when a person is kidnapped or
abducted, and the offender makes a demand for ransom or threatens to kill or cause grievous hurt to the
person kidnapped or abducted in case the ransom is not paid.
• In cases where women are kidnapped for extortion or ransom, this section is invoked. The act often
involves physical harm, coercion, and threats to life.
• Punishment: Imprisonment for life or rigourous imprisonment involving upto 10 years, and fine. This is
one of the most severe provisions under kidnapping laws.
• 4. Kidnapping or Abduction of Woman to Compel Her for Marriage (Section 366 IPC):
• Section 366 IPC deals with kidnapping, abducting, or inducing a woman to compel her into
marriage or to force her into illicit intercourse.
• Whoever kidnaps or abducts any woman with the intention of compelling her to marry any person against
her will, or to force or seduce her to illicit intercourse, is punishable under this section. This section directly
addresses cases where women are kidnapped with the intention of forcing them into marriage or sexual
slavery. Such acts not only violate a woman's autonomy but also often involve physical and mental abuse.
• Punishment: Imprisonment of up to 10 years and fine.
• 5. Kidnapping or Abduction for Other Purposes (Section 367 IPC and Related Provisions):
• Section 367 IPC addresses kidnapping or abducting in order to subject a person to grievous
hurt, slavery, or unnatural lust.
• Section 368 IPC involves the wrongful concealment or confinement of a person who has been
kidnapped or abducted.
• Punishment: Imprisonment for up to 10 years and fine (depending on the gravity of the offense).
Dowry Deaths (Section 304 B IPC)
• Section 304B IPC specifically deals with dowry deaths, a grave social and legal issue in India. The
section was added through the Dowry Prohibition (Amendment) Act, 1986, as a response to the
increasing cases of dowry-related violence and deaths. Dowry deaths occur when a woman is
harassed or subjected to cruelty over dowry demands, which ultimately leads to her death under
suspicious circumstances, often in her marital home.
Definition and Key Provisions:
• Section 304B IPC defines dowry death and prescribes punishment for it. The key elements of
Section 304B are as follows:
1. Death of a Woman: The section applies if the death of a woman occurs under unusual or suspicious
circumstances, such as unnatural death (burns, bodily injuries, or suicide).
2. Within 7 Years of Marriage: The death must occur within seven years of marriage. This is a
critical condition as dowry-related harassment is most likely to occur during this period.
3. Cruelty or Harassment Before Death: It must be proven that soon before her death, the woman
was subjected to cruelty or harassment by her husband or his relatives. The cruelty or harassment
should be related to demands for dowry.
4. Demand for Dowry: The term "dowry" here refers to any property or valuable security demanded by
the husband or his family as a condition of marriage or its continuance.
• Punishment:
• If a woman’s death is categorized as a dowry death under Section 304B, the offender (usually the
husband or his relatives) can face imprisonment for a minimum term of 7 years, which may
extend to life imprisonment.
• This stringent punishment reflects the serious nature of the offense and is aimed at curbing the dowry
system and associated violence.
Assault on Women with intent to outrage her Modesty (Sec 354 IPC)

• Section 354 IPC deals with cases where a woman is assaulted or subjected
to criminal force with the intent to outrage her modesty. This section seeks to
protect women from physical and sexual violence that humiliates or violates
their dignity.
• Whoever assaults or uses criminal force against any woman, intending to
outrage her modesty, or knowing that it is likely to outrage her modesty, shall
be punished.
• Key Elements:
• The use of criminal force or assault on a woman.
• Intent or knowledge that the act will outrage the woman’s modesty.
• Punishment: Imprisonment of up to 2 years, or a fine, or both.
• Section 354A IPC specifically addresses sexual harassment of women.
This section was introduced through the Criminal Law (Amendment) Act,
2013 following the Nirbhaya case, to create a legal framework for various
forms of sexual harassment in the workplace and elsewhere.
• Definition: Sexual harassment includes:
• Physical contact and advances involving unwelcome and explicit sexual overtures.
• A demand or request for sexual favors.
• Showing pornography against the will of a woman.
• Making sexually colored remarks.
• Punishment:
• Sexual advances, physical contact, or demand for sexual favors: Imprisonment
of up to 3 years, or fine, or both.
• Sexually colored remarks: Imprisonment of up to 1 year, or fine, or both.
• This provision is important in addressing sexual harassment in both public
spaces and professional settings, empowering women to seek redress against
inappropriate behavior.
• Assault or Criminal Force to Disrobe (Section
354B IPC):
• Section 354B IPC is related to the use of criminal force with the
intent to disrobe a woman. Any man who assaults or uses
criminal force against a woman with the intention of disrobing
her, or compelling her to be naked, is guilty under this section.
• Punishment: Imprisonment of not less than 3 years, which may
extend to 7 years, and a fine.
• This provision was introduced to penalize specific acts where the
dignity of women is grossly violated by attempts to publicly
humiliate or dishonor them.
• Voyeurism (Section 354C IPC):
• Section 354C IPC criminalizes voyeurism, an act of observing or
capturing images of a woman engaging in a private act without her consent.
• Definition:
• Voyeurism refers to a man watching or capturing the image of a woman engaging
in a private act, where she would expect privacy, without her consent.
• A private act includes acts where a woman’s genitals, posterior, or breasts are
exposed or covered only in underwear, or when she is using a lavatory, or is involved
in a sexual act not of a kind ordinarily done in public.
• Punishment:
• For a first conviction: Imprisonment of not less than 1 year, which may extend to
3 years, and a fine.
• For a second or subsequent conviction: Imprisonment of not less than 3 years,
which may extend to 7 years, and a fine.
• Stalking (Section 354D IPC):
• Section 354D IPC addresses stalking, a persistent and
unwanted following or contact of a woman by a man.
• Definition:
• Stalking is when a man follows or contacts a woman repeatedly
despite her clear disinterest or against her wishes.
• It also includes monitoring her internet use, email, or any other
form of electronic communication.
• Punishment:
• First conviction: Imprisonment of up to 3 years and a fine.
• Second or subsequent conviction: Imprisonment of up to 5 years
and a fine.
Insult to the Modesty of Women (509 IPC)
• Section 509 criminalizes any act, word, or gesture that is intended to insult the
modesty of a woman or intrude upon her privacy.
• This includes verbal abuse, lewd remarks, offensive gestures, whistling, or making sounds
meant to humiliate or harass a woman.
• The section also covers acts of intrusion into privacy, such as peeking into a woman’s
personal space or violating her physical boundaries.
• Punishment: Imprisonment of up to 3 years, or a fine, or both.
1.At Office Premises:
1. Sexual Harassment at the Workplace: Section 509 can be invoked when a woman faces
offensive comments, suggestive gestures, or sexual advances from colleagues,
superiors, or others in the workplace.
2. Inappropriate Comments or Behavior: Acts like making sexually charged remarks,
commenting on a woman's appearance in an offensive manner, or using vulgar language can
fall under Section 509.
2. At Places Related to Work:
3. Women may face insulting comments or gestures not just within office premises but also
in spaces related to their work, such as during official meetings, business trips, or client
interactions.
4. Any verbal, non-verbal, or physical acts meant to degrade a woman’s modesty in these
professional settings can lead to prosecution under Section 509.
Cont….
3.In Public Transport:
1. Eve-Teasing: Public transport is one of the most common places where women are
subjected to harassment. Acts such as lewd comments, catcalling, inappropriate
touching, or gesturing can be prosecuted under Section 509.
2. Intrusion of Privacy: Staring or making women uncomfortable by invading their
personal space on public buses, trains, or other forms of transport can also fall under
this provision.
3. The Delhi Metro case (2019), where a man was arrested for making offensive
gestures towards a woman, is an example of how the law is enforced in public
transport.
4.In Other Public Places:
4. Street Harassment (Eve-Teasing): Women are often subjected to verbal abuse or
gestures on streets or in public spaces, like parks, marketplaces, movie theaters, etc.
Actions like whistling, shouting obscene remarks, or making suggestive gestures are
punishable under Section 509.
5. Cyber Harassment: With increasing use of technology, offensive comments or
gestures made on social media or through electronic communication also come
under this section. Any attempt to insult a woman through messages, emails, or social
media platforms with the intent to degrade her dignity can attract punishment.
Cruelty by Husband or his relatives(Sec 498 A IPC)
• Section 498A IPC was introduced in 1983 to address the growing concerns of cruelty faced by married women in
their matrimonial homes, especially in relation to dowry harassment. It is designed to protect women from physical,
mental, and emotional abuse perpetrated by their husbands and in-laws.
• Key Elements of Section 498A IPC:
1. Cruelty:
1. The term cruelty under this section refers to:

• Any willful conduct by the husband or his relatives that is likely to drive the woman to suicide or cause grave
injury to her life, limb, or health (physical or mental).
• Harassment of the woman with a view to coercing her or her relatives to meet any unlawful demand for
property or valuable security, commonly referred to as dowry.
• Physical Cruelty: Any act of physical violence, including beating, slapping, or inflicting injury on the wife.
• Mental Cruelty: Psychological harassment, verbal abuse, threats, humiliation, or emotional abuse aimed at
undermining the woman’s dignity or well-being.
• Dowry-Related Harassment: Persisting or pressurizing the woman or her family to give additional dowry,
either before or after marriage, or threatening her well-being in case the demands are not met.

2. Application of the Law:

1. This section applies to acts of cruelty perpetrated by the husband and/or his relatives. The acts may involve
both physical violence (such as beating or assault) and mental harassment (such as constant taunts,
threats, or emotional blackmail).
2. The harassment is often linked to dowry demands or dissatisfaction with the dowry brought at the time of
marriage.
3. Punishment:
1. The punishment for cruelty under Section 498A is imprisonment for a term which may extend to 3 years,
and the perpetrator may also be liable to pay a fine.

The Ministry of Home Affairs has recommended that the police should not immediately arrest people in matrimonial
disputes. Instead, they should try to settle the dispute through conciliation, mediation, or counseling.
Importation of Girl from Foreign Country (upto 21
years of Age) Sec 366 B IPC
• Importation of Girl from Foreign Country (Section 366B IPC)
• Section 366B of the Indian Penal Code (IPC) criminalizes the importation of a
girl under 21 years of age from a foreign country with the intent that she may be
forced or seduced into illicit sexual relations. This section is primarily aimed at
protecting young girls from being trafficked or imported into India for the purposes of
exploitation, particularly sexual exploitation.
• Key Provisions of Section 366B IPC:
1.Offense:
• The section covers importation of a girl under the age of 21 years from any foreign country
into India.
• The offense is committed when the girl is imported with the intent that she may be:
a)Forced into illicit sexual intercourse, or
b)Seduced to engage in any form of illicit sexual relations.
The section requires intent on the part of the importer that the girl will be forced or seduced into illicit sexual
intercourse. The law recognizes the need to criminalize trafficking for sexual exploitation at its earliest stage—
importation—regardless of whether the act of exploitation has occurred or not.
2.Punishment:
1. The punishment for an offense under Section 366B is imprisonment of up to 10 years and also
liable to fine. The stringent punishment reflects the seriousness of the crime.
Abetment of Suicide of Women (Sec. 306 IPC)
• Section 306 of the Indian Penal Code (IPC) addresses the
offense of abetment of suicide, making it a punishable crime
when someone intentionally encourages or assists another
person to commit suicide. When the victim is a woman, the
abetment often takes place in contexts such as domestic abuse,
dowry harassment, or other forms of emotional and mental
torture.
• The punishment for abetment of suicide under Section 306 IPC is
imprisonment for up to 10 years and also a fine. The
seriousness of the punishment reflects the gravity of the crime,
particularly when the victim is vulnerable due to societal or
domestic pressures.