Odisha Review ISSN 0970-8669
Legal Provisions in IPC and CrPC for Women
Prof. H.B.Das
Constitutional provisions :- Before going into the the Domestic Violence Act, 2005 has not been
legal provisions specifically meant for women and able to respond to growing menace of crimes
to punish the offenders for crimes committed on committed on women because the punishment is
women, it is necessary to look into the not exemplary so as to create its impact in the
constitutional provisions for women, reason being society.
constitution is the supreme law of land and all
other laws are the derivatives form the constitution. In this context it is necessary to highlight the
It is worthy to mention here that the constitution various amendments made in the criminal law like
and law of the land gives adequate protection and IPC, CrPC, Evidence Act and other legislations
safe guard the interest of women but it is due to to combat crime against women in the wake of
utter callousness, apathy and indolence of the Nirvaya case at Delhi. The Supreme Court took
society that a woman is figured as a weaker sex up the issue and gave direction to the government
which is an artificial creation, not an edict of God. to establish number of fast track courts in the
It is gratifying to note that Article, 14, (equality country to try sexual offences committed on
before law and equal protection to the laws), women and deliver speedy justice. After Nirvaya
Articles- 15(3), 16, 19, 23 and 39 (Directive case, a committee was constituted under the
principles of state policy for equal pay for equal former CJI Justice J. S. Varma on whose
work both for men and women) and Article 39 recommendations amendments in the various
(A) legal aid for women at state cost provided in provisions of penal laws were made including
the constitution has made elaborate arrangements punishment for crime against women by way of
to uplift the life and condition of women. This was amending provisions in IPC and the punishment
also the pious intention of the founding fathers of was made stringent. In gang rape cases and rape
the constitution. In spite of such constitutional committed by person in authority and rape
guarantee and special laws enacted to give committed subsequent to conviction on rape
protection and ameliorate the status of women, charge, the penal law was amended which may
not much has been done so far to bring them at end in life sentence and award of death sentence
par with men folk. It is distressing to note that to the offender. That apart, the punishment for
there has been growing incidence of domestic trafficking on women and girls which offends
violence by the in-laws and husband of married Article 23 of the Constitution is also made
women and dowry demand, torture and sexual punishable under Immoral Traffic
harassment of women. Protection of women from (Prevention) Act.
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Provisions in IPC with deterrent punishment for sexual offences against women
Provisions of IPC
Section 313 - Causing miscarriage without women's consent
Section 314 - Death caused by act done with intent to cause miscarriage.
Section 304B - Causing Dowry death
Section 306 - Abetment to commit suicide by women.
Section 354 - Assault or criminal force to women with intent to outrage her modesty.
Section 354 A - Sexual harassment and punishment for sexual harassment/
Section 354 B - Assault or use of criminal force to women with intent to disrobe her.
Section 354 C - Capturing the image of a women engaged in a private act and watching her.
Section 354 D - Following a women and coming in contact with her and touching her and other
amorous advances against her disinterest.
Section 366 - Kidnapping, abducting or inducing women to compel her marriage, etc.
Section 372 - Selling minor for purposes of prostitution, etc.
Section 373 - Buying minor for purposes of prostitution, etc.
Section 376A - Punishment for causing death of rape victim or resulting in persistent vegetative state of
victim may end in death sentence.
Section 376 C - Sexual intercourse by a person in authority and punishment may end in life sentence.
Section 376D - Gang rape and punishment may end in life sentence.
Section 376E - Punishment for repeated offenders which may end in death sentence.
Section 498A - Husband or relative of husband of women subjecting her to cruelty.
Section 509 - Word, gesture or act intended to insult the modesty of a woman.
Section 326A - Voluntarily causing grievous hurt by use of acid, etc.
Amendments in Evidence Act about the abetment of suicide by married woman
It is striking to note that even in the Indian if she was subjected to cruelty and harassment
Evidence Act, a provision has been made under prior to her death, within 7 years of marriage.
section 114 (B) to draw presumption by the court Therefore, strict implementation of the laws are
(the Court shall presume) regarding dowry death not only necessary by the law enforcing machinery
and mental and physical cruelty shown to women but social consciousness against such offences is
by her In-laws. Similarly section 113 (A) was absolutely necessary which would go a long way
added in Evidence Act that the court shall presume to arrest this trend to a great extent. In rape cases
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the character, past sex life of the victim lady is not Recently the Supreme Court also has expressed
relevant during trial after amendment of the law. its concern regarding brutal and degrading "eve-
Ammendments made in Code of Criminal teasing" and molestation of women with frequency
Procedure(CrPC) in crowded places and public transport. Often
the victim is blamed for the incident and expected
In relation to commission of sexual crimes on to keep it to herself. In many cases, concerned
women as amended in IPC provisions, the authorities do not assist the women in reporting
information under section 154 of Cr p.c. (FIR) such crimes. The Supreme Court has asked to
regarding the offence shall be recorded by a tackle women's molestation on three different
women police officer. Similarly the statement of levels. Specially, it has directed that states and
women regarding commission of the offences like Union territories to post women police officers in
outraging her modesty and making her naked etc plainclothes across public spaces, from train
are to be recorded under section 161 of CrPC
stations to malls, and set up CCTV cameras in
by a women police officer. According to section
such locations too. Secondly, emphasizing
309 of CrPC now in relation to rape cases, the
communication, the Supreme Court wants special
enquiry or trial should be completed within two
help-lines to be instituted enabling women to
months from the date of charge sheet. Section
report such crimes and finally, it has broadened
357 of CrPC mandates that the victims of sexual
the ambit of responsibility from the victim alone,
offences are to be treated at all public and private
hospitals who shall immediately inform the police demanding that drivers or other employees in
about such incident. public transport help a molested woman report
the crime - or face their permit being cancelled.
Rape, molestation and eve-teasing :- Needless All these measures are crucial in underlining the
to say that rape, molestation and eve-teasing of fact that molestation is an extremely serious crime
women is alarmingly growing in different parts of towards which there must be no public apathy or
the country. In Delhi women don't feel safe to tolerance.
move in the city and there is public indignation for
this growing incidence of crime against women. A bench of Supreme Court lamented that
The recent development of number of sexual Tamil Nadu was the only state to have enacted a
violence committed against women in the National law against eve-teasing but found it to be
Capital, would give a glaring picture as to how in "toothless". "We notice there is no uniform law in
20th century, in the new millennium, women are this country to curb eve-teasing effectively in or
subjected to cruelty, torture, molestation and within educational institutions, places of worship,
sexual harassment in public places in broad-day- bus stands, metro stations, railway stations,
light although we boast of that India is world's cinema, theatres, parks, sea-beaches, places of
largest democracy where rule of law reigns festival, public service vehicles or any other similar
supreme. It is unfortunate that there were large places", the bench said.
scale incidence of molestation and eve-teasing Honour Killing is a blatant violation of
particularly of working women and girl students Human Rights of Women
in Delhi in public places for which Delhi, has been
described as "crime capital of India" by MPs Regarding honour killings, both the girl and boy
across the party line on the floor of parliament who are married against the wishes of their
sometimes back which was "fast becoming a living parents, community and cast members are killed
hell" for women. brutally and particularly the girls are the greatest
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casualty by the decision of Khap Panchayat of action group. It would be appropriate to mention
the concerned area in Rajasthan, Haryana. This that Article-142 of our constitution says in clear
persist in-spite of the Supreme Court's anxiety terms that "the Supreme Court in the exercise of
and because police and state agencies fail to take its jurisdiction may pass such decree or make such
them seriously. On 25.11.2012, UN Secretary- order as is necessary for doing complete justice
General addressed to member countries to in any cause or matter pending before it, and any
implement the law effectively for elimination of decree so passed or order so made shall be
violence and discrimination against women and enforceable throughout the territory of India". The
girls across the globe which is a step forward for causative factors for crimes committed on women
protection of human rights and gender justice and are due to illiteracy, poverty, ignorance and lack
to observe the day. In this context, it is gratifying of legal awareness amongst women which are the
to note that in Afghanistan, after Taliban regime primary cause for growing incidence of sexual
came to power in nineties, women's right and offences against them. Therefore, social
gender justice was unheard of but now slowly consciousness, mass mobilization for gender
the voice for feminism and women's right is gaining justice is necessary so that women will be
momentum. Therefore, besides India, in the global sensitized to protect their own rights and can fight
context, women empowerment, and gender against exploitation and injustice.
justice and their legal rights to be heard, to Social welfare legislations against dowry,
participate and their right of development, has domestic violence and female foeticide.
been recognized which has opened a new vista
It is significant to mention that bride burning and
for a new world order based on the principles of
torture of newly married women by their husbands
equality, both man and women alike.
and in-laws is a growing social menace which
Sexual harassment of women at needs to be dealt with firmly which are serious
workplace :- Regarding sexual harassment of criminal offences besides gross violation of human
women at work places, the Supreme Court in rights. In spite of the fact that there is social welfare
the case of Vishaka vs. State of Rajasthan legislations like Dowry Prohibition .Act, 1961 and
(AIR,1997, 3011), issued guidelines and there are stringent penal provisions like section
directives till legislation is made on the subject by 304 (B) for causing dowry death and section 498
Parliament to curb such offences, but these have (A) of IPC for showing cruelty by husband or
not been implemented so far in letter and spirit by relatives of husband of a married women, so as
Govt. and non-Governmental Organisations. It is to punish the offenders on the charge of dowry
necessary to mention that to check sexual death and subjecting a married women to cruelty
harassment of women; at work place a full- scale and torture, both mental and physical, it is felt
legislation on the subject has been made viz. The that in absence of proper prosecution during trial
Sexual Harassment of Women at Work Place and some times for want of deterrent punishment
(Prevention, Prohibition and Redressal) Act, by the court, crime against women continues.
2013. Therefore it is desirable that all authorities, Particularly even if there is a special legislation
Govt. or Private Organisations are duty-bound like protection of women from Domestic violence
to enquire into such allegations according to the Act, 2005 which has since come into force, to
direction of the Supreme Court and Legislation curb the violence against women within the
in this regard, when complaint is made by a women precinct of family it is unfortunate that such
employee or women's organisation or any social offences continue unabated in the society. This is
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certainly due to lack of vigilant public opinion, and privileges or to deprive them to even being
social consciousness, lack of pressure of the civil born or killing them in infancy is not only immoral
society and finally want of exemplary punishment but it is a sin, a violation of God's edict or
on the offenders by the court. command. Another disquieting feature is that, in
Women are governed under the constitution & spite of legislation like The Pre Conception and
therefore entitled to "equality, freedom and Pre Natal Diagnostic Techniques (Prohibition of
justice". Laws do exist but social practices Sex Selection) Act, 1994 ( in short PCPNDT
attacking the dignity of women also persist down Act) against sex determination test and female
the ages. There are serious problems of domestic feticide/ infanticide, it continues unabated for
violence when woman day after day is beaten, which society should be concerned for those
traumatized, harassed & attacked by her own unfortunate missing girl child and show its anxiety
men. The problem of battered women remains a for protecting particularly the rights of the Girl
hidden crime in the society because most of such Child which is based on United Nations
cases go unreported, as the crime is committed Convention on the rights of the child.
within the four walls of home. The victims often Various legal safeguards to protect the rights
for fear of social stigma & in many cases having of women
any option keep quiet. Domestic violence doesn't
The various case laws of the Apex court in the
limit to wife battering only, it includes torture for
field of Women Empowerment, their definite
dowry, sexual perversion, marital rape etc. It is
lawful share in the property of father / husband
also in other forms which may range from minor
under Hindu Succession (Amendment Act), 2005,
burning to fractures, throwing acid on women to
regarding return of 'Streedhan' in the case of
disfigure them and even kill them out of anger and
divorce and judicial separation under Hindu Law
frustration.
and Hindu marriage Act,1956 and provision of
Female Foeticide Equal Remuneration Act for financial security of
It is unfortunate that female foeticide is women, all taken together, would go a long way
perhaps one of the worst forms of violence against for the protection of the legal rights and status of
women where a woman is denied her most basic the women. That apart, grant of maintenance under
and fundamental right i.e. "the right to life". The section 125 of CrPC and alimony during
phenomenon of female foeticide in India is not pendency of the matrimonial case in favour of wife
new, where female embryos or foetuses were for her sustenance both under Hindu Marriage
selectively eliminated after pre-natal sex Act 1995 and family court Act and cases of lawful
determination, thus eliminating girl children even guardianship in favour of wife decided in the case
before they are born. As a result of selective of Elizabath Dinshaw vs. Arvind Dinshaw
abortion between 35 and 40 million girls and (AIR,1987, 3) as custody of child is of paramount
women are missing from the Indian population. consideration as held by Supreme Court under
In some parts of the country, the sex ratio of girls Hindu Minority and Guardianship Act, 1956.
to boys has dropped to less than 800:1000. The Similarly settlement of matrimonial disputes under
United Nations has expressed serious concern Family court Act, 1984 through ADR method viz
about the situation. With the advancement of by way of compromise, mediation, conciliation,
medical technology, sophisticated techniques are rapprochement and the recent directive of the
now rather misused to get rid of girl child before Supreme Court for compulsory registration of
birth. To deprive women arbitrarily of these rights marriages, are all path- breaking steps in this
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direction for insuring the rights and protection of human rights of women :-It will not be out of place
women. to make a mention that the rights of women along
It is significant to make a mention that in with men have been recognised in major human
recent years, in the areas of criminal justice delivery rights instruments since the establishment of the
system, Priyadarshini Mattoo, Jessica Lal, Naina United Nations Organisation. In fact, the UN
Sahani murder cases which were gruesome crimes Charter itself reaffirms its faith in fundamental
against women which took place in Delhi area human rights… in equal rights of men and women.
had engaged public attention. In those cases, it is Human rights of women have been defined as
heartening to note that due to the intervention of "collective rights for a woman to be seen and
Delhi High Court and Apex Court of the country, accepted as a person with the capacity to decide
the offenders, were brought to justice and were or act on her own behalf and to have equal access
ultimately adequately punished. These are living to resources and equitable social, economic and
examples of judicial activism and the proactive political support to develop her full potential,
role of Judiciary in the areas of protection of legal exercise her right as a full human being and to
rights of women. support the development of others. If we analyse
this definition, we can understand that every right
In spite of so many beneficial legislations that helps a woman to become full-fledged human
to safe guard legal rights women against abuse at being is her human right".
home and harassment at work place, in absence
of proper enforcement / implementation of laws,
created specifically to protect women, the The object of uplifting the status of the
offences like dowry demands or domestic violence women in the society can be achieved only by
has not been minimised. Therefore, the Domestic enhancing public consciousness and by building
violence Act, 2005, Equal remuneration Act, a national consensus on the rights and
Immoral Traffic (Prevention) Act,1956, Sati development of girl child at the threshold.
Prevention Act, and Dowry Prohibition Act,1961, Therefore Political will and social support is
Prohibition of Indecent Representation of Women absolutely necessary for the empowerment of
Act,1986 and new provisions made in the I.P.C. women on all fronts so as to claim her rightful
and Evidence Act which are wholesome laws, place in society in the New Millennium.
have to be applied both in letter and spirit, by the
law enforcing authorities of the state so that the
legal and constitution rights of women would be
protected effectively. Prof. H.B.Das, Formerly Prof. of Law, LBS National
Lastly United Nations Charter and other Academy of Administration, Govt. of India, Mussoorie
international instruments also protect and vindicate & Special Judge, C.B.I., Odisha
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