SEXUAL
OFFENCES
Roll no 174,175,176,177,178
COMPETENCIES
3.13.6: Explain the meaning of 'custodial rape' and punishment for it.
3.13.7: Explain the meaning of 'gang rape' and punishment for it.
3.13.8: Understand the salient features of section 354, 354-A, 354-B, 354-C
and 354-D IPC.
3.13.9: Describe the salient features of Protection of Children from Sexual
Offences Act (POCSO), 2012.
DEFINITION OF RAPE
Rape is an unlawful sexual intercourse by a man with a woman and is defined
under Sec. 375 IPC.
A man is said to commit ‘rape’ if he himself or makes a woman to do so with him
or any other person the following:
a. penetrates his penis into the vagina, mouth, urethra or anus; or
b. inserts any object or any part of his body (not being his penis), or applies his
mouth into the vagina, mouth, urethra or anus; or
c. manipulates any part of her body to cause penetration into the vagina, urethra
or anus, under the following circumstances:
i. Against her will
ii. Without her consent
iii. With her consent, when:
It has been obtained by putting her or any person in whom she is interested, in fear of
death or hurt.
The man knows that he is not her husband, but she consents believing him as the man
to whom she is lawfully married (impersonation)
At the time of giving such consent by reason of unsoundness of mind or intoxication or
the administration by him or through another of any stupefying substance, she is unable
to understand the nature of consequences of that to which she gives consent.
iv. With or without her consent, when she is under 18 years of age–statutory rape
v. When she is unable to communicate consent.
Exception
i. Medical intervention or procedure will not constitute rape.
ii. Sexual intercourse by a man with his wife not being under 15 years of age is not rape
WHAT CONSTITUTES RAPE?
The slightest penetration of penis within the vulva (passage of glans
between the labia) with or without emission of semen or rupture of hymen
constitutes rape.
There need not be intercourse and the act may not be completed. Rape can
be committed even when there is inability to produce an erection or
ejaculation.
Rape can occur without causing any injury, and hence, negative evidence
does not exclude rape.
The doctor should mention only the negative facts, but should not give his
opinion that rape has not been
CUSTODIAL RAPE
Custodial rape: Rape of a woman by persons who are in position of
authority, e.g., police officers, jail warden or hospifal staff and who abuse
their position to commit the offense, when the woman is under their
custody/care.
Punishment for Custodial Rape
Sec. 376(2)IPC-Punishment is rigorous imprisonment for more than or equal
to 10 years to life imprisonment and fine
GANG RAPE (PACK RAPE)
Definition: When more than one person constituting a group or acting in furtherance of
a common intention rapes a woman, each one is deemed to have committed rape.
Punishment for Gang Rape
Sec 376-D IPC: In case of gang rape, punishment is rigorous imprisonment for ≥ 20
years which may extend to remainder of the person’s natural life along with fine
paid to the victim (for medical person's and rehabilitation).
New clause in BNS (Bharatiya Nyaya Sanhita)2023 :Punishment of a woman <18
years imprisonment of life which shall mean imprisonment for the remainder of that
person’s natural life and with fine or with death
Sec 376-DA IPC: Gang rape of a girl <16years punishment is imprisonment for life
and fine
Sec 376-DB IPC: Gang rape of a girl <12years punishment is imprisonment for life
and fine or death but now punishment up to death is for gang rape of a woman <18
years
All the offences are cognizable and non-bailable
except under Sec 376-B which is cognizable but bailable (only on the complaint of
the victim)
SECTION 354
Assault or Criminal Force to Woman with Intent to Outrage Her Modesty
Applies to overall assault with intent to outrage a woman's modesty.
Punishment: 1 year – 5 years imprisonment + fine.
The presence of consent is the deciding factor for the offence.
Definition of 'woman': A female human being of all ages.
Absence of resistance does not mean Section 354 is not applicable.
SECTION 354 A
SEXUAL HARASSMENT:
Physical contact and advances involving sexual overtures
A demand or request for sexual favors
Making sexually colored remarks
Forcibly showing pornography
Any other unwelcome physical, verbal or nonverbal conduct of
sexual nature
For offences of 1 & 2 imprisonment up to 5 years, or with fine or
both.
For 3, 4 and 5 imprisonment of one year or with fine or with both.
SECTION 354 B
.
DISROBING:
Assault or use of criminal force to a woman with intent to
disrobe in public and even in private if force is used.
Imprisonment of not less than 3 years, may extend to 7
years and fine
SECTION
354 C
VOYEURISM:
Voyeurism is the act of gaining sexual pleasure from watching others
who are naked, undressing, or engaging in sexual activity, usually
without their consent or knowledge.
Imprisonment of not less than one year, may extend to 3 years
and fine;
for second and subsequent offences imprisonment of 3 to 7
years.
SECTION 354
D
STALKING:
Whoever follows a person and contacts or attempts to contact such
person to foster personal interaction repeatedly, despite a clear
indication of disinterest by such person,
or whoever monitors the use by a person of the internet, e-mail or any
other form of electronic communication,
or watches or spies on a person in a manner that results in a fear of
violence or serious alarm or distress in the mind or such person, or
interferes with the mental peace of such person, commits the offence
of stalking.
Imprisonment of not less than one year, may extend to 5 years
and fine
Introduction to POCSO Act,
2012
Enacted on 14th November 2012.
Comprehensive law to address sexual abuse and exploitation
of children.
Protects individuals below 18 years.
Gender-neutral law.
Covers sexual assault, harassment, and pornography.
Key Features of POCSO
Act
Child-friendly procedures (Special courts, evidence
recording).
Mandatory reporting by any aware person.
Stringent punishments (life imprisonment for severe cases).
Covers penetrative and non-penetrative assault,
harassment, pornography.
Ensures the identity of child victims is protected.
Types of Offenses
Covered
Here are 3 broad categories of sexual offences punishable
under POCSO:
Sexual assault
Sexual harassment
Using a child for pornography.
SEXUAL ASSAULT
Touching the private parts of a child with sexual intent is sexual assault.
If a person with sexual intent makes a child touch the private parts of
another person, this is also sexual assault.
Under POCSO, child means any person below the age of 18 years. Even
babies have been subjected to severe sexual assault
Sexual assault does not involve penetration. Penetration is where an object
or a part of a body is inserted into the child. Penetration is an even more
serious offence and has been dealt with separately under POCSO.
Any act done with sexual intent on a child involving physical contact is also
sexual assault
The punishment for committing sexual assault on a child is minimum 3
years imprisonment, which can extend to 5 years imprisonment, as well as
payment of fine.
PENETRATIVE SEXUAL
ASSAULT ON A CHILD
Penetrative sexual assault is a more serious offence than sexual assault. It involves any
person:
Penetrating his penis to any extent into the vagina, mouth, anus or urethra of a child. Or
makes the child do so with him or any other person.
OR [The urethra is a tube that connects the urinary bladder for the removal of urine from
the body. In males, the urethra travels through the penis. In females, the urethra connects
to the vagina].
Penetrating any object or any part of the body into the vagina, mouth, anus or urethra of a
child. Or makes the child do so with him or any other person. OR
Applying one's mouth into the vagina, mouth, anus or urethra of a child. Or makes the
child do so with him or any other person.
The punishment for committing penetrative sexual assault on a child is minimum 7 years
imprisonment, which can extend to life imprisonment, as well as payment of fine.
AGGRAVATED SEXUAL ASSAULT OR
PENETRATIVE SEXUAL ASSAULT
Where the offence of sexual assault is committed by any of the persons or in any of
the circumstances listed below, it becomes a case of aggravated sexual assault.
In the following cases, the offence of sexual assault or penetrative sexual assault
BECOMES AGGRAVATED:
The offence is committed by a police officer.
The offence is committed by a member of the armed forces or security forces
Punishment for committing AGGRAVATED SEXUAL ASSAULT on a child is minimum 5
years imprisonment, which can extend to 7 years imprisonment, as well as payment
of fine.
The punishment for committing AGGRAVATED PENETRATIVE SEXUAL ASSAULT on a
child is minimum 10 years of rigorous imprisonment, which can extend to life
imprisonment, as well as payment of fine.
SEXUAL HARASSMENT
A person is said to commit sexual harassment upon a child when such person with sexual
intent:
Utters any word or makes any sound so as to be heard by the child
Makes any gesture, or exhibits any object or part of body so as to be seen by the child
Makes the child exhibit his or her body
Shows anything to the child for pornographic purposes
Repeatedly or constantly follows or watches or contacts the child either directly or through
electronic or other media
Threatens to use in any media a real or fake depiction of any part of the body of the child, or
the involvement of the child in a sexual act
Entices the child for pornographic purposes
The punishment for sexual harassment of a child is imprisonment for up to 3 years, as well
as payment of fine
USING CHILD FOR
PORNOGRAPHY
Using a child in any form of media (eg. television channels, internet, etc) for the
purposes of sensual gratification amounts to the offence of using a child for
pornography.
Sexual gratification includes:
Showing the sexual organs of a child
Using a child in real or simulated sexual acts with or without penetrative sexual
assault
Showing a child in an indecent or obscene way
It does not matter whether this is done for personal use or for public consumption
The punishment for using a child for pornography is impericament for up to 5 vears,
as well as payment of fine if the offence is repested the term of inpartsanment can
be increased to 7 years
Special Provisions for
Child Victims
Special Courts for speedy trials.
Child Welfare Committee (CWC) for victim support.
Confidentiality: Identity of child protected.
Compensation for physical and emotional trauma.
Support persons assist victims during legal procedures.
Role of Stakeholders
Police: Filing FIRs, investigation.
Judiciary: Ensures trials are child-friendly and swift.
Medical Professionals: Conduct examinations, provide
reports.
NGOs & Social Workers: Offer counseling,
rehabilitation.
Schools & Parents: Key role in awareness and
prevention.
