Women Criminal Law Renaissance Law College Notes

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Class –LL.B. I SEM. Subject – Women & Criminal Law
LL.B. (HONS) PART I SEMESTER I

PAPER-VI WOMEN AND CRIMINAL LAW
UNIT-I Introduction
crimes against women, nature, kinds, international
commitments.
UNIT-II Major Hardships to woman and Indian

laws
Rape, sexual harassment of working women in
workplace, indecent representation of women-
meaning, protection under Indian laws.
UNIT-III Particular and general offences

Dowry death, assault, unnatural offences – National
protections.
UNIT-IV Special offending act

Immoral trafficking, female foeticide, kidnapping
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and abduction – National protections.
UNIT-V Cruelty and violence

Cruelty and domestic violence against women –
National protections.
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UNIT-I INTRODUCTION- CRIMES AGAINST WOMEN- nature, kinds
Violence against women has become a prominent topic of discussion in India in recent years.
Politicians and media have placed great focus on the issue due to continuously increasing trends
during 2008-2012.
According to the National Crime Records Bureau of India, reported incidents of crime against women
increased 6.4% during 2012, and a crime against a woman is committed every three minutes. In
2012, there were a total of 244,270 reported incidents of crime against women, while in 2011, there
were 228,650 reported incidents. Of the women living in India, 7.5% live in West Bengal where
12.7% of the total reported crime against women occurs. Andhra Pradesh is home to 7.3% of India's
female population and accounts for 11.5% of the total reported crimes against women.
65% of Indian men believe women should tolerate violence in order to keep the family together, and
women sometimes deserve to be beaten. In January 2011, the International Men and Gender
Equality Survey (IMAGES) Questionnaire reported that 24% of Indian men had committed sexual
violence at some point during their lives.
NATURE-
*Physical, mental, social, economical, political, etc (with examples)
*On basis of stages of age (at each stage of life)
KINDS-
1. DOWRY DEATH- A dowry deaths is a murder or suicide of a married women caused by a dispute
over her dowry. In some cases, husbands and in-laws will attempt to extort a greater dowry through
continuous harassment and torture which sometimes results in the wife committing suicide.
The majority of these suicides are done through hanging poisoning or self-immolation. When a
dowry death is done by setting the woman on fire, it is called bride burning. Bride burning murder is
often set up to appear to be a suicide or accident. Dowry is illegal in India, but it is still common
practice to give expensive gifts to the groom and his relatives at weddings which are hosted by the
family of the bride.
Women are not always the only primary victims of dowry deaths. In some cases children are also
killed alongside their mothers. In eastern India, on January 30, 2014, for example, a women and her
one-year-old child were burned alive for dowry. 77 minutes. Incidents of dowry deaths have
decreased 4.5% from 2011 to 2012.
Year Reported dowry deaths
2008 8,172
2009 8,383
2010 8,391
2011 8,618
2012 8,233
In Uttar Pradesh, 2,244 cases were reported, accounting for 27.3% of the dowry deaths
nationwide. In, Bihar, 1,275 cases were reported, accounting for 15.5% of cases nationwide.
2 HONOUR KILLINGS
An honour killing is a murder of a family member who has been considered to have brought
dishonor and shame upon the family. Examples of reasons for honor killings include the refusal to
enter an arranged marriage, committing adultery, choosing a partner that the family disapproves of,
and becoming a victim of rape. Honour killings are rooted to tradition and cannot be justified by any
major world religion, because none of the major world religions condone honour-related crimes.
The most prominent areas where honour killings occur in India are northern regions. Honor killings
are especially seen in Punjab, Haryana, Bihar, Uttar Pradesh, Rajasthan, Jharkhand, Himachal
Pradesh, and Madhya Pradesh. Honour killings have notably increased in some Indian states which
has led to the Supreme Court of India, in June 2010, issuing notices to both the Indian central
government and six states to take preventative measures against honour killings.
3 WITCHCRAFT RELATED MURDERS

Murders of women accused of witchcraft still occur in India. Poor women, widows, and women from
lower castes are most at risk of such killings.
4 FEMALE INFANTICIDE
Female infanticide is the elected killing of a newborn female child or the termination of a female
fetus through sex-selective abortion. In India, there is incentive to have a son, because they offer
security to the family in old age and are able to conduct rituals for deceased parents and
ancestors. In contrast, daughters are considered to be a social and economic burden. An example of
this is dowry. The fear of not being able to pay an acceptable dowry and becoming socially
ostracized can lead to female infanticide for poorer.
5 FEMALE FOETICIDE
Female foeticide is the elected abortion of a fetus, because it is female. Female foeticide occurs when
a family has a strong preference for sons over daughters, which is a common cultural theme in India.
Modern medical technology has allowed for the gender of a child to be determined while the child is
still a fetus. Once these modern prenatal diagnostic techniques determine the gender of the fetus,
families then are able to decide if they would like to abort based on gender. If they decide to abort
the fetus after discovering it is female, they are committing female feoticide. The foetal sex

determination and sex-selective abortion by medical professionals is now a R.s 1,000 crore (US$ 244
million) industry.
The Preconception and Prenatal Diagnostic Techniques Act of 1944 (PCPNDT Act 1994) was
modified in 2003 in order to target medical professionals. The Act has proven ineffective due to the
lack of implementation. Sex-selective abortions have totaled approximately 4.2-12.1 million from
1980-2010. There was a greater increase in the number of sex-selective abortions in the 1990s than
the 2000s.Po orer families are responsible for a higher proportion of abortions than wealthier
families. Significantly more abortions occur in rural areas versus urban areas when the first child is
female.
6 Sexual crimes
Rape
The map shows the comparative rate of violence against women in Indian states and union
territories in 2012, based on crimes reported to the police. Crime rate data per 100,000 women in
this map is the broadest definition of crime against women under Indian law. It includes rape, sexual
assault, insult to modesty, kidnapping, abduction, cruelty by intimate partner or relatives,
trafficking, persecution for dowry, dowry deaths, indecency, and all other crimes listed in Indian
Penal Code.
Rape is one of the most common crimes against women in India. Criminal Law (Amendment) Act,
2013 defines rape as penile and non-penile penetration in bodily orifices of a woman by a man,
without the consent of the woman. In India, a woman is raped every 29 minutes. Incidents of
reported rape have increased 3% from 2011 to 2012. Incidents of reported incest rape have
increased 46.8% from 268 cases in 2011 to 392 cases in 2012.
Year Reported rapes
2008 21,467
2009 21,397
2010 22,172
2011 24,206
2012 24,923
Victims of rape are increasingly reporting their rapes and confronting the perpetrators. Although
women are increasing their exposure to sexual harassment by leaving the home more often, they are
becoming more independent. Women are becoming more independent and educated, which is
increasing their likelihood to report their rape.
Although rapes are becoming more frequently reported, many go unreported or have the complaint
files withdrawn due to the perception of family honour being compromised. Women frequently do
not receive justice for their rapes, because police often do not give a fair hearing, and/or medical
evidence is often unrecorded which makes it easy for offenders to get away with their crimes under
the current laws.
Increased attention in the media and awareness among both Indians and the outside world is both
bringing attention to the issue of rape in India and helping empower women to report the crime.
After international news reported the gang rape of a 23-year-old student on a moving bus that
occurred in Delhi, in December 2012, Delhi experienced a significant increase in reported rapes. The
number of reported rapes nearly doubled from 143 reported in January–March 2012 to 359 during
the three months after the rape. After the Delhi rape case, Indian media has committed to report
each and every rape case.

Marital rape
In India, marital rape is not a criminal offense. 20% of Indian men admit to forcing their wives or
partners to have sex.
Marital rape can be classified into one of three types:
 Battering rape: This includes both physical and sexual violence. The majority of marital rape victims
experience battering rape.
 Force-only rape: Husbands use the minimum amount of force necessary to coerce his wife.
 Compulsive/Obsessive rape: Torture and/or "perverse" sexual acts occur and are often physically
violent.
Gang rape
Gang rape is defined as the rape of an individual by two or more perpetrators. The 2012 Delhi gang
rape brought a lot of international attention to the issue of gang rape in India. On 16 December 2012,
in Munirka, New Delhi, a 23-year-old was beaten and gang raped on a private bus. She died 13 days
later. Following the rape, there was widespread national and international coverage of the incident
as well as public protests against the government of India and the government of Delhi.
7 INSULT TO MODESTY
Year Assaults with intent to outrage modesty Insults to the modesty of women
2008 40,413 12,214
2009 38,711 11,009
2010 40,613 9,961
2011 42,968 8,570
2012 45,351 9,173
Modesty related violence against women include assaults on women with intent to outrage her
modesty and insults to the modesty of women. From 2011 to 2012, there was a 5.5% increase in
reported assaults on women with intent to outrage her modesty. Madhya Pradesh had 6,655 cases,
accounting for 14.7% of the national incidents. From 2011 to 2012, there was a 7.0% increase in
reported insults to the modesty of women. Andhra Pradesh had 3,714 cases, accounting for 40.5% of
the national accounts, and Maharashtra had 3,714 cases, accounting for 14.1% of the national
accounts.
8 HUMAN TRAFFICKING AND FORCED PROSTITUTION
Year Imported girls from foreign countries Violations of the Immoral Traffic Act
2008 67 2,659
2009 48 2,474
2010 36 2,499
2011 80 2,435
2012 59 2,563
From 2011 to 2012, there was a 26.3% decrease in girls imported to India from another
country. Karnataka had 32 cases, and West Bengal had 12 cases, together accounting for 93.2% of
the total cases nationwide.
From 2011 to 2012, there was a 5.3% increase in violations of the Immoral Traffic (Prevention) Act
of 1956. Tamil Nadu had 500 incidents, accounting for 19.5% of the total nationwide, and Andhra
Pradesh had 472 incidents, accounting for 18.4% of the total nationwide.
9 DOMESTIC VIOLENCE
Domestic violence is abuse by one partner against another in an intimate relationship such as dating,
marriage, cohabitation or a familial relationship. Domestic violence is also known as domestic abuse,
spousal abuse, battering, family violence,dating abuse and intimate partner violence (IPV). Domestic
violence can be physical, emotional, verbal, economic and sexual abuse. Domestic violence can be
subtle, coercive or violent. In India, 70% of women are victims of domestic violence.
38% of Indian men admit they have physically abused their partners. The Indian government has
taken measures to try to reduce domestic violence through legislation such as the Protection of
Women from Domestic Violence Act 2005.
Year Reported cruelty by a husband or relative

2008 81,344
2009 89,546
2010 94,041
2011 99,135
2012 106,527
Every 9 minutes, a case of cruelty is committed by either of husband or a relative of the
husband. Cruelty by a husband or his relatives is the greatest occurring crime against women. From
2011 to 2012, there was a 7.5% increase in cruelty by husbands and relatives. In West Bengal, there
were 19,865 cases, accounting for 18.7% of the national total, and in Andhra Pradesh, there were
13,389 cases, accounting for 12.6% of the national total. However the point to be noted here is that
the Section 498a, which is called the anti dowry law is the most misused law in India. Many of these
cases filed against men using 498A are false and no actions are usually taken against women even if
they are proven wrong. This is one of the major factors for married Mens suicide in India which
comes to 1 in every 9 minutes.
10 FORCED AND CHILD MARRIAGE

Girls are vulnerable to being forced into marriage at young ages, suffering from a double
vulnerability: both for being a child and for being female. Child brides often do not understand the
meaning and responsibilities of marriage. Causes of such marriages include the view that girls are a
burden for their parents, and the fear of girls losing their chastity before marriage.
11 ACID THROWING
Acid throwing, also called an acid attack, a vitriol attack or vitriolage, is a form of violent assault used
against women in India. Acid throwing is the act of throwing acid or an alternative corrosive
substance onto a person's body "with the intention to disfigure, maim, torture, or kill." Acid attacks
are usually directed at a victim's face which burns the skin causing damage and often exposing or
dissolving bone. Sulfuric acid and nitric acid are most commonly used for acid attacks. Hydrochloric
acid is also used, but is less damaging. Acid attacks can lead to permanent scarring, blindness, as well
as social, psychological and economic difficulties.
The Indian legislature has now regulated the sale of acid. Compared to women throughout the world,
women in India are at a higher risk of being victims of acid attacks. At least 72% of reported acid
attacks in India have involved women. India has been experiencing an increasing trend of acid
attacks over the past decade.
In 2010, there was a high of 27 reported cases of chemical assaults. Scholars believe that acid attacks
in India are being under-reported. 34% of acid attacks in India have been determined to be related
to rejection of marriage or refusal by a women of sexual advances. 20% of acid attacks have been
determined to be related to land, property, and/or business disputes. Acid attacks related to
marriage are often spurred by dowry disagreements.
11 ABDUCTION
Year Reported abductions
2008 22,939
2009 25,741
2010 29,795
2011 35,565
2012 38,262
Incidents of reported kidnappings and abductions of women increased 7.6% from 2011 to
2012. Uttar Pradesh had 7,910 cases, accounting for 22.2% of the total of cases nationwide.
*******
INTERNATIONAL - COMMITMENTS.
The Philippines has made leaps in advancing gender equality and promoting the empowerment of
women. It is the only country in Asia to fully close the gender gap in education and health and one of
only eight countries in the world to do so. The 2010 Global Gender Gap Report of the World
Economic Forum affirms these facts and the other fact that it has closed 77 percent of its gender gap,
ranking 9th in the world. In 2009, the government ratified a landmark legislation for gender equality
known as the Magna Carta of Women (MCW) which only established further its thrust to protect and
promote Filipino women's human rights as it continues to institutionalize gender concerns in the
mainstream development process.
DIFFERENT INTERNATIONAL CONVENTIONS –

1 HAGUE CONVENTION OF 1902
Hague Convention of 1902 relating to the
settlement of guardianship of minors
Drafted 12 June 1902
Location The Hague
Effective 30 july 1904
Parties 7 (Belgium, Italy, Luxembourg, Poland,
Portugal, Romania and Spain)
Depositary Government of the Netherlands
Language French
Commonly referred to as the "Guardianship Convention", the Convention of 1902 relating to the
settlement of guardianship of minors, along with the other Conventions in 1902, was the Hague
Conference's first effort at addressing international family law. Within a few decades it was the only
family law Convention to retain any currency. It was also the only family law treaty that was
expressly preserved and revived in the Treaty of Versailles and other postWorld War I peace
treaties. The Guardianship Convention was written only in French and, with the Boll case, is the only

Convention of the Hague Conference to ever be the principal subject of interpretation before a court
with worldwide jurisdiction.
2 MONTEVIDEO CONVENTION, 1933

The Montevideo Convention on the Rights and Duties of States was a treaty signed
at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of
American States. The Convention codified the declarative theory of statehood as accepted as part of
customaryinternational law. At the conference, United States President Franklin D.
Roosevelt and Secretary of State Cordell Hull declared the Good Neighbor Policy, which opposed U.S.
armed intervention in inter-American affairs. The convention was signed by 19 states. The
acceptance of three of the signatories was subject to minor reservations. Those states
were Brazil, Peru and theUnited States.
The convention became operative on December 26, 1934. It was registered in League of Nations
Treaty Series on January 8, 1936.
3 UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR), 1948

Created 1948
Ratified 16 December 1949
Purpose Human rights
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United
Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The Declaration
arose directly from the experience of the Second World War and represents the first global
expression of rights to which allhuman beings are inherently entitled. The full text is published by
the United Nations on its website.
The Declaration consists of thirty articles which have been elaborated in subsequent international
treaties, regional human rights instruments, national constitutions, and other laws.
The International Bill of Human Rights consists of the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, and the International Covenant
on Civil and Political Rights and its two Optional Protocols. In 1966, the General Assembly adopted
the two detailed Covenants, which complete the International Bill of Human Rights. In 1976, after
the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the
force of international law.
4 THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN (CEDAW), 1979 -
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an
international treaty adopted in 1979 by the United Nations General Assembly. Described as an
international bill of rights for women, it was instituted on 3 September 1981 and has been ratified
by 189 states. An international bill of rights for women. Consisting of a preamble and 30 articles, it
defines what constitutes discrimination against women and sets up an agenda for national action to
end such discrimination.
5 THE CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE
EXPLOITATION OF THE PROSTITUTION OF OTHERS , 1949
The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others is a resolution of the UN General Assembly. The preamble states:

"Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of
prostitution are incompatible with the dignity and worth of the human person and endanger the
welfare of the individual, the family and the community"
It was approved by the General Assembly on 2 December 1949 and came into effect on 25 July 1951.
As at December 2013, 82 states were party to the convention (see map). An additional 13 states had
signed the convention but had not yet ratified it.
The Convention supersedes a number of earlier conventions that covered some aspects of forced
prostitution. Signatories are charged with three obligations under the 1949 Convention: prohibition
of trafficking, specific administrative and enforcement measures, and social measures aimed at
trafficked persons. The 1949 Convention presents two shifts in perspective of the trafficking
problem in that it views prostitutes as victims of the procurers, and in that it eschews the terms
"white slave traffic" and "women," using for the first time race- and gender-neutral language. To fall
under the provisions of the 1949 Convention, the trafficking need not cross international lines.
6 EQUAL REMUNERATION CONVENTION, 1951

Date of 29 June 1951
adoption
Date in force 23 May 1953
Classification Equal Remuneration
Women
Subject Equality of Opportunity and Treatment
Previous Minimum Wage Fixing Machinery
(Agriculture) Convention, 1951
Next Holidays with Pay (Agriculture)
Convention, 1952
The Convention concerning Equal Remuneration for Men and Women Workers for Work of
Equal Value, or Equal Remuneration Convention is the 100th International Labour
Organization Convention and the principal one aimed at equal remuneration for work of equal
value for men and women. States parties may accomplish this through legislation, introduction of a
system for wage determination and/or collective bargaining agreements. It is one of 8ILO
fundamental conventions. As of 2015, the convention had been ratified by 172 out of 186 ILO
members.
7 CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957

The Convention on the Nationality of Married Women is an international convention passed by
the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013 it has 74
state parties. Before the Convention on the Nationality of Married Women, no legislation existed to
protect married women's right to retain or renounce national citizenship in the way that men could.
Women's rights groups recognized a need to legally protect the citizenship rights of women who
married someone from outside their country or nationality. The League of Nations, the international
organization later succeeded by the United Nations, was lobbied by women's rights groups during
the early 20th century to address the lack of international laws recognizing married women's rights
of national citizenship. The Conference for the Codification of International Law, held at The
Hague in 1930, drew protests from international women's rights groups, yet the League declined to
include legislation enforcing married women's nationality rights. The League took the position that
it was not their role, but the role of member states, to deal with equality between men and women.
The International Women's Suffrage Alliance (IWSA, later renamed the International Alliance of
Women) launched a telegram campaign in 1931 to pressure the League of Nations to address the
lack of legislation. Women from around the world sent telegrams to the League of Nations as a
protest. The League made the concession of creating an unfunded Consultative Committee on
Nationality of Women.
The Pan-American Conference in Montevideo passed a Convention on the Nationality of Married
Women in 1933. It was passed by the Pan American Conference at the same time as the Treaty on the
Equality of Rights Between Men and Women. These were the first pieces of international law to
"explicitly set sexual equality as a principle to be incorporated into national legislation" which was
required of countries ratifying the convention and treaty. Lobbying by the American National
Women's Party has been credited with this legislation. However, neither the International Labour
Organization (ILO) nor the League of Nations passed any legislation on the issue during the interwar
years.
8 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, 1966

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A
(XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well
as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized
in the present Covenant,
9 THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS (ICESCR), 1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a

multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in
force from 3 January 1976. It commits its parties to work toward the granting of economic, social,
and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals,
including labour rights and the right to health, the right to education, and the right to an adequate
standard of living. As of 2015, the Covenant has 164 parties. A further six countries, including the
United States, have signed but not ratified the Covenant.
The ICESCR is part of the Declaration on the Granting of Independence to Colonial Countries and
Peoples, International Bill of Human Rights, along with the Universal Declaration of Human
Rights (UDHR) and theInternational Covenant on Civil and Political Rights(ICCPR), including the
latter's first and second Optional Protocols.
The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.

CONCLUSION-
The Criminal Law Amendment Bill 2013 — Penalising 'Peeping Toms' and Other Privacy
Issues
The pending amendments to the Indian Penal Code, if passed in their current format, would be a
huge boost for individual physical privacy by criminalising stalking and sexually-tinted voyeurism
and removing the ambiguities in Indian law which threaten the privacy and dignity of individuals.
Privacy, crime, and safety of women are intricately linked in any legal system. An essential part of
the security of citizens is the safety of their privacy and personal information. If any legal system
does not protect the privacy — both of body and of information — of its people, there will always be
insecurity in such a system. With the recent debates on women’s safety, several crucial privacy and
security issues have been raised, such as the criminalization of voyeurism and stalking, which is a
huge boost for privacy rights of citizens in India, and it is hopeful that the government will continue
the trend of considering privacy issues along when addressing security concerns for the state.
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UNIT-II MAJOR HARDSHIPS TO WOMAN AND INDIAN LAWS
RAPE-
I) Rape- The rape laws of the country were amended in the year 2013 after the Justice J.S. Verma
Committee Report, to address the prevalent inadequacies. This paper analyses in detail, the provisions
of the amended Section 375 of the Indian Penal Code. It discusses important concepts like consent, will,
submission, minority, misrepresentation, fraud etc.
Rape: Meaning
The word rape is derived from the Latin term rapio, which mean ‘to seize’. Thus rape literally means
a forcible seizure. It signifies in common terminology, “as the ravishment of a woman without her
consent, by force, fear, or fraud” or “the carnal knowledge of a woman by force against her will.” In
other words, rape is violation with violence of the private person of a woman.
Rape for a woman is deathless shame and must be dealt with as the gravest against human dignity .
On the basis of this principle the offence of rape is defined by section 375 of the Indian Penal Code .
According to this section a man is said to commit rape who , except in the case of sexual intercourse
by a man with his own wife not being under fifteen years of age , has sexual intercourse with a
woman under the circumstances falling under any of the six following categories :-
Firstly :- Against her will .
Secondly :- Without her consent .
Thirdly :- With her consent , when her consent has been obtained by putting her or any 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 her 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 any unwholesome substance , she is unable to understand the nature and consequences of that to
which she gives consent .
Sixthly :- With or without her consent , when she is under sixteen years of age .
It has also been explained by the section that penetration is sufficient to constitute the offence of
rape . It has been pointed out by the different Hon’ble Courts in several cases that mere or slightest
penetration is sufficient and penetration of the whole male genital organ or emission of semen is not
necessary . In fact penetration is the sine qua non for an offence of rape .
From the definition given above , it is clear that rape is forcible ravishment of a woman , and the
essence of the offence consists in the act being done against the will or without the consent of the
woman. In the case of Phul Singh v State of Haryana , Hon’ble Supreme Court of India described that
the offence of rape is the violation , with violence , of the private person of a woman .
II) Role of consent in rape- Section 90 of the Indian Penal Code includes definition of consent
for the purpose of the code . Section 90 says that a consent is not such a consent as is intended by
any section of this code if the consent is given by a person under fear of injury , or under a
misconception of fact , or if the consent is given by a person who , from unsoundness of mind , or
intoxication , is unable to understand the nature and consequences of that act to which consent is
given , or when the consent is given by a person who is under twelve years of age . But section 90 can
not be construed as an exhaustive definition of consent in contrast with the offence of rape.
In addition to section 90 of the IPC , Section 375 provides one more ground to the effect that the
consent given by a woman under sixteen years of age is no consent .
The will and consent often overlap . An act done with the will of a person can be said to be an act
done with consent . In the purview of the offence of rape , consent means , legal consent or free
willful consent given by a woman of more than sixteen years of age who is capable of understanding
the nature of sexual intercourse and it’s consequences.
III) Critical discussion of the law of consent as defence with reference to rape Cases- Rape
is an accusation which can easily be made and hard to be proved and harder to be defended by the
party concerned , though never so innocent. Yet the question of consent is really a matter of defence
and it is for the accused to place materials to show that there was free consent and the girl was not
under sixteen years of age. The accused can take the defence that he did sexual intercourse with the
woman not being under sixteen years of age and with the free and willful consent of the woman .
Free consent occurs when the woman is capable of knowing the nature of the act and thus legally
able, being above sixteen years of age , to give rational consent being aware of it's nature and
circumstances .
But under section 114A of the Indian Evidence Act , in a prosecution for rape under clause (a) ,i.e.,
when a police officer commits rape within the limits of the police station , (b) ,i.e., rape committed by
a public servant , or clause (c) ,i.e., rape committed by a man on the management of or custodian of
jail , remand home , place or institution , or clause (d) ,i.e., rape committed by a man on the
management of hospital , or clause (e) ,i.e., rape committed by a man on a woman knowingly that she
is pregnant , or clause (g) ,i.e., gang rape , of section 376 of the IPC , where sexual intercourse by the
accused is proved and the question is whether it was without the consent of the woman alleged to
have been raped and she states in her evidence before the court that she did not consent , the court
shall presume that she did not consent . And so in that event the onus of proof shifts upon the
accused to rebut the presumption of non-consent .
For determination of the presence of consent of the prosecutrix in a case of rape , the accused can
show that there was free and willful consent by the following practical circumstances as defence ,
such as ,---
i) written communication of the prosecutrix,
ii) admission of the prosecutrix to the effect that she had consent .
iii)absence of any injury in the body of prosecutrix, and
iv) absence of sign of struggle or vehement resistance offered by the prosecutrix.
It may be kept in mind that sexual intercourse without consent does not label a charge of
rape against the husband when the wife is above fifteen years of age but below sixteen years of age .
IV) When a person can be said to have committed rape upon his own wife-Exception to
section 375 provides in negative language that sexual intercourse with the wife , being under fifteen
years of age , by her husband , is the offence of rape within the purview of this section . and in that
event consent given by the wife for sexual intercourse is not legal consent . This provision is based
on the policy of law to protect the children of immature age against sexual intercourse . This is
known also as statutory rape by the husband . So when a husband does sexual intercourse with his
wife under fifteen years of age , with or without consent , he can be said to have committed rape
upon his own wife .
V) SECTION 375: ANALYSIS OF PROVISIONS RELATING TO RAPE
In the Indian Penal Code, Section 375 defines rape.
Taking note of the inadequacy of law of rape and its failure to safeguard the rights of the innocent
victims against the heinous crime, the Parliament in 1983 and 2013 extensively amended the law of
rape so as to make the law more realistic.
Old Provision
“375. Rape. A man is said to commit” rape” who, except in the case hereinafter excepted, has sexual
intercourse with a woman under circumstances falling under any of the six following descriptions:-
First.- Against her will.
Secondly.- Without her consent.
Thirdly.- With her consent, when her consent has been obtained by putting her or any 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 her 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
or unwholesome substance, she is unable to understand the nature and consequences of that to
which she gives consent.
Sixthly.- With or without her consent, when she is under sixteen years of age.
Explanation.- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of
rape.
Exception.- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of
age, is not rape.”
After Amendment
A man is said to commit “rape” if he-—
penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her
to do so with him or any other person; or
inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra,
anus or any ~ of body of such woman or makes her to do so with him or any other person; or
applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any
other person, under the circumstances falling under any of the following seven descriptions:—
First.—Against her will. Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any 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 her 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
or unwholesome Substance, she is unable to understand the nature and consequences of that to
which she gives consent.
Sixthly.—With or without her consent, when she is under eighteen years of age.
Seventhly.—When she is unable to communicate consent.
Explanation I.—For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal communication, communicates willingness to
participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the
reason only of that fact, be regarded as consenting to the sexual activity.
Exception I.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under
fifteen years of age, is not rape.’

Ingredients
This section consists of the following:
1. Sexual intercourse by a man with a woman.
2. The sexual intercourse must be under the circumstances falling under any of the seven clauses of
section 375.
Sexual Intercourse
A very important case that led to definite amendments in the section is Sakshi v. Union of India and
Ors. (the Union of India, the Ministry of Law and Justice and the New Delhi Commissioner of
Police). Sakshi, an NGO focusing on violence against women, petitioned the Supreme Court of India
to declare that “rape” under India’s criminal rape law (Indian Penal Code, or “IPC”, section 375)
includes all forms of forcible penetration. Sakshi claimed that the current interpretation of the law,
limited rape to forcible penile/vaginal penetration only. The prosecution submitted that Section 375
IPC should be interpreted in the current scenario, especially in regard to the fact that child abuse has
assumed alarming proportion in recent times. The words ‘sexual intercourse’ in Section 375 IPC
should be interpreted to mean all kinds of sexual penetration of any type of any orifice of the body
and not the intercourse understood in the traditional sense. The words ‘sexual intercourse’ having
not been defined in the Penal Code, there was no impediment in the way of the Court to give it a
wider meaning so that the various types of child abuse may come within its ambit and the conviction
of an offender may be possible under Section 376 IPC. Sexual abuse of children, particularly minor
girl, children by means and manner other than penile/vaginal penetration is common and may take
the form of penile/anal penetration, penile/oral penetration, finger/vaginal penetration or object/
vaginal penetration. It is submitted that by treating such forms of abuse as offenses falling under
Section 354 IPC or 377 IPC, the very intent of the amendment of Section 376 IPC by incorporating
Sub-section 2(f) therein is defeated. The said interpretation is also contrary to the contemporary
understanding of sexual abuse and violence all over the world.
The Court upheld the existing definition of rape as forcible penile/vaginal penetration only, refusing
to include other forms of penetration within the ambit of rape as defined under IPC. The Court’s
decision called on the Parliament of India to change the law, stating:
“The suggestions made by the petitioners [Sakshi] will advance the cause of justice and are in the
larger interest of society. The cases of child abuse and rape are increasing at alarming speed and
appropriate legislation in this regard is, therefore, urgently required. We hope and trust that the
Parliament will give serious attention to the points highlights by the petitioner and make
appropriate legislation with all the promptness which it deserves.”
During the Sakshi case, the Court ordered the Law Commission of India to examine and respond to
the issues that Sakshi raised. This exercise culminated in the 172nd Report of the Law Commission
of India (on review of rape laws, March 2000). The Report suggested that the offence of “rape” be
substituted by “sexual assault,” making the offence gender-neutral and applicable to a range of
sexual offences other than forcible penile/vaginal penetration.
As of today, the rape law in India under section 375 stands amended and includes all forms of sexual
assault and is not just limited to penile/vaginal intercourse or heterosexual intercourse.
Circumstances falling under the seven clauses
A man is guilty of rape if he commits sexual intercourse with a woman either against her will or
without her consent as enumerated under clauses firstly to seventhly of section 375 IPC.
1.Against her will:
The word ‘will’ implies the faculty of reasoning power of mind that determines whether to do an act
or not. There is a fine distinction between an act done ‘against the will’ and ‘an act done without
consent.’ Every act done ‘against the will’ is obviously ‘without the consent.’ But every act ‘without
the consent’ is not ‘against the will.’ Clause (1) of this section applies where the woman is in
possession of her senses and therefore, capable of consenting. In State of Uttar Pradesh v. Chottey
Lal, the Supreme Court explained that the expression ‘against her will’would ordinarily mean that
the intercourse was done by a man with a woman despite her resistance and opposition.
In State of Punjab v. Gurmit Singh, a young girl below the age of 16 years was abducted from her
school by the three accused in a car, and she was threatened with death if she raised an alarm.
Despite her refusal she was made to drink liquor. Then she was raped by each one of them in turn
under the threat of being killed if she persisted in raising an alarm. Due to the threat she kept quite.
After repeatedly committing sexual assault on her, they left her the next morning near the place from
where she had been abducted. Surprisingly, the additional judge, Ludhiana acquitted all the accused
on both counts of abduction and rape disbelieving the version of prosecutrix regarding rape and
because of delay in FIR. Allowing the State appeal, and holding the accused persons liable for rape
since at no point of time the prosecutrix willingly cooperated with the act, the Apex Court held that
the sexual intercourse was against her will for which the accused are liable for committing rape
under section 376, IPC.
In addition to this, the Apex Court laid down the following guidelines for trial in such cases:
 Delay in lodging FIR is not material when properly explained.
 Testimony of victim in cases of sexual assault is vital and unless there are compelling reasons which
necessitate looking for corroboration of her statement, the Court should find no difficulty in
convicting the accused on prosecutrix’s testimony alone.
 Trial of sexual offences should be in camera and invariably by a lady judge whenever available.
 Court must restrain making observations that probably the prosecutrix is a girl of loose moral
character.
 Court is under an obligation to see that prosecutrix is not unnecessarily harassed and humiliated in
cross-examination in case of rape trial.
2.Without her consent:
The essence of rape is the absence of consent. Consent means an intelligent, positive concurrence of
the ‘will’ of the woman. The policy behind the exemption from liability in the case of consent is based
on the principle that a man is the best judge of his or her own interest, and if a man (includes
woman) decides to suffer a harm voluntarily, he or she cannot complain of it when it comes about.
According to Explanation 2, consent means an unequivocal voluntary agreement when the person by
words, gestures or any form of non-verbal communication, communicates willingness to participate
in the specific sexual act. Thus, to absolve a person of criminal liability, consent must be given freely
and it must not be obtained by fraud or by mistake or under a misconception of fact. This clause
operates where a woman is unresponsive whether because of the influence of drink or drugs or any
other cause, or is so imbecile that she is incapable of giving any rational consent. Consent of the
woman has to be obtained prior to the act.
The burden of proof: In case of charge of rape the onus lies upon the prosecution to prove that the
sexual intercourse was without the consent or against the will of the woman. It would not be
necessary for the defence to prove that the sexual intercourse was with the consent of the woman.
Consent obtained by misrepresentation, fraud or under mistake is no consent:
Consent obtained by misrepresentation, fraud or under mistake is no consent. In Queen v.
Flattery, the accused was charged for rape upon a 19-year-old girl. The girl who had ill health and
was subject to fits, visited the accused’s clinic along with her mother and sought his advice for
treatment. The accused, after examining the girl, advised her to have a surgical operation, to which
she consented, and under pretence of performing it, had sexual intercourse with the girl. It was held
that the girl’s consent would not excuse the accused from conviction as it was given under a mistake
of fact. There was a misconception as to the nature of the act and whatever consent was given by the
girl was for the purposes of surgical operation and not for sexual intercourse.
In Williams, the accused was a choirmaster who had sexual intercourse with his 16-year-old student
making her believe that he is performing a surgical operation to improve her singing voice. Consent
was vitiated by fraud and it was obtained under a misconception, thus, he was held guilty of rape.
In these cases it is the non-consent to sexual intercourse rather than the fraud of the doctor or the
choirmaster that makes the offence rape.
Therefore, in Moti Ram and Linekar, it was held that if a woman were willing to have sexual
intercourse for monetary consideration, the fact that the consideration was found to be fictitious
would not vitiate the consent. Since there was consent on the part of the prosecutrix for sexual
connection, the accused persons are not liable for rape. It would amount only to breach of contract.
Consent to intercourse on the assumption of false promise to marry:
Where a woman consents to sexual intercourse under the assumption of a promise to marry, the
falsity of the promise doesn’t ipso facto vitiate consent. It depends on whether the accused’s promise
was false from its inception or not.
In Dileep Singh v. State of Bihar, the appellant was charged and convicted under section 376, IPC for
committing rape of a minor girl. The victim alleged that the accused forcibly raped her and later
consoled her that he would marry her. Accordingly on account of the promise for marriage made by
him, she agreed to have sexual relations with him. After she became pregnant, she revealed the
matter to her parents but efforts made by the father to establish marital tie failed. She was then
constrained to file the complaint. Although the trial court and High Court convicted the accused, the
Supreme Court set it aside. It said:
“Consent given by a woman believing the man’s promise to marry her would fall within the
expression ‘without her consent’ vide clause (ii) to section 375 IPC, only if it is established that from
the very inception the man never really intended to marry her and the promise was a mere hoax.
When prosecutrix had taken a conscious decision to participate in the sexual act only on being
impressed by the accused’s promise to marry her and the accused’s promise was not false from its
inception with the intention to seduce her to sexual act, clause (ii) to section 375, IPC is not attracted
and established.”
In Uday v. State of Karnataka, accused expressed love and promised to marry the prosecutrix on a
later date. Prosecutrix was quite aware that they belonged to different castes and proposal of their
marriage would be opposed by their family members. Yet the prosecutrix started cohabiting with the
accused consciously and became pregnant. On the charge of rape the Court held that the consent
given by the prosecutrix for cohabitation cannot be said to be given under misconception of fact. She
had freely, voluntarily and consciously consented to have sexual intercourse with the appellant not
only on behalf of promise of marriage but because of their deep love for each other. Hence the
appellant was not held liable to be convicted for an offence of rape under section 376, IPC.
However these were earlier positions. The Supreme Court has taken different views to such
situations now.
In Pradeep Kumar Verma v. State of Bihar, it was held that in case of a representation deliberately
made by the accused with a view to elicit the assent of victim without having intention to marry her,
will vitiate the consent given by the victim. It was also observed that if on the facts it is established
that at the very inception of the making of the promise the accused did not really entertain the
intention of marrying the victim and the promise to marry held out by him was a mere hoax, the
consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the
ambit of section 375 clause second. Such representation would only vitiate the consent.
Consent and submission- distinguished:
A woman is said to consent only when she freely agrees to submit herself, while in free and
unconstrained possession of her physical and moral power to act in a manner she wanted. Consent
may be either expressed or implied depending upon the nature and circumstances of the case.
However, there is a difference between consent and submission. An act of helpless resignation in the
face of inevitable compulsions is not consent in law.
In Rao Harnam Singh, Sheoji Singh v. State, Kalu Ram, tenant of the accused was required to provide
his wife aged 19 years to satisfy the carnal lust of the accused Rao Harnam Singh and his guests on
the eve of entertainment party arranged on the occasion of transfer of Ch. Mauji Ram, Dy.
Superintendent, Jail, Gurgaon. The girl protested vehemently against this outrageous demand, but
under pressure of her husband, was induced to surrender. Three accused persons- Rao harnam
Singh, Ch. Mauji Ram and Balbir Singh ravished her during the night and she died almost
immediately. Her shrieks were heard by some advocate living in the neighbourhood. Refuting the
defence contention, that the girl was a consenting party and she surrendered her body to the three
persons willingly and with approval of her husband, the High Court while holding the accused liable
for the offence of rape distinguished between ‘consent’ and ‘submission’:
1. A mere act of helpless resignation in the face of inevitable compulsion, quiescence, non-resistance,
passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be
deemed to be ‘consent’ as understood in law.
2. Consent on the part of a woman as a defence to an allegation of rape, requires voluntary
participation, not only after the exercise of intelligence, based on the knowledge, of the significance
and moral quality of the act, but after having freely exercised a choice between resistance and
assent.
 Submission of her body under the influence of fear or terror is no consent. Although each consent
involves a submission, the converse does not follow and a mere act of submission does not involve
consent.
1. A woman is said to consent, only when she freely agrees to submit herself, while in free and
unconstrained possession of her physical and moral power to act in the manner she wants. Consent
implies the exercise of a free and unhampered right to forbid or withhold what is being consented
to; it always is a voluntary and conscious acceptance of what is proposed to be done by another and
concurred in by the former.
3. Consent procured by putting the woman under fear of death or hurt is no consent in law:
Clause (3) to section 375 IPC asserts that consent of the woman in order to exonerate the accused of
the charge of rape must be given freely and voluntarily without any fear of death or injury. In such a
case the consent obtained will not be a valid consent. The scope of the clause has been widened by
the Criminal Law (Amendment) Act 1983 by the insertion of the words “or any person in whom she
is interested” after the words “putting her” in fear of death or hurt in the clause. Now it reads “With
the other person’s consent when such consent has been obtained by putting such other person or
any person whom such other person is interested, in fear of death or of hurt.” So now, the fear of
death or hurt could be towards her children, husband or parents also.
In State of Maharashtra v. Prakash, the Apex Court held that where a police constable and
businessman had sexual intercourse with a rustic woman by beating her husband and threatening to
put him in police remand, the act falls under clause (3) of section 375 IPC. Suggestion that the victim
had consented to intercourse willingly is ruled out for the offence of rape. It is not necessary that
there should be actual use of force; a threat to use of force is sufficient.
A criticised judgment of the Supreme Court in this regard was Tukaram v. State of
Maharashtra popularly known as Mathura rape case. Mathura, an 18-year-old Harijan orphan girl
was called to the police station on an abduction report filed her brother at the police station- Desaui
Ganj in Maharashtra on 26th March 1972. When they were about to leave the police station, Mathura
was kept back at the police station in the late hours of the night by one of the constables, Ganpat,
who was on duty. She was taken to a toilet and raped. After him, another constable Tukaram tried to
rape her but being too heavily drunk, did not succeed. None of the two accused were held guilty for
the following reasons:
1. There were no marks of injury on her person which show that the whole affair was a peaceful one
and that the story of stiff resistance having been put up by the girl is all false.
2. The girl was not subject to any fear that must have led her to submit to the act.
3. The girl was not alone when Ganpat ordered her to stay and she could have resisted and appealed to
her brother. Her conduct in meekly following Ganpat and allowing him to have his way with her to

the extent of satisfying his lust in full, made them feel that the consent in question was not a consent
which could be brushed aside as passive submission.
The judgment of the Supreme Court was widely criticised both inside and outside the Parliament as
an extraordinary decision sacrificing human rights and a disgrace on women under the law and the
Constitution.
Subsequent decisions of the Supreme Court tried to atone for what it had decided in the Mathura
case.
In Balwant Singh v. State of Punjab, the victim aged 19/20 years was forcibly taken in a car by the
five accused persons and raped by each in a grove on the canal bank. She was found lying
unconscious under a banana tree near the canal bridge by her father. She was medically examined
and the report specified that she was raped by more than one person. It was held by the court that
the absence of injuries on back of prosecutrix does not make the prosecution case unbelievable. The
accused were five in number and the prosecutrix was a girl of 19/20 years. She was not expected to
offer such resistance as would cause injuries to her.
4. Consent accorded under a misconception that the person is husband of the woman is not a valid
consent:
Consent given by a woman to a person for intercourse believing the person to be her husband
whereas in fact, he is not her husband, is no consent in law. In such a situation the person knows the
fact of deception, and pretends to be the husband of the woman.
In Bhupinder Singh v. Union Territory of Chandigarh, the complainant Manjit Kaur married the
accused Bhupinder Singh, who she had met through work, in 1990 and started cohabiting with him
in Chandigarh. She became pregnant but accused got the foetus aborted in 1991. When she was
pregnant again in 1994, she met her husband’s two friends who told her that he was already married
and had children from his first wife. On being confronted her husband left her on the pretence of
work and did not turn up even after she gave birth to a daughter. She made a complaint and he was
held guilty of rape because prosecutrix married accused without knowledge of his first marriage.
The consent for cohabitation was given under the belief that the accused was her husband. It was
also held that delay in lodging complaint by prosecutrix couldn’t in any event wash away the offence
because there was no consent. Therefore, the Supreme Court refused to interfere with the order of
conviction passed by the High Court.
5. Consent procured by a woman of unsound mind or under influence of intoxication etc.:
Clause (5) of section 375 IPC was added vide the Criminal Law (Amendment) Act of 1983. The object
of the new clause was to protect and safeguard the interest of the woman who accords consent for
sexual intercourse without knowing the nature and consequences of the act by reason of
unsoundness of mind or under the influence of stupefying or unwholesome substance or intercourse
with a defective. In such cases it is presumed that the consent of the woman is not free and voluntary
to exonerate the accused of the charge of rape.
In Tulshidas Kanolkar v. State of Goa, the accused had sexual intercourse, repeatedly with a woman
who was incapable of comprehending the vicissitudes of the act. Consequently the girl became
pregnant. The additional session judge, holding the accused liable for rape under section 376
imposed a sentence of ten years of rigorous imprisonment along with fine of Rs. 10000. However the
High Court in appeal reduced the sentence to seven years and the appellant went in appeal against
his conviction. The Apex Court dismissed the appeal and held that for constituting consent there
must be exercise of intelligence based on knowledge of the significance and moral effect of the act
and criticised the High Court for reducing the sentence to seven years where it should not have
interfered.
6. Consent of a girl under 18 not valid in law:
Sexual intercourse with a woman with or without her consent when she is below 18 years of age
amounts to rape. A woman under 18 is considered incapable of giving consent for sexual

intercourse. The age of consent was raised from 16 to 18 by the Criminal Law (Amendment) Act of
2013.
The Apex Court in Harpal Singh, held that even if the girl of 14 is a willing party and invited the
accused to have sexual intercourse with her, the accused would be liable for rape under this clause
In Mana Ramchandra Jadhav v. State of Maharashtra, the prosecutrix left her mother’s house and
joined the accused because her mother had turned down the proposal of her marriage with the
accused on the ground that she was too young. While she was with the accused he had sexual
intercourse with her against her will. The act of intercourse with the prosecutrix will be covered
under this clause.
Exception to section 375:
“Exception 2.- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under
sixteen years of age, is not sexual assault.”
Since child marriage in India is not yet void and is only voidable, such a check was necessary to
restrain men from taking advantage of their marital rights prematurely. No man can be guilty of rape
on his own wife when she is over 15 years of age on account of the matrimonial consent that she has
given.
In Bishnudayal v. State of Bihar, where the prosecutrix, a girl of 13 or 14, who was sent by her father
to accompany the relatives of his elder daughter’s husband to look after her elder sister for some
time, was forcibly ‘married’ to the appellant and had sexual intercourse with her, the accused was
held liable for rape under section 376.
However under section 376 B, IPC sexual intercourse with one’s own wife without her consent
under a decree of judicial separation is punishable by 2 to 7 years imprisonment.
********
SEXUAL HARASSMENT OF WORKING WOMEN IN WORKPLACE-

I) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013-
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a legislative act in India that seeks to protect women from sexual harassment at their place
of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September
2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February
2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9
December 2013. This statute superseded the Vishakha Guidelines for prevention of sexual
harassment introduced by the Supreme Court of India. It was reported by the International Labour
Organization that very few Indian employers were compliant to this statute. Most Indian employer's
have not implemented the law despite the legal requirement that any workplace with more than 10
employees need to implement it. The government has threatened to take stern action against
employers who fail to comply with this law.
II) Preamble and background-

The introductory text of the Act is:
An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected therewith
or incidental thereto.
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality
under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity
under article 21 of the Constitution and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe environment free from sexual
harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are
universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for
protection of women against sexual harassment at workplace.
III) Background and provisions-

The Act will ensure that women are protected against sexual harassment at all the work places, be it
in public or private. This will contribute to realisation of their right to gender equality, life and
liberty and equality in working conditions everywhere. The sense of security at the workplace will
improve women's participation in work, resulting in their economic empowerment and inclusive
growth.
The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in
Vishaka v. State of Rajasthan (1997). Article 19 (1) (g) of the Indian Constitution affirms the right of
all citizens to be employed in any profession of their choosing or to practice their own trade or
business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's rights
to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right
under Article 19 (1) (g). The case ruling establishes that sexual harassment violates a woman's
rights in the workplace and is thus not just a matter of personal injury.
Under the Act, which also covers students in schools and colleges as well as patients in hospitals,
employers and local authorities will have to set up grievance committees to investigate all
complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees.
The legislative progress of the Act has been a lengthy one. The Bill was first introduced by women
and child development minister Krishna Tirath in 2007 and approved by theUnion Cabinet in
January 2010. It was tabled in the Lok Sabha in December 2010 and referred to the Parliamentary
Standing Committee on Human Resources Development. The committee's report was published on
30 November 2011. In May 2012, the Union Cabinet approved an amendment to include domestic
workers. The amended Bill was finally passed by the Lok Sabha on 3 September 2012. The Bill was
passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. It
received the assent of the President of India and was published in the Gazette of India,
Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act No. 14 of 2013.
IV) Major Features

The Act defines sexual harassment at the work place and creates a mechanism for redressal
of complaints. It also provides safeguards against false or malicious charges.
 The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as forms
of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
 The definition of "aggrieved woman", who will get protection under the Act is extremely wide to
cover all women, irrespective of her age or employment status, whether in the organised or
unorganised sectors, public or private and covers clients, customers and domestic workers as well.
 While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where
there is a clear employer-employee relationship, the Act goes much further to include organisations,
department, office, branch unit etc. in the public and private sector, organized and unorganized,
hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and
any place visited by the employee during the course of employment including the transportation.
Even non-traditional workplaces which involve tele-commuting will get covered under this law.

 The Committee is required to complete the inquiry within a time period of 90 days. On completion of
the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they
are mandated to take action on the report within 60 days.
 Every employer is required to constitute an Internal Complaints Committee at each office or branch
with 10 or more employees. The District Officer is required to constitute a Local Complaints
Committee at each district, and if required at the block level.
 The Complaints Committees have the powers of civil courts for gathering evidence.
 The Complaints Committees are required to provide for conciliation before initiating an inquiry, if
requested by the complainant.
 The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs 5000
on the person who has breached confidentiality.
 The Act requires employers to conduct education and sensitisation programmes and develop
policies against sexual harassment, among other obligations.
 Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall
be punishable with a fine of up to ₹ 50,000. Repeated violations may lead to higher penalties and
cancellation of licence or registration to conduct business.
 Government can order an officer to inspect workplace and records related to sexual harassment in
any organisation.
V) Penal Code
Criminal Law (Amendment) Act, 2013-Through the Criminal Law (Amendment) Act, 2013, Section
354 was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence
and what the penalties shall be for a man committing such an offence. Penalties range from one to
three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime,
employers are obligated to report offences.
VI) Criticism-
Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member for West
Bengal initially complained that the Bill does not cover women in the armed forces and excludes
women agricultural workers, "a gross injustice to agricultural workers who are the single largest
female component of work force in the country." However, the final bill includes the clause "No
woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to
have addressed those concerns. In the May 2012 draft Bill, the burden of proof is on the women who
complain of harassment. If found guilty of making a false complaint or giving false evidence, she
could be prosecuted, which has raised concerns about women being even more afraid of reporting
offences. Before seeing the final version of the bill, lawyer and activist Vrinda Grover said, "I hope
the Bill does not have provisions for penalizing the complainant for false complaints. This is the most
under-reported crime. Such provision will deter a woman to come forward and complain." Zakia
Soman, a women's rights campaigner at ActionAid India said that "it helps to have a law and we
welcome it, but the crux will lie in its implementation once it is enacted."
Manoj Mitta of The Times of India complained that Bill does not protect men, saying it "is based on
the premise that only female employees needed to be safeguarded." Nishith Desai Associates, a law
group, wrote a detailed analysis that included concerns about the role of the employer in sexual
harassment cases. They called out the fact that there is no stipulated liability for employers in cases
of employee-to-employee harassment, something upheld in many other countries. They also viewed
the provision that employers are obligated to address grievances in a timely manner at the
workplace as problematic because of potentially uncooperative employees. Furthermore, the law
requires a third-partynon-governmental organisation to be involved, which could make employers
less comfortable in reporting grievances, due to confidentiality concerns.

Compliance to this statute has so far been left to the vagaries of the employers and government has
not taken any significant step to enforce the law so far. For example, 6 months after the law came
into effect, the state in UP remained dreadful as women could not participate in the workforce due to
sexual harassment.
********
INDECENT REPRESENTATION OF WOMEN-

I) THE INDECENT REPRESENTATION OF WOMEN PROHIBITION) ACT, 1986- (NO. 60 OF
1986)
An Act to prohibit indecent representation of women through advertisements or in publications,
writings, paintings, figures or in any other manner and for matters connected therewith or incidental
thereto.
Be it enacted by Parliament in the Thirty-seven Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Indecent Representation
of Women (Prohibition) Act, 1986.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-

"advertisement" includes any notice, circular, label, wrapper or other document and also includes
any visible representation made by means of any light, sound, smoke or gas;
"distribution" includes distribution by way of samples whether free or otherwise;
"indecent representation of women" means the depiction in any manner of the figure of a woman;
her form or body or any part thereof in such way as to have the effect of being indecent, or
derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or
morals;
"label" means any written, marked, stamped, printed or graphic matter, affixed to, or appearing
upon, any package;
"package" includes a box, a carton, tin or other container;
"prescribed" means prescribed by rules made under this Act.
3.Prohibition of advertisements containing indecent representation of Women.- No person

shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any
advertisement which contains indecent representation of women in any form.
4.Prohibition of publication or sending by post of books, pamphlets, etc; containing indecent

representation of women.- No person shall produce or cause to be produced, sell , let to hire,
distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph , representation or figure which contains indecent representation of women in
any form:
Provided that noting in this section shall apply to-
(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or
figure –
(i) the publication of which is proved to be justified as justified as being for the public good on the
ground that such book, pamphlet, paper, slide , film, writing, drawing, painting, photography,
representation or figure is in the interest of science, literature, art, or learning , art, or learning or
other objects of general concern; or
(ii) which is kept or used bona fide for religious purpose;
any representation sculptured, engraved, painted or otherwise represented on or in –
(i) any ancient monument within the meaning of the Ancient Monument and Archaeological Sites
and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used or the conveyance of idols, or kept or used for any religious
purpose;
any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of 1952),
will be applicable.
5. Powers to enter and search.- (1) Subject to such rules as may be prescribed, any Gazetted
Officer authorized by the State Government may, within the local limits of the area for which he is so
authorized:-
enter and search at all reasonable times, with such assistance, if any , as he considers necessary, any
place in which he has reason to believe that an offence under this Act has been or is being
committed;
seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure which he has reason to believe contravenes any of the
provisions of this Act;
examine any record, register, document or any other material object found in any place mentioned
in Cl.(a) and seize the same if he has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act.
Provided that no entry under this sub-section shall be made into a private dwelling-house without a
warrant:
Provided further that the power of seizure under this sub-section may be exercised in respect of any
document, article or thing which contains any such advertisement, including the contents, if any, of
such document, article or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without affecting the integrity, utility or
saleable value thereof.
(2)The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall, so far as may be, apply
to any search or seizure made under the authority of a warrant issued under Sec.94 of the said Code.
(3)where any person seizes anything under Cl.(b) or Cl.(c) of sub section (1), he shall, as soon as may
be, inform the nearest Magistrate and take his orders as to the custody thereof.
6.Penalty.- Any person who contravenes the provisions of Sec 3 or Sec 4 shall be punishable on first
conviction with imprisonment of either description for a term which may extend to two years, and
with fine which may extend to two thousand rupees, and in the event of a second or subsequent
conviction with imprisonment for term of not less than six months but which may extend to five
years and also with a fine not less than ten thousand rupees but which may extend to one lakh
rupees.
7.Offences by companies.- (1) Where an offence under this Act has been committed by a company,
every person, who, at the time the offence was committed was in-charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other officer shall be proceeded
against and punished accordingly.
Explanation – For the purpose of this section.-
"company" means any body corporate and includes a firm or other association of individuals; and
"director", in relation to a firm, means a partner in the firm.
8. Offences to be cognizable and bailable.-(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2of 1974) , an offence punishable under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
9. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie
against the Central Government or any State Government or any officer of the Central Government
or any State Government for anything which is in good faith done or intended to be done under this
Act.
10. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the manner in which the seizure of advertisement or other articles shall be made, and the
manner in which the seizure list shall be prepared and delivered to the person from whose custody
any advertisement or other article has been seized;
any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session for a total period of thirty days, which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive session aforesaid, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
********

UNIT-III PARTICULAR AND GENERAL OFFENCES
DOWRY DEATH-
Dowry Deaths in India!
Dowry deaths are deaths of young women who are murdered or driven to suicide by continuous
harassment and torture by husbands and in-laws in an effort to extort an increased dowry.
Dowry deaths are found in India, Pakistan, Bangladesh, and Iran. India reports the highest total
number of dowry deaths with 8,391 such deaths reported in 2010, 1.4 deaths per 100,000 women.
Adjusted for population, Pakistan, with 2,000 reported such deaths per year, has the highest rate of
dowry death at 2.45 per 100,000 women. Dowry death is considered one of the many categories
of violence against women, alongside rape, bride burning, eve teasing, andacid throwing.
The first campaign of the contemporary feminist movement was against dowry. Dowry is the sum of all
the money as well as other items such as jewellery, car, furniture, and house, etc., given by the bride’s
family to the groom and his family. It was in Hyderabad in 1975 that the Progressive Organization of
Women organized formal protests against dowry.
These protests were not allowed to grow into full-fledged campaigns because of the imposition of
the Emergency in 1975. After the Emergency was lifted in 1977, a new movement against dowry
started in Delhi. This movement focused upon the violence inflicted upon women for dowry,
including bride burning and abetment to suicide.
Death of young married women within the family had long been treated as “accidental” and recorded
as “suicides”. The women’s movement drew the link between demands for dowry and the deaths.
They demanded re-categorizations of such deaths as “murder” and not “suicide”.
Delhi has remained the place for sustained agitation against dowry and related issues. This may be
because Delhi has witnessed a high number of dowry deaths and dowry harassment cases. There
have been protests and movements against dowry demand and dowry deaths in many states across
India.
The Mahila Dakshata Samiti was the first women’s organization in Delhi’s contemporary feminist
movement to take up the issue of dowry harassment and dowry deaths. In June 1979, another
women’s organization, Stri Sangharsh drew public attention to the problem of dowry and dowry-
related crimes by organizing a demonstration against the death of Tarvinder Kaur, who had given a
dying statement blaming her in-laws for killing her, as her parents could not fulfill their ever-
increasing demands for dowry.
This demonstration gained wide, publicity, and resulted, in a number of demonstrations against
dowry deaths, including a large demonstration led by the Nari Raksha Samiti (Women’s Rescue
Committee). These demonstrations sparked off public debates on dowry and dowry-related crimes.
Death of women by fire (doused in kerosene and set on fire) was termed suicide, and many of these
cases were not reported. Even suicides were not considered to be the result of harassment for
dowry. These deaths were neither investigated nor categorized by the authorities.
They were considered to be private family affairs, and authorities did not interfere in such family
matters. But as a result of the demonstrations and agitations in Delhi and other parts of the country,
this problem was brought to the attention of the authorities as well as the public. This made the
public realize that many official female suicides were, in fact, deaths due to dowry harassments.
There was an increase in the number of complaints with the police against dowry harassment.
Feminist organizations tried to help by recording the dying declaration of women, testimonies of
family members, and encouraged friends and neighbors to come forward with their testimonies and
evidence.
Feminist groups devised strategies to increase public awareness regarding the problem of dowry,
dowry harassment, and dowry deaths. This included organizing debates, public demonstrations and
enacting street plays. Manushi, a Delhi-based feminist magazine, organized a number of public
meetings. People, both women and men, were encouraged to make a pledge that they would neither
take nor give dowry.
The government passed a law against dowry and related crimes in 1980. This law declared/treated
abetment to suicide arising from of dowry demands as a special crime. It made a police investigation
into the death of any woman within five years of marriage mandatory.
However, though the law recognized that dowry harassment could be construed as abetment, it did
not specify the kinds of evidence that could be used to prove harassment, nor did it make abetment a
cognizable (liable to be judicially examined or tried) offence. In 1982, the first positive judgment of
this law took place. A Delhi Sessions Court magistrate found two people guilty of dowry murder and
sentenced them to death. In 1983, the Delhi High Court reversed this judgment.
There were widespread protests and demonstrations against this judgment. In 1985, the Supreme
Court upheld the verdict, but converted the verdict from death sentence to life imprisonment. In the
same year, the Criminal Law (Second Amendment) Act was passed. This made cruelty to a wife a
cognizable, non-bailable offence, punishable by up to three years imprisonment and fine.
The Act also redefined cruelty to include mental as well as physical harassment. Section 113-A of the
Evidence Act was also amended to enable the court to draw an inference of abetment to suicide.
Technically, this shifted the burden of proof and thus lessened the burden upon the complainant.
The Act also amended Section 174 of the Criminal Procedure Code, which makes a postmortem of
the body of a woman who dies within seven years of marriage compulsory.
In spite of these laws being passed, it has been difficult to secure convictions for dowry deaths.
Hearsay evidence is not enough to be accepted as evidence for conviction. Women themselves
hesitate to bring charges against their husbands and in-laws. Moreover, postmortem reports need
not necessarily show evidence of murder.
It is difficult to prove that kerosene burns are the result of intention to murder. Moreover, there are
still many loopholes in the laws regarding dowry, and most culprits manage to get away without
detection. Feminists discovered that though they could muster massive public support for
campaigns against certain crimes against women, it was very difficult to get the support of the legal
system for their efforts
CONCLUSION_- Most dowry deaths occur when the young woman, unable to bear the harassment
and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes
the woman is killed by setting herself on fire; this is known as "bride burning", and sometimes
disguised as suicide or accident. Death by burning of Indian women have been more frequently
attributed to dowry conflicts In dowry deaths, the groom’s family is the perpetrator of murder or
suicide.
India has by far the highest number of dowry related deaths in the world according to Indian
National Crime Record Bureau. In 2012, 8,233 dowry death cases were reported across India. This
means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000
women in India. For contextual reference, the United Nations reports a worldwide average female
homicide rate of 3.6 per 100,000 women, and an average of 1.6 homicides per 100,000 women
forNorthern Europe in 2012. Although India's dowry death rate per 100,000 is lower than
equivalent rate for Pakistan and Bangladesh, it is a significant social issue in India.
According to a 1996 report by Indian police, every year it receives over 2,500 reports of bride-
burning. The Indian National Crime Records Bureau (NCRB) reports that there were about 8331
dowry death cases registered in India in 2011. Incidents of dowry deaths during the year 2008
(8172) have increased by 14.4 per cent over 1998 level (7146), while India's population grew at
17.6% over the 10-year period. The accuracy of these figures have received a great deal of scrutiny
from critics who believe dowry deaths are consistently under-reported.
Dowry deaths in India is not limited to Hindus or any specific religion. The ratio of dowry deaths are
about the same as the ratio of population in India by religions.
Prohibition
The Dowry Prohibition Act 1961, prohibits the request, payment or acceptance of a dowry, "as
consideration for the marriage", where "dowry" is defined as a gift demanded or given as a
precondition for a marriage. Gifts given without a precondition are not considered dowry, and are
legal. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of
up to 5000 (US$75, £53 or A$100). It replaced several pieces of anti-dowry legislation that had been
enacted by various Indian states. Murder and suicide under compulsion are addressed by India's
criminal penal code.
Indian women's rights activists campaigned for more than 40 years to contain dowry deaths, such as
the Dowry Prohibition Act 1961 and the more stringent Section 498a of Indian Penal Code (enacted
in 1983). Under the Protection of Women from Domestic Violence Act 2005 (PWDVA), a woman can
put a stop to the dowry harassment by approaching a domestic violence protection officer
********
ASSAULT
Legal provisions regarding Assault under section 351 of Indian Penal Code, 1860.
I) Assault:
As per Tomlins Law Dictionary, assault is “An attempt with force and violence, to do corporal hurt to
another as by striking at him with or without a weapon. But no words whatsoever, be they ever so
provoking can amount to an assault, notwithstanding the many ancient opinions to the contrary”.
An assault is (a) an attempt unlawfully to apply any of the least actual force to the person of another
directly or indirectly; (b) the act of using a gesture towards another, giving him reasonable grounds
to believe that the person using that gesture meant to apply such actual force to his person as
aforesaid; (c) the act of depriving another of his liberty, in either case, without the consent of the
person assaulted, or with such consent if it is obtained by fraud.
Section 351 of the Indian Penal Code provides that: “Whoever makes any gesture, or any preparation
intending or knowing it to be likely that such gesture or preparation will cause any person present
to apprehend that he who makes that gesture or preparation is about to use criminal force to that
person, is said to commit an assault.
II) Explanation:-
Mere words do not amount to an assault. But the words which a person uses may give to his gestures
or preparation such a meaning as may make those gestures or preparations amount to an assault.
III) Illustrations:
a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe
that A is about to strike Z. A has committed an assault.
b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may
thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault
upon Z.
c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could
in no case amount to an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the words may amount to
an assault.”
IV) ESSENTIALS OF ASSAULT-

The essential ingredients of an assault are:
1) That the accused should make a gesture or preparation to use criminal force;
2) Such gesture or preparation should be made in the presence of the person in respect of whom it is
made;
3) There should be intention or knowledge on the part of the accused that such gesture or
preparation would cause apprehension in the mind of the victim that criminal force would be used
against him;
4) Such gesture or preparation has actually caused apprehension in the mind of the victim, of use of
criminal force against him.
Assault is generally understood to mean the use of criminal force against a person, causing some
bodily injury or pain. But, legally, ‘assault’ denotes the preparatory acts which cause apprehension of
use of criminal force against the person. Assault falls short of actual use of criminal force. An assault
is then nothing more than a threat of violence exhibiting an intention to use criminal force
accompanied with present ability to effect the purpose.
According to Section 351 of the Code, the mere gesture or preparation with the intention of
knowledge that it is likely to cause apprehension in the mind of the victim, amounts to an offence of
assault. The explanation to Section 351 provides that mere words do not amount to assault, unless
the words are used in aid of the gesture or preparation which amounts to assault.
The apprehension of the use of criminal force must be from the person making the gesture or
preparation, but if it arises from some other person it would not be assault on the part of that
person, but from somebody else, it does not amount to assault on the part of that person.
V) INSTANCES OF ASSAULT-
The following have been held to be instances of assault:
i) Lifting one’s lota or lathi
ii) Throwing brick into another’s house
iii) Fetching a sword and advancing with it towards the victim
iv) Pointing of a gun, whether loaded or unloaded, at a person at a short distance
v) Advancing with a threatening attitude to strike blows.
Though mere preparation to commit a crime is not punishable, yet preparation with the intention
specified in this section amounts to an assault.
VI) CONCLUSION-
Another essential requirement of assault is that the person threatened should be present and near
enough to apprehend danger. At the same time there must have been present ability in the assailant
to give effect to his words or gestures.
If a person standing in the compartment of a running train, makes threatening gesture at a person
standing on the station platform, the gesture will not amount to assault, for the person has no
present ability to effectuate his purpose.
The question whether a particular act amounts to an assault or not depends on whether the act has
caused reasonable apprehension in the mind of the person that criminal force was imminent. The
words or the action should not be threat of assault at some future point in time. The apprehension of
use of criminal force against the person should be in the present and immediate.
The gist of the offence of assault is the intention or knowledge that the gesture or preparations made
by the accused would caused such effect upon the mind of another that he would apprehend that
criminal force was about to be used against him. Illustration (b) to Section 351 exemplifies that
although mere preparation to commit a crime is not punishable yet preparation with intention
specified in Section 351 amounts to assault.
The offence under Section 351 is non-cognizable, bailable, compoundable, and triable by any
Magistrate.
********

UNNATURAL OFFENCES –
I) Unnatural offences
Unnatural offences are covered in IPC under section 377. Section 377 of the IPC states that “
whoever voluntarily has carnal intercourse against the order of nature with any man, woman or
animal, shall be punished with imprisonment for life, or with imprisonment of either description for
a term which may extend to ten years, and shall be liable to fine”. As per the explanation provided
under this section penetration is sufficient to constitute the carnal intercourse. This section
corresponds to the offences of sodomy and bestiality under the English law. As evident from the
language of this section, consent is wholly immaterial in the case of unnatural offences and the party
consenting would be equally liable as an abettor. This section is very vague as what is against the
order of nature is not possible to define objectively. What is natural and what is not is a subject of
debate and has led to much confusion. As per this section homosexuality is construed as an
unnatural offence as it is considered to be against the order of nature. This has led to many
controversies and has led to questions regarding the constitutional validity of this section. Thus, in
order to determine the constitutional validity of this section and the reasons for its incorporation in
the IPC it is important to look at its historical basis.
The various ingredients of this offence can be understood as follows:
 “Voluntarily”: This requires that the unnatural offence must be accompanied by intention.
 “has carnal intercourse”: This requires that the act is committed (actus reus); mere intention is not
sufficient.
 “Against the order of nature”: This part is subject to various interpretations by the court. The Court
in Khanu vs Emperor laid down that, “the natural object of sexual intercourse is that there should be
the possibility of conception of human beings..’ The court then defined sexual intercourse as “the
temporary visitation of one organism by a member of the other organism, for certain clearly defined
and limited objects”. Thus any sexual activity the natural object of which is not conception is against
the order of nature. This section was read by courts to criminalize bestiality, child sexual abuse and
consensual homosexual intercourse. The section as interpreted by the courts from time to time
initially punished only anal sex as unnatural. Slowly cases such as Khanu vs Emperor also held oral
sex as unnatural. The present interpretations have even covered penile penetration of other artificial
orifices like between the thighs or folded palms as unnatural.
II) History of the legislation

The Indian Penal Code was drafted by Lord Macaulay and was introduced in 1861 during the British
time. Thus, it has been largely influenced by the British laws. What was considered crime in Britain
at that time was also been made crime under IPC to a large extent. “Acts of sodomy were penalized
by hanging under the Buggery Act of 1533 which was re-enacted in 1563 by Queen Elizabeth I, after
which it became the charter for the subsequent criminalisation of sodomy in the British
colonies”. Thus, Section 377 of Indian Penal Code derives its origin from the Buggery Act of 1533. It
is important to note here that this law has not been amended by Parliament ever since its enactment.
This law is based on Judeo-Christian moral and ethical standards which conceive of sex on purely
functional terms, that is, for procreation and on this basis homosexuality is considered as unnatural
and against the order of nature.
For the purpose of implementation of Section 377 it becomes important to determine what is
natural and what is unnatural. Also, it becomes necessary to determine whether homosexuality is
against the order of nature or not.
III) Natural v. unnatural

The Black’s law dictionary define natural as (1) “A fundamental quality that distinguishes one thing
from another; the essence of something. (2) Something pure or true as distinguished from something
artificial or contrived. (3) The basic instincts or impulses of someone or something”. To determine
what is natural, functional basis is cited which basically means that every instrument or organ of the
body has a particular function to perform, and therefore, using such an organ for a purpose
inconsistent with its principal function is unnatural. As per this logic, every form of sex other than
penile vaginal will be considered as unnatural. The same logic is used to denounce anything other
than procreative sex as unnatural. This logic though prima facie illogical has been endorsed by
courts in various cases. In Khanu v Emperor it was held that “the natural object of carnal intercourse
is that there should be the possibility of conception of human beings, which in the case of coitus per
os is impossible”. The courts in India have interpreted the term “carnal intercourse against the order
of nature” so broadly that it now includes from oral and anal sex to penetration into artificial orifices
such as folded palms or between thighs. Such a wide application of section 377 where the language
itself is not very clear has led to arbitrary application of the law and thus questions were raised
regarding the constitutional validity of this section. Apart from this, section 377 clearly makes
homosexuality illegal on the ground that it is against the order of nature. This has also led to various
controversies in view of recognition of right to freedom as a fundamental human right, it is
considered world over that criminalization of homosexual acts is a clear violation of right to
privacy. In view of arbitrariness of section 377 and violation of basic fundamental rights the
constitutional validity of this section was challenged in the court.
IV) Constitutional validity

The constitutional validity of section 377 was challenged in the Delhi High Court in the case of Naz
Foundation v Government of Delhi & Ors. In this case it was argued that s 377 on account of coverning
consensual sexual intercourse between two adults in private, is violative of the fundamental rights
guaranteed in Articles 14, 15, 19 and 21 of the Constitution. It was also contended that Article 21 can
be curtailed only in case of compelling state interest which is missing in this case. The petitioner also
contended that the legislative intent behind section 377 is based on stereotypes that are outmoded
and have no historical or logical backing. They also argued that the expression “sex” as used in
Article 15 also includes “sexual orientation” and thus according to Article 15 there can be no
discrimination on the basis of sexual orientation. Broadly they prayed before the court that section
377 of IPC should be declared ultra vires to the constitution, insofar it criminalizes consensual sexual
acts of adults.
The two wings of Union of India filed completely counter affidavit in this case. The Ministry of Home
Affairs sought to justify the retention of section 377 on the grounds of public health, public
disapproval, and social disgust of the act. On the other hand, The Ministry of Health & Family
Welfare supported the claim of petitioners stating that the presence of section 377 in the statute
book has hampered the HIV/AIDS prevention efforts and that its deletion would help in treating
homosexuals suffering from HIV/AIDS.
The Delhi High Court rejected the contention of Ministry of Home Affairs on the ground that popular
morality or public disapproval cannot be a valid ground for restricting the right under Article 14 and
21. The court stated that if there is any type of morality that can pass the test of compelling state
interest, it must be constitutional morality and not public morality. India is a land of unity in
diversity and our constitution drafters recognised this idea and incorporated it in our constitution in
the form of various articles which recognises, protects and celebrates diversity. Section 377 of IPC by
criminalising homosexuals only on account of their sexual orientation violates the constitutional
morality. In the end, court accepted all the contentions of the petitioners and declared the part of
section 377 ultra vires which criminalised consensual sexual acts of adults in private. However, the
court also ruled out that the provisions of section 377 will still continue to govern non-consensual
penile non-vaginal sex involving minors.
This order of the Delhi High Court was challenged before the Supreme Court in the case ofSuresh
Kumar koushal and another v Naz Foundation & others by groups of religious bodies and individuals
including the All India Muslim Personal Law Board, the Apostolic Churches Alliance and the Utkal
Christian Council. They contended that section 377 was enacted by the legislature to protect social
values and morals. The Supreme Court accepted this contention and set aside the order of the High
court. The court stated that every legislation enacted by the Parliament or State legislature carries
with it a presumption of constitutionality. This principal also applies to pre-constitutional laws. If no
amendment is made to a particular law it may suggest that the legislature deems it fit and leave the
law as it is. Post-independence almost 30 amendments in the IPC have been made in the IPC
including amendments in the chapter of sexual offences under which unnatural offences
fall. “However, the Legislature has chosen not to amend the law or revisit it. This shows that
Parliament, which is undisputedly the representative body of the people of India, has not thought it
proper to delete the provision”. The court ultimately declared section 377 to be constitutionally
valid. However, the court left it opens for the Legislature to delete or amend the law.
The Naz foundation has filed a curative petition challenging this judgement of Supreme Court. The
matter is sub judice before the Supreme Court. However, as of now, section 377 is constitutionally
valid and homosexuality is treated as an unnatural offence. Since, this section is operative as of now
it becomes pertinent to see the sentencing policy in cases of unnatural offence.
V) Legal battle surrounding Section 377 of IPC

As per the data homosexuals have suffered and have been targeted the most during the
implementation of this section. This led to a legal battle to decide the fate of this section.
The legal battle surrounding this section started with the petition by Naz Foundation before the High
Court of Delhi. The Delhi High court in Naz Foundation v NCT of Delhi read down the section to not
to apply to consensual private sexual acts but still be applicable to non-consensual acts. Thus the
effect of the decision was that homosexual acts are not illegal.
But this judgment was reversed by the Supreme Court in Suresh Kumar Koushal[3]judgment which
upheld the constitutional validity of section 377 and recriminalized consensual private sexual acts
against the order of nature.
VI)`A wife can file a case against her husband under section 377
In the words of the SC “the Section 377 IPC does not criminalize a particular people or identity or
orientation. It merely identifies certain acts which if committed would constitute an offence. Such a
prohibition regulates sexual conduct regardless of gender identity and orientation.” Thus section 377
covers homosexuals and heterosexuals alike and the carnal intercourse against the order of nature
among heterosexuals would be punished in the same manner.
A wife can file a case against her husband for unnatural sexual offences under section 377 of IPC. As
the section punishes sexual intercourse against the order of nature irrespective of the sexual
orientation or gender identity of the individuals, thus even if such acts are done by heterosexual
couples; they can be punished under section 377. Further even if the victim consented (irrespective
of the age) to the act then also the offender can be punished under this section. The consent is
immaterial for the application of section 377 and an unlawful act cannot be legitimized by the
consent of the victim.
A number of cases have come up where either the wife or the girlfriend has filed a case against her
partner for unnatural sexual acts under section 377. A woman in her twenties kept a record of anal
and oral sex with her husband and then filed for divorce. Another woman filed a case under section
377 against the person with whom she had been into extra-marital relationship; when her
relationship was disclosed to her husband.
The legislation is both useful as well as capable of misuse. It is useful in the sense that since marital
rape is not an offence in India, so the Indian women would have a way out to get their husbands
punished when they perform unnatural sexual acts on them. This section would act as a tool in the
hands of Indian married women suffering under their cruel husbands.

On the other hand section 377 is also capable of huge misuse as consent is an irrelevant criterion to
judge the application of this section. Thus the complainant’s consent to the unnatural sexual act
would not save the person from going to jail.
[1] Khanu v. Emperor , AIR 1925 Sind 286
[2] Naz Foundation (India) Trust v. Government of NCT of Delhi and Ors. [Writ Petition (Civil) No.
4755 of 2001]
[3] Suresh Kumar Koushal & Ors. v. Naz Foundation (India ) Trust & Ors.[Special Leave Petition
(Civil) No. 15436 of 2009]
VII) Sentencing policy

The punishment in case of unnatural offences is as severe as that of rape. Unnatural offences cover
all form of penetration other than penile vaginal and consent is immaterial in case of unnatural
offences. The punishment may extend to imprisonment for life or imprisonment up to ten years and
fine. In Norshiwan Irani, it was held that in case of offences made punishable under section 377, it is
necessary that penetration, however little, must be proved strictly.
The age of the accused is a determining factor while giving punishment. In the case of Raju v State of
Haryana, the appellant who was 20/21 years old was found guilty of committing sodomy upon a
female of 9 years and sentenced to three years imprisonment. The court taking into consideration
the nature of the offence and age of the appellant held that the accused should be kept in an
environment of institution other than jail to ponder and repent over his perversity. Along with age,
chances of reformation of accused are also an important factor in determination of sentence. In Amit
v State of UP, the accused committed unnatural sex with a minor girl of aged 3 years and later killed
him. The trial court imposed death penalty for the offence of murder. The Supreme Court converted
the death sentence of the accused into imprisonment for life on the ground that accused was a young
person aged about 28 years only. Also, there was no evidence to show that he had committed similar
offences before and there was also nothing on evidence to show that he is likely to repeat similar
crimes in future. The court held that given a chance, he may reform over a period of years.
The intention of the accused is also a determining factor while giving punishment. Also, the age of
the victim plays a role while convicting. In the case of Ou v The State of Maharashtra, the accused
tried to penetrate inside a 14 months old child. The complete penetration did not happen because
the child cried out in pain which was heard by outsiders and also her mother in the adjoining house
and they prevented further harm. The intention to commit the act was clearly seen in this case. The
court also stated that “the extremely tender age of the child makes the acts of the accused even more
deplorable calling for stringent punishment”. The accused was sentenced to life imprisonment by the
lower courts. However, the Supreme Court modified the punishment and reduced it to 10 years
because the act of the accused was stopped in between and there was no complete penetration.
Consent is wholly immaterial in the determination of offence; however, in some cases it works as a
mitigating factor. In the case of Fazal Rab Choudhary, to men were engaged in a consensual
relationship. The lower courts sentenced the accused to a rigorous imprisonment of three years. The
accused filed a special leave petition in the Supreme Court demanding reduction of sentence. In this
case, there was no force used and the act was consensual. The court held that in judging the
depravity of the action for determining quantum of sentence, all aspects of the matter including the
nature of the offence and whether any force was used by the accused must be taken into account.
In Chittranjan Das v State of Uttar Pradesh, the accused who was a highly qualified individual
suffering from mental aberration committed the offence of sodomy. The Supreme Court while
confirming the conviction reduced the sentence to a period of two months in view of loss of service
as a result of conviction of the appellant.
Thus, while convicting an accused under section 377 of IPC all the factors are taken into account
which includes nature of the crime, age of the victim and accused, chances of reformation,
consequence of the conviction, consent of the victim.
VI) Proposal for reform

As already stated above, the language of the section 377 is very vague and arbitrary. It is impossible
to determine what the order of nature is and what is not. In view of such vagueness, homosexuality
has also been treated as against the order of nature. The judgement given by the Delhi High Court in
Naz foundation case was a very laudable judgement. I would suggest reforms on the line of Delhi
High Court judgement but with a different reasoning. Delhi High Court judgement essentially ruled
out that parts of section 377 are unconstitutional as they violate articles 14, 15 and 21 of the
constitution. The Delhi High Court never stated that homosexuality is not against the order of
nature; it rather stated that section 377 violates the fundamental rights of same sex adults who have
consensual relationship. I would suggest that section 377 should be struck down as a whole as the
term order of nature is very arbitrary and vague and its meaning is not capable of being made
certain. In cases of sexual acts such as paedophilia and bestiality, new provisions should be enacted.
The scope of Section 375 should be enlarged so as to include sexual assaults against both boys and
girls and the meaning of penetration should be enlarged so as to include forms of penetration other
than penile vaginal. In the case of minors, section 377 is ineffective as penetration is required to
constitute offence under it. Parliament has however enacted Protection of Children from Sexual
Offences Act, 2012 which also covers sexual abuse against children.
********


UNIT-IV SPECIAL OFFENDING ACT
IMMORAL TRAFFICKING-
Introduction
Bill No. 58 of 1954
With a view to implement International Convention signed at New York on the 9th May, 1950, " THE
SUPPRESSION OF IMMORAL TRAFFIC IN WOMAN AND GIRLS BILL, 1950" was introduced in the Lok
Sabha on the 20th December, 1954, by the then Minister K.N. Katju.
STATEMENT OF OBJECTS AND REASONS2:
1. In 1950 the Government of India ratified an International Convention for the Suppression of
Immoral Traffic in Persons and the Exploitation of the Prostitution of others. Under Article 23 of the
Convention, traffic in human beings is prohibited and any contravention of the prohibition is an
offence punishable by law. Under Article 35 such a law has to be passed by Parliament as soon as
may be after the commencement of the Constitution.
2. Legislation on the subject of suppression of immoral traffic does exist in a few States but the laws are
neither uniform nor do they go far enough. In the remaining States there is no bar on the subject at
all.
3. In the circumstances it is necessary and desirable that a Central law should be passed which will not
only secure uniformity but also would be sufficiently deterrent for the purpose. But a special feature
of the Bill is that it provides that no person or authority other than the State Government shall
establish or maintain any protective home except under a license issued by the State Government.
This will check the establishment of homes which are really dens for prostitution."
REPORT OF SELECT COMMITTEE:

The Select Committee submitted "THE SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS
BILL, 1956 (58A of 1956) along with its Report dated 20/11/1956 to the Lok Sabha on the 21st
November, 1956.
PRINCIPAL ACT
The Suppression of Immoral Traffic in Women and Girls Bill, 1954 as amended by the Select
Committee vide its Bill No.58 of 1956 and as passed by Parliament received the assent of the
President and soon thereafter became an Act of Parliament under the Short title and Number "THE
SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS ACT, 1956 (104 of 1956)" on the 31st
December, 1956.
Sections 2 to 25 of the Act came into force in the whole of India on the Ist May, 1958, vide the Central
Government's Notification No.GSR 269 dated 14/4/1958.
The Act was extended,-
a. to the Union Territory of Dadra and Nagar Haveli by Section 2/Sch. I of the Dadra Nagar Haveli
(Laws) Regulation, 1963 (6 of 1963);
b. to the Union Territory of Goa, Daman and Diu by Section 2/Sch.of the Goa, Daman and Diu (Laws)
No.2 Ordinance, 1963 (11 of 1963); and
c. to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (28 of
1968).
PROSTITUTION IN INDIA-
In India, prostitution (the exchange of sexual services for money) itself is not illegal, but a number of
related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel,
prostitution in a hotel, pimping andpandering, are crimes. Prostitution is legal only if carried out
in private residence of a prostitute or others.

Legal status
The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral
Traffic (Suppression) Act (SITA). According to this law, prostitutes can practise their trade privately
but cannot legally solicit customers in public. A BBC article, however, mentions that prostitution is
illegal in India; the Indian law does not refer to the practice of selling one's own sexual service as
"prostitution". Clients can be punished for sexual activity in proximity to a public place. Organised
prostitution (brothels, prostitution rings, pimping, etc.) is illegal. As long as it is done individually
and voluntarily, a woman (male prostitution is not recognised in any law in India but even
consensual anal intercourse is illegal under section 377 of the Indian Penal Code) can use her body
in exchange for material benefit. In particular, the law forbids a sex worker to carry on her
profession within 200 yards of a public place. Unlike as is the case with other professions, sex
workers are not protected under normal labour laws, but they possess the right to rescue and
rehabilitation if they desire and possess all the rights of other citizens.
In practice SITA is not commonly used. The Indian Penal Code (IPC) which predates the SITA is often
used to charge sex workers with vague crimes such as "public indecency" or being a "public
nuisance" without explicitly defining what these consist of. Recently the old law has been amended
as The Immoral Traffic (Prevention) Act or PITA. Attempts to amend this to criminalise clients have
been opposed by the Health Ministry, and has encountered considerable opposition. In a positive
development in the improvement of the lives of female sex workers in Calcutta, a state-owned
insurance company has provided life insurance to 250 individuals.
Over the years, India has seen a growing mandate to legalise prostitution, to avoid exploitation of sex
workers and their children by middlemen and in the wake of a growing HIV/AIDS menace.
Immoral Traffic (Prevention)Act, 1956.

[30th. December, 1956.]
An Act to provide in pursuance of the International Convention signed at New York on the 9th day of
May, 1950, for 2[the Prevention of immoral traffic].
Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called 3[the Immoral Traffic
(Prevention)]Act, 1956.
(2) It extends to the whole of India.
(3) This section shall come into force at once; and the remaining provisions of this Act shall come
into force on such date4 as the Central Government may, by notification in the Official Gazette,
appoint.
2. Definitions. - In this Act, unless the context otherwise requires -
(a) "brothel" includes any house room, [ conveyance] or place or any portion of any house, room, [
conveyance] or place, which is used for purposes [ of sexual exploitation or abuse] for the gain of
another person or for the mutual gain of two or more prostitutes;
[(aa) "child" means a person who has not completed the age of sixteen years;]
[[(b)]" corrective institution" means an institution, by whatever name called (being an institution
established or licensed as such under section 21), in which [persons], who are in need of correction,
may be detained under this Act, and includes a shelter where [undertrials] may be kept in pursuance
of this Act;]
5X X X X X
[(c) "magistrate" means a magistrate specified in the second column of the Schedule as being
competent to exercise the powers conferred by the section in which the expression occurs and
which is specified in the first column of the Schedule;]
7[(ca) "major" means a person who has completed the age of eighteen years;
(cb) "minor" means a person who has completed the age of sixteen years but has not completed the
age of eighteen years;]

(d) "prescribed" means prescribed by rules made under this Act;
XXXXX
[ (f) "prostitution" means the sexual exploitation or abuse of persons for commercial purposes, and
the expression "prostitute" shall be construed accordingly;]
(g) "protective home" means an institution by whatever name called (being an institution
established or licensed as such under Section 21), in which 11[persons], who are in need of care and
protection, may be kept under this Act 12[and where appropriate technically qualified persons,
equipment and other facilities have been provided], but does not include-
i.a shelter where [undertrials] may be kept in pursuance of this Act, or
ii. a corrective institution;]
(h) "public place" means any place intended for use by, or accessible to, the public and includes any
public conveyance;
(i) "special police officer" means a police officer appointed by or on behalf of the State Government
to be in charge of police duties within a specified area for the purpose of this Act;
[(i) "trafficking police officer" means a police officer appointed by the Central Government under
sub-section (4) of section 13.
3. Punishment for keeping a brothel or allowing premises to be used as a brothel. (1) Any person
who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be
punishable on first conviction with rigorous imprisonment for a term of not less than one year and
not more than three years and also with fine which may extend to two thousand rupees and in the
event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than
two years and not more than five years and also with fine which may extend to two thousand rupees.
(2) Any person who-
a. being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any
other person to use, such premises or any part thereof as a brothel, or
b. being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord,
lets the same or any part thereof with the knowledge that the same or any part thereof is intended to
be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel,
shall be punishable on first conviction with imprisonment for a term which may extend to two years
and with fine which may extend to two thousand rupees and in the event of a second or subsequent
conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.
[(2A) For the purposes of sub-section (2) it shall be presumed until the contrary is proved, that any
person referred to in clause(a) or clause(b) of that sub-section, is knowingly allowing the premises
or any part thereof to be used as a brothel or, as the case maybe, has knowledge that the premises or
any part thereof are being used as a brothel, if, -
a. a report is published in a newspaper having circulation in the area in which such person resides to
the effect that the premises or any part thereof have been found to be used for prostitution as a
result of a search made under this Act; or
b. a copy of the list of all things found during the search referred to in clause (a) is given to such
person].
(3) Notwithstanding anything contained in any other law for the time being in force, on conviction of
any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under that sub-
section in respect of any premises or any part thereof, any lease or agreement under which such
premises have been leased out or are held or occupied at the time of the commission of the offence,
shall become void and inoperative with effect from the date of the said conviction.
4. Punishment for living on the earnings of prostitution. - (1) Any person over the age of eighteen
years who knowingly lives, wholly or in part, on the earnings of the prostitution of [any other
person] shall be punishable with imprisonment for a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both [and where such earnings relate to the
prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than
seven years and not more than ten years].
[(2) Where any person over the age of eighteen years is proved -
a. to be living with, or to be habitually in the company of, a prostitute; or
b. to have exercised control, direction or influence over the movements of a prostitute in such a
manner as to show that such person is aiding, abetting or compelling her prostitution; or
c. to be acting as a tout or pimp on behalf of a prostitute,
it shall be presumed, until the contrary is proved, that such person is knowingly living on the
earnings of prostitution of another person within the meanings of Sub-section (1).]
5. Procuring, including or taking person for the sake of prostitution. -
(1) Any person who -
. procures or attempts to procure a [person], whether with or without his consent, for the purpose of
prostitution; or
a. includes a [person]to go from any place, with the intent that he, may for the purpose of prostitution
become the inmate of or frequent, a brothel; or
b. takes or attempts to take a [person], or causes a [ person] to be taken, from one place to another
with a view to his carrying on or being brought up to carry on prostitution; or
c. causes or induces a [person] to carry on prostitution;
[ shall be punishable on conviction with rigorous imprisonment for a term of not less than three
years and not more than seven years and also with fine which may extend to two thousand rupees,
and if any offence under this sub-section is committed against the will of any person, the punishment
of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years
:
Provided that if the person of whom an offence committed under this sub-section,-
iv.is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for
a term of not less than seven years but may extend to life; and
v. is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment
for a term of not less than seven years and not more than fourteen years].
XXXXX
(3) An offence under this section shall be triable -
f.in the place from which a 1[person]is procured, induced to go, taken or caused to be taken or from
which an attempt to procure or take such 1[person] is made; or
g. in the place to which he may have gone as a result of the inducement or to which he is taken or
caused to be taken or an attempt to take him is made.
6. Detaining a person in premises where prostitution is carried on. -
(1) Any person who detains 2[any other person, whether with or without his consent], -
a. in any brothel, or
b. in or upon any premises with intent 2[that such person may have sexual intercourse with a person
who is not the spouse of such person]
shall be punishable [on conviction, 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 :
Provided that the court may, for adequate and special reasons to be mentioned in the judgement,
impose a sentence of imprisonment for a term of less than seven years].
[(2) Where any person is found with a child in a brothel, it shall be presumed, unless the contrary is
proved, that he has committed an offence under sub-section (1).
(2A) Where a child or minor found in a brothel, is on medical examination, detected to have been
sexually abused, it shall be presumed unless the contrary is proved, that the child or minor has been

detained for purposes of prostitution or, as the case may be, has been sexually exploited for
commercial purposes].
(3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for
the purpose of sexual intercourse with a man other than her lawful husband, if such person, with
intent to compel or induce her to remain there, -
c. withholds from her any jewellery, wearing apparel, money or other property belonging to
her, or
d. threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel,
money or other property lent or supplied to her by or by the direction of such person.
(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie
against such woman or girl at the instance of the person by whom she has been detained, for the
recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to
or for such woman or girl or to have been pledged by such woman or girl or the recovery of any
money alleged to be payable by such woman or girl.
7. Prostitution in or in the vicinity of public places. [(1) Any [person], who carries on prostitution
and the person with whom such prostitution is carried on, in any premises,-
a. which are within the area or areas, notified under sub-section (3), or
b. which are within a distance of two hundred metres of any place of public religious worship,
educational institution, hostel, hospital, nursing home or such other public place of any kind as may
be notified in this behalf by the Commissioner of Police or Magistrate in the manner prescribed,
shall be punishable with imprisonment for a term which may extend to three months].
[ (1A) Where an offence committed under sub-section (1) is in respect of a child or minor, the person
committing the offence shall be punishable 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:
Provided that the court may, for adequate and special reasons to be mentioned in the judgement
(2) Any person who-
c. being the keeper of any public place knowingly permits prostitution for purposes of their
trade to resort to or remain in such place; or
d. being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (1)
knowingly permits the same or any part thereof to be used for prostitution; or
e. being the owner, lessor or landlord, of any premises referred to in sub-section (1) or the agent of
such owner, lessor or landlord, lets the same or any part thereof may be used for prostitution, or is
wilfully a party to such use,
shall be punishable on first conviction with imprisonment for a term which may extend to three
months or with fine which may extend to two hundred rupees, or with both, and in the event of a
second or subsequent conviction with imprisonment for a term which may extend to six months and
also with fine [which may extend to two hundred rupees, and if the public place or premises happen
to be a hotel, the license for carrying on the business of such hotel under any law for the time being
in force shall also be liable to be suspended for a period of not less than three months but which may
extend to one year:
Provided that if an offence committed under this sub-section is in respect of a child or minor in a
hotel, such license shall also be liable to be cancelled.
Explanation.- For the purposes of this sub-section, "Hotel" shall have the meaning as in clause (6) of
Section 2 of the Hotel-Receipts Tax Act, 1980 (54 of 1980)].
[(3) The State Government may, having regard to the kinds of persons frequenting any area or areas
in the State, the nature and the density of population therein and other relevant considerations, by
notification in the Official Gazette, direct that prostitution shall not be carried on in such area or
areas as may be specified in the notification.
(4) Where a notification is issued under sub-section (3) in respect of any area or areas, the State
Government shall define the limits of such area or areas in the notification with reasonable
certainity.
(5) No such notification shall be issued so as to have effect from a date earlier than the expiry of a
period of ninety days after the date on which it is issued.
8. Seducing or soliciting for purpose of prostitution. - Whoever, in any public place or within sight
of, and in such manner as to be seen or heard from, any public place, whether from within any
building or house or not -
a. by words, gestures, wilful exposure of her person (whether by sitting by a window or on the balcony
of a building or house or in any other way), or otherwise tempts or endeavours to tempt, or attracts
or endeavours to attract the attention of, any person for the purpose of prostitution; or
b. solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance
to persons residing nearby or passing by such public place or to offend against public decency, for
the purpose of prostitution,
shall be punishable on first conviction, with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both, and in the event of a
second or subsequent conviction, with imprisonment for a term which may extend to five hundred
rupees, and also with fine which may extend to five hundred rupees :
[ Provided that where an offence under this section is committed by a man he shall be punishable
with imprisonment for a period of not less than seven days but which may extend to three months.
9. Seduction of a person in custody. - 2X X X X Any person who 3[having the custody, charge or care
of, or a position of authority over any 4[person], causes or aids or abets the seduction for
prostitution of that 4[person] 5[shall be punishable on conviction 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:
Provided that the court may, for adequate and special reasons to be mentioned in the judgement,
[10. [ Release on probation of good conduct or after due admonition].

Rep. by Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986), s.
13 (w.e.f. 26-1-1987).
10A. Detention in a corrective institution. (1) Where-
a. a female offender is found guilty of an offence under Section 7 or section 8, and
b. the character, state of health and mental condition of the offender and the other circumstances of the
case are such that it is expedient that she should be subjected to detention for such term and such
instruction and discipline as are conducive to her correction,
it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in
a corrective institution for such term, not being less than two years and not being more than five
years, as the court thinks fit :
Provided that before passing such an order -
i.the court shall give an opportunity to the offender to be heard and shall also consider any
representation which the offender may make to the court as to the suitability of the case for
treatment in such an institution, as also the report of the probation officer appointed under the
Probation of Offenders Act, 1958 (20 of 1958); and
ii. the court shall record that it is satisfied that the character, state of health and mental condition of the
offender and the other circumstances of the case are such that the offender is likely to benefit by
such instruction and discipline as aforesaid.
(2) Subject to the provisions of sub-section (3), the provisions of the Code of Criminal Procedure,
1973 (2 of 1974), relating to appeal, reference and revision and of the Limitation Act 1963 (36 of
1963), as to the period within which an appeal shall be filed, shall apply in relation to an order of
detention under sub-section (1) as if the order had been a sentence of imprisonment for the same
period as the period for which the detention was ordered.
(3) Subject to such rules as may be made in this behalf, the State Government or authority
authorised in this behalf may, at any time after the expiration of six months from the date of an order
for detention in a corrective institution if it is satisfied that there is a reasonable probability that the
offender will lead a useful and industrious life, discharge her from such an institution, without
condition or with such conditions as may be considered fit, and grant her a written license in such
form as may be prescribed.
(4) The conditions on which an offender is discharged under sub-section (3) may include
requirements relating to residence of the offender and supervision over the offender's activities and
movements.
11. Notification of address of previously convicted offenders. - (1) When any person having been
convicted -
a. by a court in India of an offence punishable under this Act or punishable under Section 363, Section
365, Section 366, Section 366A, Section 366B, Section 367, Section 368, Section 370, Section 371,
Section 372 or Section 373 of the Indian Penal Code (45 of 1860), with imprisonment for a term of
two years or upwards; or
b. by a court or tribunal in any other country of an offence which would, if committed in India, have
been punishable under this Act or under any of the aforesaid sections with imprisonment for a life
term,
is within a period of five years after release from prison, again convicted of any offence punishable
under this Act or under any of those sections with imprisonment for a term of two years or upwards
by a court, such court may, if it thinks fit, at the time of passing the sentence of imprisonment on
such person, also order that his residence, and any change of, or absence from such residence after
release be notified according to rules made under Section 23 for a period not exceeding five years
from the date of expiration of that sentence.
(2) If such conviction is set aside on appeal or otherwise, such order shall become void.
(3) An order under this section may also be made by an Appellate Court or by the High Court when
exercising its powers or revision.
(4) Any person charged with a breach of any rule referred to in sub-section (1) may be tried by a
Magistrate of competent jurisdiction in the district in which the place last notified as his residence is
situated.
12. [Security for good behaviour from habitual offenders.] Rep. by the Suppression of Immoral
Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986) s. 13 (w.e.f. 26-1-1987).
13. Special police officer and advisory body. - (1) There shall be for each area to be specified by the
State Government in this behalf a special police officer appointed by or on behalf of that government
for dealing with offences under this Act in that area.
[(2) The special police officer shall not be below the rank of an Inspector of Police.
(2A) The District Magistrate may if he considers it necessary or expedient so to do, confer upon any
retired police or military officer all or any of the powers conferred by or under this Act on a special
police officer, with respect to particular cases or classes of cases or to cases generally :
Provided that no such power shall be conferred on -
a. a retired police officer unless such officer, at the time of his retirement, was holding a post not below
the rank of an inspector;
b. a retired military officer unless such officer, at the time if his retirement, was holding a post not
below the rank of a commissioned officer].
(3) For the efficient discharge of his functions in relation to offences under this Act-

c. the special police officer of an area shall be assisted by such number of subordinate police
officers (including women police officers wherever practicable) as the State Government may think
fit; and
d. the State Government may associate with the special police officer a non-official advisory body
consisting of not more than five leading social welfare workers of that area (including women social
welfare workers wherever practicable) to advise him on questions of general importance regarding
the working of this Act.
[(4) The Central Government may, for the purpose of investigating any offence under this Act or
under any other law for the time being in force dealing with sexual exploitation of persons and
committed in more than one State, appoint such number of police officers as trafficking police
officers and they shall exercise all the powers and discharge all the functions as are exercisable by
special police officers under this Act with the modification that they shall exercise such powers and
discharge such functions in relation to the whole of India].
14. Offences to be cognizable. - Notwithstanding anything contained in 1[ the Code of Criminal
Procedure, 1973 ( 2 of 1974)] any offence punishable under this Act shall be deemed to be a
cognizable offence within the meaning of that Code:
Provided that, notwithstanding anything contained in that Code,-
i.arrest without warrant may be made only by special police officer or under his direction or
guidance, or subject to his prior approval;
ii. when the special police officer requires any officer subordinate to him to arrest without warrant
otherwise than in his presence any person for an offence under this Act, he shall give that
subordinate officer an order in writing, specifying the person to be arrested and the offence for
which the arrest is being made; and the latter officer before arresting the person shall inform him of
the substance of the order and, on being required by such person, show him the order;
iii. any police officer not below the rank of 2[ sub-inspector] specially authorised by the special police
officer may, if he has reason to believe that on account of delay involved in obtaining the order of the
special police officer, any valuable evidence relating to any offence under this Act is likely to be
destroyed or concealed, or the person who has committed or is suspected to have committed
the offence is likely to escape, or if the name and address of such a person is unknown or there is
reason to suspect that a false name or address has been given, arrest the person concerned without
such order, but in such a case he shall report, as soon as may be, to the special police officer the
arrest and the circumstances in which the arrest was made.
15. Search without warrant. - (1) Notwithstanding anything contained in any other law for the time
being in force, whenever the special police officer [ or the trafficking police officer, as the case may
be,] has reasonable grounds for believing that an offence punishable under this Act has been or is
being committed in respect of a [ person] living in any premises, and that search of the premises
with warrant cannot be made without undue delay, such officer may, after recording the grounds of
his belief, enter and search such premises without a warrant.
(2) Before making a search under sub-section (1), the special police officer [ or the trafficking police
officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of
whom shall be a women) of the locality in which the place to be searched is situated, to attend and
witness the search, and may issue an order in writing to them or any of them so to do :
[Provided that the requirement as to the respectable inhabitants being from the locality in which
place to be searched is situate shall not apply to a woman required to attend and witness the
search].
(3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search
under this section, when called upon to do so by an order in writing delivered or tendered to him,
shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of
1860).

[(4) The special police officer or the trafficking police officer, as the case may be, entering any
premises under sub-section(1 ) shall be entitled to remove therefrom all the persons found therein].
(5) The special police officer 1[or the trafficking police officer, as the case may be ,] after removing 5[
the 2[person]] under Sub-section (4) shall forthwith produce him before the appropriate Magistrate.
[(5A) Any person who is produced before a Magistrate under sub-section (5), shall be examined by a
registered medical practitioner for the purposes of determination of the age of such person, or for
the detection of any injuries as a result of sexual abuse or for the presence of any sexually
transmitted diseases.
Explanation.- In this sub-section, "registered medical practitioner " has the same meaning as in the
Indian Medical Council Act, 1956 (102 of 1956)].
(6) The special police officer [or the trafficking police officer, as the case may be,] and other persons
taking part in , or attending, and witnessing a search shall not be liable to any civil or criminal
proceedings against them in respect of anything lawfully done in connection with, or for the purpose
of the search.
[(6A) The special police officer or the trafficking police officer, as the case may be, making a search
under this section shall be accompanied by at least two women police officers, and where any
women or girl removed under sub-section (4) is required to be interrogated, it shall be done by a
woman police officer and if no woman police officer is available, the interrogation shall be done only
in the presence of a lady member of a recognised welfare institution or organisation.
Explanation .- For the purposes of this sub-section and section 17A, "recognised welfare institution
or organisation " means such institution or organisation as may be recognised in this behalf by the
State Government.]
[ (7) The provisions of the Code of Criminal Procedure, 1973, (2 of 1974) shall so far as may be apply
to any search made under this section as they apply to any search under the authority of a warrant
issued under section 94 of the said Code].
[ 16. Rescue of person.- (1) Where a magistrate has reason to believe from information received
from the police or from any other person authorised by the State Government in this behalf or
otherwise, that [any person is living, or is carrying on or is being made to carry on, prostitution in a
brothel,] he may direct a police officer not below the rank of a sub-inspector to enter such brothel,
and to remove therefrom such [person] and produce him before him.
(2) The police officer, after removing the 3[person], shall forthwith produce him before the
magistrate issuing the order.
[17.A Conditions to be observed before placing persons rescued under section 16 to parents or
guardians.- Notwithstanding anything contained in sub-section (2) of section 17, the magistrate
making an inquiry under section 17 may, before passing an order for handing over any person
rescued under section 16 to the parents, guardian or husband, satisfy himself about the capacity or
genuineness of the parents, guardian or husband to keep such person by causing an investigation to
be made by a recognised welfare institution or organisation.]
Closure of brothel and eviction of offenders from the premises.- (1) A magistrate may, on receipt of
information from the police or otherwise, that any house , room, place or any portion thereof within
a distance of 3[two hundred meters] of any public place referred to in sub-section (1) of section 7, is
being run or used as a brothel by any person or is being used by prostitutes for carrying on their
trade, issue notice on the owner, lessor or landlord of such house, room, place, portion or the agent
of the owner, lessor or landlord or on tenant, lessee, occupier of, or any other person in charge of
such house, room, place, or portion, to show cause within seven days of the receipt of the notice why
the same should not be attached for improper uses thereof; and if, after hearing the person
concerned, the magistrate is satisfied that the house, room, place or portion is being used as a
brothel or for carrying on prostitution, then the magistrate may pass orders -

. directing eviction of the occupier within seven days of the passing of the order from the house,
room, place or portion;
a. directing that before letting it out during the period of one year 1[ , or in a case where a child or
minor has been found in such house, room, place or portion during a search under section 15, during
the period of three years,] immediately after the passing of the order, the owner, lessor or landlord
or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate :
Provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the
owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he
may cause the same, to be restored to the owner, lessor or landlord, or the agent of the owner, lessor
or landlord, with a direction that the house, room, place or portion shall not be leased out, or
otherwise given possession of, to or for the benefit of the person who was allowing the improper
user therein.
(2) A court convicting a person of any offence under section 3 or section 7 may pass orders under
sub-section (1), without further notice such person to show cause as required in that sub-section.
(3) Orders passed by the magistrate or court under sub-section(1) or sub-section(2) shall not be
subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and
the said orders shall cease to have validity after the 2[expiry of one year or three years , as the case
may be ]
b. Provided that where a conviction under section 3 or section7 is set aside on appeal on the ground
that such house, room, place or any portion thereof is not being run or used as a brothel or is not
being used by prostitutes for carrying on their trade, any order passed by the trial court under sub-
section (1) shall also be set aside.
(4) Notwithstanding anything contained in any other law for the time being in force, when a
magistrate passes an order under sub-section (1), or a court passes an order under sub-section (2),
any lease or agreement under which the house, room, place or portion is occupied at the time shall
become void and inoperative.
(5) When an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply
with a direction given under clause (b) of sub-section (1) he shall be punishable with fine which may
extend to five hundred rupees or when he fails to comply with a direction under the proviso to that
sub-section, he shall be deemed to have committed an offence under clause (b) of sub-section (2) of
section 3 or clause (c) of sub-section (2) of section 7, as the case may be, and punished accordingly.
[ 19. Application for being kept in a protective home or provided home or provided care and
protection by court.- (1) A 2[person] who is carrying on or is being made to carry on prostitution,
may make an application to the magistrate within the local limits of whose jurisdiction he is carrying
on, or is being made to carry on prostitution, for an order that he may be -
c. kept in a protective home, or
d. provided care and protection by the court in the manner specified in sub-section (3).
(2) The Magistrate may, pending inquiry under sub-section (3), direct that the [person] be kept in
such custody as he may consider proper, having regard to the circumstances of the case.
(3) If the magistrate, after hearing the applicant and making such inquiry as he may consider
necessary, including an inquiry by a probation officer appointed under the Probation of Offenders
Act, 1958 (20 of 1958), into the personality, conditions of home and prospects of rehabilitation of
the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be
recorded, make an order that the applicant be kept, -
v. in a protective home, or
vi. in a corrective institution, or
vii. under the supervision of a person appointed by the magistrate, for such period as may be specified
in the order].

20. Removal of prostitute from any place.- (1) A magistrate on receiving information that
any 1[person] residing in or frequenting any place within the local limits of his jurisdiction is a
prostitute, may record the substance of the information received and issue a notice to such 1[person]
requiring him to appear before the magistrate and show cause why he should not be required to
remove himself from the place and be prohibited from re-entering it.
(2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record
aforesaid, and the copy shall be served along with the notice on the 1[person] against whom the
notice is issued.
(3) The magistrate shall after the service of the notice referred to in sub-section (2), proceed to
inquire into the truth of the information received, and after giving the 1[person] an opportunity of
adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to
him that such 1[person] is a prostitute and that it is necessary in the interests of the general public
that such 1[person] should be required to remove himself therefrom and be prohibited from re-
entering the same, the magistrate shall, by order in writing communicated to the [person] in the
manner specified therein, require him after a date (to be specified in the order) which shall not be
less than seven days from the date of the order, to remove himself from the place to such place
whether within or without the local limits of his jurisdiction, by such route or routes and within such
time as may be specified in the order and also prohibit from re-entering the place without the
permission in writing of the magistrate having jurisdiction over such place.
(4) Whoever -
. fails to comply with an order issued under this section, within the period specified therein, or whilst
an order prohibiting him from re-entering a place without permission is in force, re-enters the place
without such permission, or
a. knowing that any [person] has, under this section, been required to remove himself from the place
and has not obtained the requisite permission to re-enter it, harbours or conceals such [person] in
the place,
shall be punishable with fine which may extend to two hundred rupees and in the case of continuing
offence with an additional fine which may extend to twenty rupees for every day after the first
during which he has persisted in the offence.
21. Protective Homes. - (1) The State Government may in its discretion establish 2[as many
protective homes and corrective institutions under this Act as it thinks fit and such homes and
institutions], when established, shall be maintained in such manner as may be prescribed.
(2) No person or authority other than the State Government shall after the commencement of this
Act, establish or maintain any 2[protective home or corrective institution] except under and in
accordance with the conditions of, a license issued under this section by the State Government.
(3) The State Government may, on application made to it in this behalf by a person or authority,
issue to such person or authority a license in the prescribed form for establishing and maintaining
or, as the case may be, for maintaining a 1[protective home or corrective institution] and a license so
issued may contain such conditions as the State Government may think fit to impose in accordance
with the rules made under this Act :
Provided that any such condition may require that the management of the [protective home or
corrective institution] shall, wherever practicable, be entrusted to women :
Provided further that a person or authority maintaining any protective home at the commencement
of this Act shall be allowed a period of six months from such commencement to make an application
for such license :
2[Provided
also that a person or authority maintaining any corrective institution at the
commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978

(46 of 1978), shall be allowed a period of six months from such commencement to make an
application for such license].
(4) Before issuing a license the State Government may require such officer or authority as it may
appoint for this purpose, to make a full and complete investigation in respect of the application
received in this behalf and report to it the result of such investigation and in making any such
investigation the officer or authority shall follow such procedure as may be prescribed.
(5) A license, unless sooner revoked, shall remain in force for such period as may be specified in the
license and may, on application made in this behalf at least thirty days before the date of its
expiration, be renewed for a like period.
(6) No license issued or renewed under this Act shall be transferable.
(7) Where any person or authority to whom a license has been granted under this Act or any agent
or servant of such person or authority commits a breach of any of the conditions thereof or any of
the provisions of this Act or of any of the rules made under this Act, or where the State Government
is not satisfied with the condition, management or superintendence of any [protective home or
corrective institution], the State Government may, without prejudice to any other penalty which may
have been incurred under this Act, for reasons to be recorded, revoke the license by order in writing:
Provided that no such order shall be made until an opportunity is given to the holder of the license
to show cause why the license shall not be revoked.
(8) Where a license in respect of a [protective home or corrective institution] has been revoked
under the foregoing sub-section such protective home shall cease to function from the date of such
revocation.
(9) Subject to any rules that may be made in this behalf, the State Government may also vary or
amend any license issued or renewed under this Act.
[(9A) The State Government or an authority authorised by it in this behalf may, subject to any rules
that may be made in this behalf, transfer an inmate of a protective home to another protective home
or to a corrective institution or an inmate of a corrective institution to another corrective institution
or to a protective home, where such transfer is considered desirable having regard to the conduct of
the person to be transferred, the kind of training to be imparted and other circumstances of the case:
Provided that., -
b. no [person] who is transferred under this sub-section shall be required to stay in the home or
institution to which he is transferred for a period longer than he was required to stay in the home or
institution from which he was transferred;
c. reasons shall be recorded for every order of transfer under this sub-section].
(10) Whoever establishes or maintains a [protective home or corrective institution] except in
accordance with the provisions of this section, shall be punishable in the case of a first offence with
fine which may extend to one thousand rupees and in the case of second or subsequent offence with
imprisonment for a term which may extend to one year or with fine which may extend to two
thousand rupees, or with both.
1[21A. Production of records. - Every person or authority who is licensed under sub-section (3) of
section 21 to establish or maintain, or as the case may be, for maintaining, a protective home or
corrective institution shall, whenever required by a court, produce the records and other documents
maintained by such home or institution before such court].
22. Trials. - No court inferior to that of 2[a Metropolitan Magistrate
or a Judicial Magistrate of the first class] shall try any offence under section 3, section 4, section 5,
section6, section 7 or section 8.

[22A. Power to establish Special Courts.- (1) If the State Government is satisfied that it is
necessary for the purpose of providing for speedy trial of offences under this Act in any district or
metropolitan area, it may, by notification in the Official Gazette and after consultation with the High
Court, establish one or more Courts of Judicial Magistrates of the first class, or as the case may be,
Metropolitan Magistrates, in such district or metropolitan area.
(2) Unless otherwise directed by the High Court, a court established under sub-section (1) shall
exercise jurisdiction only in respect of cases under this Act.
(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of
a court established under sub-section (1) in any district or metropolitan area shall extend
throughout the district or the metropolitan area, as the case may be.
(4) Subject to the foregoing provisions of this section a court established under sub-section (1) in
any district or metropolitan area shall be deemed to be a court established under sub-section (1) of
section 11, or as the case may be, sub-section (1) of section 16, of the Code of Criminal Procedure
1973 (2 of 1974), and the provisions of the Code shall apply accordingly in relation to such courts.
Explanation- In this section, "High Court" has the same meaning as in clause (e) of section 2 of the
Code of Criminal Procedure 1973 (2 of 1974)].
[22AA. Power of Central Government to establish special courts.-
(1) If the Central Government is satisfied that it is necessary for the purpose of providing for speedy
trial of offences under this Act and committed in more than one state, it may, by notification in the
Official Gazette and after consultation with the High Court concerned, establish one or more courts
of Judicial Magistrates of the first class or Metropolitan Magistrates for the trial of such offences.
(2) The provisions of section 22A, shall so far as may be, apply to the courts established under sub-
section (1) as they apply to courts established under that section].
22B. Power of Court to try cases summarily.- Notwithstanding anything contained in the Code of
Criminal Procedure 1973 ( 2 of 1974), the State Government may, if it considers it necessary so to
do, direct that offences under this Act shall be tried in a summary way by a magistrate [including the
presiding officer of a court established under sub-section (1) of Section 22A] and the provisions of
Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial :
Provided that in the case of any conviction in a summary trial under this section it shall be lawful for
the magistrate to pass a sentence of imprisonment for a term not exceeding one year :
Provided further that when at the commencement of, or in the course of a summary trial under this
section, it appears to the magistrate that the nature of the case is such that a sentence of
imprisonment for a term exceeding one year may have to be passed or that it is, for any other
reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record
an order to that effect and, thereafter, recall any witness, who may have been examined and proceed
to hear or re-hear the case in the manner provided by the said Code].
23. Power to make rules.- (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for -
the notification of any place as a public place;
[(b) the placing in custody of persons for whose safe custody orders have been passed under sub-
section (1) of section 17 and their maintenance;]
[(bb) the discharge of an offender under sub-section (3) of Section 10A from a corrective institution
and the form of license to be granted to such offender;]
[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions
of [persons] under this Act and their maintenance;]
d. the carrying out of the provisions of section 11 regarding notification of residence or change of or
absence from residence by released convicts;
e. the delegation of authority to appoint the special police officer under sub-section (1) of section 13;
f. the carrying into effect of the provisions of section 18;

g. (i) the establishment, maintenance, management and superintendence of protective homes and
corrective institutions under Section 21 and the appointment, powers and duties of persons
employed in such homes or institutions;
ii. the form in which an application for a license may be made and the particulars to be contained in
such application;
iii. the procedure for the issue or renewal of a license, the time within which such license shall be issued
or renewed and the procedure to be followed in making a full and complete investigation in respect
of an application for a license;
iv. the form of license and the conditions to be specified therein;
v. the manner in which the accounts of a protective home and a corrective institution shall be
maintained and audited;
vi. the maintenance of registers and statements by a licensee and the form and such registers and
statements;
vii. the care, treatment, maintenance, training, instruction, control and discipline of the inmates of
protective homes and corrective institutions;
viii. the visits to and communication with such inmates;
ix. the temporary detention of [persons] sentenced to detention in protective homes or in corrective
institutions until arrangements are made for sending them to such homes or institutions;
x. the transfer of an inmate from -
a. one protective home to another or to a corrective institution,
b. one corrective institution to another or to a protective home, under sub-section (9A) of section 21;
the transfer in pursuance of an order of the court from a protective home or a corrective institution
to a prison of a 2[person] found to be incorrigible or exercising bad influence upon other inmates of
the protective home or the corrective institution and the period of his detention in such prison;
the transfer to a protective home or corrective institution of 2[persons] sentenced under Section 7 or
Section 8 and the period of their detention in such home or institution;
the discharge of inmates from a protective home or corrective institution either absolutely or subject
to conditions, and their arrest in the event of breach of such conditions;
the grant of permission to inmates to absent themselves for short periods;
the inspection of protective homes and corrective institutions and other institutions in
which [persons] may be kept, detained and maintained;]
any other matter which has to be, or may be, prescribed.
(3) In making any rule under clause (d) or clause (g) of Sub-section (2) the State Government may
provide that a breach thereof shall be punishable with fine which may provide that breach thereof
shall be punishable with fine which may extend to two hundred and fifty rupees.
(4) All rules made under this Act shall. as soon as may be, after they are made, be laid before the
State Legislature.
24. Act not to be in derogation of certain other Acts.- Nothing in this Act shall be construed to be in
derogation of the provisions of the Reformatory Schools Act, 1897 (8 of 1897), or any State Act
enacted in modification of the said Act or otherwise, relating to juvenile offenders.
25. Repeal and savings.-(1) As from the date of the coming into force in any State of the provisions
other than Section 1 of this Act, all State Acts relating to suppression of immoral traffic in [persons]
or to the prevention of prostitution, in force in that State immediately before such date shall stand
repealed.
(2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything
done or any action taken (including any direction given, any register, rule or order made, any
restriction imposed) under the provisions of such State Act shall in so far such thing or action is not
consistent with the provisions of this Act be deemed to have been done or taken under the
provisions of this Act as if the said provisions were in force when such thing was done or such action
was taken and shall continue in force accordingly until superseded by anything done or any action
taken under this Act.
Explanation.- In this section the expression "State Act" includes a "Provincial Act".
[THE SCHEDULE - [See Section 2(c)]
Section Magistrate competent to exercise the powers
7(1) District Magistrate
11(4) Metropolitan Magistrate or Judicial Magistrate of the first class.
15(5) Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate
or Sub-Divisional Magistrate.
16 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate
18 District Magistrate or Sub-Divisional Magistrate.
19 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate
20 District Magistrate, Sub-Divisional Magistrate or any Executive Magistrate
specially empowered by the State Government.
22B Metropolitan Magistrate or Judicial Magistrate of the first class.]
Immoral Traffic (Prevention) Act - ITPA

The Immoral Traffic (Prevention) Act or ITPA is a 1986 amendment of legislation passed in 1956 as
a result of the signing by India of the United Nations' declaration in 1950 in New York on the
suppression of trafficking. The act, then called the All India Suppression of Immoral Traffic Act
(SITA), was amended to the current law. The laws were intended as a means of limiting and
eventually abolishing prostitution in India by gradually criminalising various aspects of sex work.
The main points of the PITA are as follows:
 Sex Workers: A prostitute who seduces or solicits shall be prosecuted. Similarly, call girls can not
publish phone numbers to the public. (imprisonment up to 6 months with fine, point 8)
Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of
up to 3 months with fine, point 7)
 Clients: A client is guilty of consorting with prostitutes and can be charged if he engages in sex acts
with a sex worker within 200 yards of a public place or "notified area". (Imprisonment of up to 3
months, point 7) The client may also be punished if the sex worker is below 18 years of age. (From 7
to 10 years of imprisonment, whether with a child or a minor, point 7)
 Pimps and babus: Babus or pimps or live-in lovers who live off a prostitute's earnings are guilty of a
crime. Any adult male living with a prostitute is assumed to be guilty unless he can prove otherwise.
(Imprisonment of up to 2 years with fine, point 4)
 Brothel: Landlords and brothel-keepers can be prosecuted, maintaining a brothel is illegal. (From 1
to 3 years imprisonment with fine for first offence, point 3) Detaining someone at a brothel for the
purpose of sexual exploitation can lead to prosecution. (Imprisonment of more than 7 years, point 6)
Prostitution in a hotel is also a criminal offence.
 Procuring and trafficking: A person procures or attempts to procure anybody is liable to be
punished. Also a person who moves a person from one place to another, (human trafficking), can be
prosecuted similarly. (From 3 to 7 years imprisonment with fine, point 5)
 Rescued Women: The government is legally obligated to provide rescue and rehabilitation in a
"protective home" for any sex worker requesting assistance. (Point 21)
Public place in context of this law includes places of public religious worship, educational
institutions, hostels, hospitals etc. A "notified area" is a place which is declared to be "prostitution-
free" by the state government under the PITA. Brothel in context of this law, is a place which has two
or more sex workers (2a). Prostitution itself is not an offence under this law, but soliciting, brothels,
madams and pimps are illegal.
The Immoral Traffic (Prevention) Amendment Bill, 2006
The Bill was introduced in the Lok Sabha on May 22, 2006. The Bill has been referred to the
Parliamentary Standing Committee on Human Resource Development (Chairperson: Shri Janardan
Dwivedi).
Highlights of the Bill
 The Immoral Traffic (Prevention) Amendment Bill, 2006 amends the Immoral Traffic (Prevention)
Act, 1956 to combat trafficking and sexual exploitation for commercial purposes.
 The Bill deletes provisions that penalised prostitutes for soliciting clients. It penalises any person
visiting a brothel for the purpose of sexual exploitation of trafficked victims.
 All offences listed in the Bill would be tried in camera, i.e., the public would be excluded from
attending the trial.
 The term “trafficking in persons” has been defined with a provision for punishing any person who is
guilty of the offence of trafficking in persons for the purpose of prostitution.
 The Bill constitutes authorities at the centre and state level to combat trafficking.
Key Issues and Analysis
 While prostitution is not an offence, practicing it in a brothel or within 200 m of any public place is
illegal. There seems to be a lack of clarity on whether prostitution ought to be a legitimate way of
earning a living if entered into by choice.
 Penalising clients who visit prostitutes could drive this sector underground, preventing legal
channels of support to victims of trafficking.
 This Bill punishes trafficking for the purpose of prostitution. Trafficking for other purposes (such as
bonded labour and domestic work) are not covered by the Bill.
 The rank of special police officer, who would enforce the Act, is lowered from Inspector to Sub-
Inspector. Such powers delegated to junior officers could lead to greater harassment.
 The Bill constitutes authorities at the centre and state level to combat trafficking. However, it does
not elaborate on the role, function and composition of these authorities.
********

FEMALE FOETICIDE-
Female foeticide in India
Female foeticide in India is the act of killing a female foetus outside of the legal channels of
abortion. It occurs in India for assumed cultural reasons that span centuries.
The frequency of female foeticide in India is assumed to be an estimation derived from its high birth
sex ratio, that is the ratio of boys to girls at birth. The natural ratio is assumed to be between 103 to
107, and any number above it is considered as suggestive of female foeticide. According to the
decennial Indian census, the sex ratio in the 0 to 6 age group in India has risen from 102.4 males per
100 females in 1961, to 104.2 in 1980, to 107.5 in 2001, to 108.9 in 2011.[2]
The child sex ratio is within the normal natural range in all eastern and southern states of India, but
significantly higher in certain western and particularly northwestern states such
as Punjab, Haryana and Jammu & Kashmir (118, 120 and 116, as of 2011, respectively). The western
states of Maharashtra and Rajasthan 2011 census found a child sex ratio of 113, Gujarat at 112 and
Uttar Pradesh at 111.
The Indian census data suggests there is a positive correlation between abnormal sex ratio and
better socio-economic status and literacy. This may be connected to the dowry system in India
where dowry deaths occur when a girl is seen as a financial burden. Urban India has higher child sex
ratio than rural India according to 1991, 2001 and 2011 Census data, implying higher prevalence of
female foeticide in urban India. Similarly, child sex ratio greater than 115 boys per 100 girls is found
in regions where the predominant majority is Hindu, Muslim, Sikh or Christian; furthermore
"normal" child sex ratio of 104 to 106 boys per 100 girls are also found in regions where the
predominant majority is Hindu, Muslim, Sikh or Christian. These data contradict any hypotheses that
may suggest that sex selection is an archaic practice which takes place among uneducated, poor
sections or particular religion of the Indian society.
There is an ongoing debate as to whether these high sex ratios are only caused by female foeticide or
some of the higher ratio is explained by natural causes. The Indian government has passed Pre-
Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT) in 1994 to ban and punish prenatal
sex screening and female foeticide. It is currently illegal in India to determine or disclose sex of the
foetus to anyone. However, there are concerns that PCPNDT Act has been poorly enforced by
authorities.
Male to female sex ratio for India, based on its official census data, from 1941 through 2011. The
data suggests the existence of high sex ratios before and after the arrival of ultrasound-based
prenatal care and sex screening technologies in India.
Female foeticide has been linked to the arrival, in the early 1990s, of
affordable ultrasound technology and its widespread adoption in India. Obstetric ultrasonography,
either transvaginally or transabdominally, checks for various markers of fetal sex. It can be

performed at or after week 12 of pregnancy. At this point, 3⁄4 of fetal sexes can be correctly
determined, according to a 2001 study.[22] Accuracy for males is approximately 50% and for females
almost 100%. When performed after week 13 of pregnancy, ultrasonography gives an accurate
result in almost 100% of cases.
Availability
Ultrasound technology arrived in China and India in 1979, but its expansion was slower in India.
Ultrasound sex discernment technologies were first introduced in major cities of India in 1980s, its
use expanded in India's urban regions in 1990s, and became widespread in 2000s.
THE REASONS FOR KILLING FEMALE FETUSES AREN’T QUITE AS DIVERSE AS ONE MAY
EXPECT-
 "Male Children are a Better Investment." The main reason is the idea that the male offspring will
better support the family. Since sons are seen as the main source of income, even though today,
women have many career options, the common misconception still remains that it is the male who
will help run the house and look after his parents, while women are viewed as being like cargo,
something to be shipped off to another household.
 "Female Children Are a Gamble." In India, the age-old dowry system puts a damper on the spirits
of those who are blessed with a girl child. When a girl is born, the parents begin to calculate the
expense of her future marriage, the lump sum that will paid to the future groom's family. They worry
that currency may depreciate and inflation may skyrocket. Because of this, the birth of a girl is seen
as a tragedy waiting to happen.
 Women Don't Have Status in Society. As a result of institutional and cultural sexism, female
children and adults have less power, status, rights, and money. Even as adults, it's harder for females
to take care of or make decisions for themselves. Centuries of repression have made inferiority
second nature to most women who have been taught the role of the meek, submissive, docile wife
who works relentlessly to cater to the whims of her husband. Female feticide often happens with the
explicit consent of the mother. Even the mothers-to-be agree to this misdeed out of an inherited
cultural bias and a sense of duty to the family.
 Foul Medical Ethics. With the legalization of abortion in India, illegal sex determination and
termination of pregnancies have become everyday realities. Professionals in the medical field are
only too glad to help parents realize their dream of a healthy baby boy. Female feticide is openly
discussed in the medical profession and many pin boards outside clinics have advertisements for
abortion that read, "Pay Rs. 500 [$10 US] today to save the expense of Rs. 500 000 [$10,000 US] in
the future." The cost of an abortion is nothing compared to the expense of having a child, especially a
girl.
 Industrial Growth. Industrialization of the health sector has further established the practice of sex
selective abortion. With the advent of CVS, amniocentesis, and ultrasound, sex determination of the
fetus has become much easier. These manufacturers of high-tech equipment and gadgets benefit
from the preference for male children. Many hospitals are known to sign long-term contracts with
the firms involved in the production of these types of machines. Often, a healthy percentage of the
profit is shared with the hospital, and both parties enjoy the fruits of rewarding a death sentence.
Laws and regulations
India passed its first abortion-related law, the so-called Medical Termination of Pregnancy Act of
1971, making abortion legal in most states, but specified legally acceptable reasons for abortion such
as medical risk to mother and rape. The law also established physicians who can legally provide the
procedure and the facilities where abortions can be performed, but did not anticipate female
foeticide based on technology advances. With increasing availability of sex screening technologies in
India through the 1980s in urban India, and claims of its misuse, the Government of India passed
the Pre-natal Diagnostic Techniques Act (PNDT) in 1994. This law was further amended into the
Pre-Conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)
(PCPNDT) Act in 2004 to deter and punish prenatal sex screening and female foeticide. However,
there are concerns that PCPNDT Act has been poorly enforced by authorities.
The impact of Indian laws on female foeticide and its enforcement is unclear. United Nations
Population Fund and India's National Human Rights Commission, in 2009, asked the Government of
India to assess the impact of the law. The Public Health Foundation of India, an premier research
organization in its 2010 report, claimed a lack of awareness about the Act in parts of India, inactive
role of the Appropriate Authorities, ambiguity among some clinics that offer prenatal care services,
and the role of a few medical practitioners in disregarding the law. The Ministry of Health and
Family Welfare of India has targeted education and media advertisements to reach clinics and
medical professionals to increase awareness. The Indian Medical Association has undertaken efforts
to prevent prenatal sex selection by giving its members Beti Bachao (save the daughter) badges
during its meetings and conferences. However, a recent study by Nandi and Deolalikar (2013)
argues that the 1994 PNDT Act may have had a small impact by preventing 106,000 female
foeticides over one decade.
According to a 2007 study by MacPherson, prenatal Diagnostic Techniques Act (PCPNDT Act) was
highly publicized by NGOs and the government. Many of the ads used depicted abortion as violent,
creating fear of abortion itself within the population. The ads focused on the religious and moral
shame associated with abortion. MacPherson claims this media campaign was not effective because
some perceived this as an attack on their character, leading to many becoming closed off, rather than
opening a dialogue about the issue. This emphasis on morality, claims MacPherson, increased fear
and shame associated with all abortions, leading to an increase in unsafe abortions in India.
The government of India, in a 2011 report, has begun better educating all stakeholders about its
MTP and PCPNDT laws. In its communication campaigns, it is clearing up public misconceptions by
emphasizing that sex determination is illegal, but abortion is legal for certain medical conditions in
India. The government is also supporting implementation of programs and initiatives that seek to
reduce gender discrimination, including media campaign to address the underlying social causes of
sex selection.
The Long-Term Consequences of Aborting Female Fetuses
As Newton’s Third Law of Motion states, "For every action, there is an equal and opposite reaction."
The after-effects of the genocide of female feticide are far-reaching. Blinded by their desire for male
children, the majority of parents are ignorant of the disaster they unwittingly invite by indulging in
female feticide.
 Skewed Sex Ratio: In India, the number of girls is declining with each passing decade. From 962 and
945 girls for every 1000 boys in the years 1981 and 1991 respectively, the ratio plummeted to a low
of 914 girls born for 1000 boys in 2011. In China, the ratio is an alarming 100 girls for 118 boys (or
848 girls for 1000 boys). These are just two examples of nations trapped in vicious abortion cycles,
but there are many other countries struggling with skewed sex ratios, as well. See below for more
statistics from other countries.
 Female/Women Trafficking: The steep decline in the number of girls makes them scarce for the
teaming number of males eligible for marriage. As a result, illegal trafficking of women has become
commonplace in many regions. Women, often young girls who’ve just crossed the threshold of
puberty, are compelled to marry. Many young girls are kidnapped from their parents and sold to the
highest bidder. Child marriages and pregnancies have a devastating consequence. When a region
participates in the trade of its female population, the present and future psychological cost is
alarming.
 Increase in Rape and Assault: Once women become an endangered species, the instances of rape,
assault, and violence become widespread. When there are fewer available females, the surviving
ones will be faced with the reality of handling a society driven by a testosterone high. The legal
system may offer protection and, as is the situation today, many crimes may not ever surface for fear
of isolation, humiliation, and punishment on the girl’s part.
 Population Decline: With no mothers to bear children (male or female), there will be fewer births,
leading to a decline in population. Though population control is currently the goal of many nations
like China and India, a total wipeout of one sex is not the way to achieve this target.
Is an Imbalance in the Number of Females Born a Real Problem?
Yes, indeed. When calculated for the entire population, the widespread disparity is more visible and
alarming and may prove critical for the country’s development in political, economic, and emotional
spheres. The sex ratios of other countries are listed below:
Vietnam: 892 females /1000 males
South Korea: 934 females /1000 males
USA: 962 females /1000 males
Canada: 943 females /1000 males
UK: 952 females /1000 males
Sri Lanka: 961 females /1000 males
Response from others

Increasing awareness of the problem has led to multiple campaigns by celebrities and journalists to
combat sex-selective abortions. Aamir Khan devoted the first episode "Daughters Are Precious" of
his show Satyamev Jayate to raise awareness of this widespread practice, focusing primarily on
Western Rajastan, which is known to be one of the areas where this practice is common. Its sex ratio
dropped to 883 girls per 1,000 boys in 2011 from 901 girls to 1000 boys in 2001. Rapid response
was shown by local government in Rajastan after the airing of this show, showing the effect of media
and nationwide awareness on the issue. A vow was made by officials to set up fast-track courts to
punish those who practice sex-based abortion. They cancelled the licences of six sonography centres
and issued notices to over 20 others.
This has been done on the smaller scale. Cultural intervention has been addressed through theatre.
Plays such as 'Pacha Mannu', which is about female infanticide/foeticide, has been produced by a
women's theatre group in Tamil Nadu. This play was showing mostly in communities that practice
female infanticide/foeticide and has led to a redefinition of a methodology of consciousness raising,
opening up varied ways of understanding and subverting cultural expressions.
The Mumbai High Court ruled that prenatal sex determination implied female foeticide. Sex
determination violated a woman's right to live and was against India's Constitution.
The Beti Bachao, or Save girls campaign, has been underway in many Indian communities since the
early 2000s. The campaign uses the media to raise awareness of the gender disparities creating, and
resulting from, sex-selective abortion. Beti Bachao activities include rallies, posters, short videos and
television commercials, some of which are sponsored by state and local governments and other
organisations. Many celebrities in India have publicly supported the Beti Bachao campaign.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of

the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India.
The act banned prenatal sex determination.
This process began in the early 1990s when ultrasound techniques gained widespread use in India.
There was a tendency for families to continuously produce children until a male child was
born.[1] Foetal sex determination and sex selective abortion by medical professionals has today
grown into a Rs. 1,000 crore industry (US$ 244 million). Social discrimination against women and
apreference for sons have promoted female foeticide in various forms skewing the sex ratio of the
country towards men.[2] According to the decennial Indian census, the sex ratio in the 0-6 age group
in India went from 104.0 males per 100 females in 1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4
in 2011. The ratio is significantly higher in certain states such as Punjab and Haryana (126.1 and
122.0, as of 2001).[3]

Objectives[edit]
The main purpose of enacting the act is to ban the use of sex selection techniques before or after
conception and prevent the misuse of prenatal diagnostic technique for sex selective abortion.
Salient features
Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique
in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose
other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound
machine or any other equipment capable of detecting sex of the foetus. Main provisions in the act
are…
1. The Act provides for the prohibition of sex selection, before or after conception.
2. It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by
allowing them their use only to detect :
1. genetic abnormalities
2. metabolic disorders
3. chromosomal abnormalities
4. certain congenital malformations
5. haemoglobinopathies
6. sex linked disorders.
3. No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of
determining the sex of the foetus.
4. No person, including the one who is conducting the procedure as per the law, will communicate the
sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
5. Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities
in the form of a notice, circular, label, wrapper or any document, or advertises through interior or
other media in electronic or print form or engages in any visible representation made by means of
hoarding, wall painting, signal, light,sound, smoke or gas, can be imprisoned for up to three years
and fined Rs. 10,000.
Compulsory registration
The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling
centres, genetic laboratories, genetic clinics and ultrasound clinics. [1]
Amendment in 2003
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was
amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex
Selection) Act (PCPNDT Act) to improve the regulation of the technology used in sex selection.
Implications of the amendment are
1. Amendment of the act mainly covered bringing the technique of pre conception sex selection within
the ambit of the act
2. Bringing ultrasound within its ambit
3. Empowering the central supervisory board, constitution of state level supervisory board
4. Provision for more stringent punishments
5. Empowering appropriate authorities with the power of civil court for search, seizure and sealing the
machines and equipments of the violators
6. Regulating the sale of the ultrasound machines only to registered bodies
MEDICAL TERMINATION OF PREGNANCY ACT, 1971

[1Oth August, 1971]

An Act to provide for the termination of certain pregnancies by registered medical practitioners and
for matters connected therewith or incidental thereto
Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:
1. Short title. extent and commencement.-
(1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
3. When pregnancies may be terminated by registered medical practitioners. -
(1) Not with standing anything contained in the Indian Penal Code (45 of 1860), a registered
medical practitioner shall not guilty of any offence under that Code or under any other law for the
time being in force, if any under that pregnancy is terminated by him in accordance with the
provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered
medical practitioner.-
(a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is,
or
(b) Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if
not less than two registered medical practitioners are, of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of
grave injury to her physical or mental health , or
(ii) there is a substantial risk that If the child were born. it would suffer from such physical or mental
abnormalities as to be seriously handicapped.
Explanation 1.- Where any pregnancy is alleged by the pregnant woman to have been caused by
rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the
mental health of the pregnant woman.
Explanation 2.-Where any pregnancy occurs as a result of failure of any device or method used by
any married woman or her husband for the purpose of limiting the number of children, the anguish
caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental
health of the pregnant woman.
(3) In determining whether the continuance of pregnancy would involve such risk of injury to the
health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or
reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having
attained the age of eighteen years. is a lunatic shall be terminated except with the consent in writing
of her guardian.
(b) Save as otherwise provided in CI.(a), no pregnancy shall be terminated except with the consent
of the pregnant woman.
4. Place where pregnancy may be terminated.-
No termination of pregnancy shall be made in accordance with this Act at any place other than,-
(a) a hospital established or maintained by Government, or
(b) a place for the time being approved f6r the purpose of this Act by Government.
5. Sections 3 and 4 when not to apply.-
(1) The provisions of Sec.4 and so much of the provisions of sub-section -(2) of Sec. 3 as relates to
the length of the pregnancy and the opinion of not less than two registered medical the termination
of a pregnancy by the registered medical practitioner in case where he is of opinion, formed in good
faith, that the termination of such pregnancy is immediately necessary to save the life of the
pregnant woman.

(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination of a
pregnancy by a person who is not a registered medical practitioner shall be an offence punishable
under that Code, and that Code shall, to this extent. stand modified.
Explanation.-For the Purposes of this section, so much of the Provisions of Cl.
(d) of Sec 2 as relate to the possession, by a registered medical practitioner, of experience or
training in gynecology and obstetrics shall not apply.
6. Power to make rules.-
(1) 'The Central Government may, by notification in the Official Gazette, make rules to carry out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the forgoing power, such rules may
provide for all or any of the following matters, namely :
(a) the experience or training, or both, which a registered medical practitioner shall have if he
intends to terminate any pregnancy under this Act ; and
(b) such other matters as are required to be or may be, provided by rules made under this Act.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two successive sessions, and if, before the expiry of
the session which it is so laid or the session immediately following, both Houses agree in making
thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however,
7. Power to make regulations.-
(1) The State Government may, by regulations,-
(a) require any such opinion as is referred to in sub-section (2) of Sec. 3 to be certified by a
registered medical practitioner or practitioners concerned in such form and at such time as be
specified in such regulations , and the preservation or disposal of such certificates ;
(b) require any registered medical practitioner, who terminates a pregnancy to give intimation of
such termination and such other information relating to the termination as may be specified in such
regulations;
(c) prohibit the disclosure, except to such Persons and for such purposes as may be specified in such
regulations, of intimations given or information furnished in pursuance of-such regulations.
(3) The intimation given and the information furnished in Pursuance of regulations made by virtue
of CI.(b)of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical
Officer of the State.
(4) Any person who willfully contravenes or willfully fails to comply with the requirements of any
regulation made under sub-section (1) shall be liable to be punished with fine which may extend to
one thousand rupees.
8. Protection of action taken in good faith.-
No suit or other legal proceedings shall lie against any registered medical practitioner for any
damage caused or likely to be caused by anything which is in good faith done or intended to be done
under this Act.
********


KIDNAPPING AND ABDUCTION – NATIONAL PROTECTIONS.
Kidnapping and abduction are particular types of offences under the law of crime. Under these
offences, a person is taken away secretly or forcible without his consent or without the consent of
authorised guardian. Under kidnapping a person is kidnapped from lawful custody. Under section
359 of IPC, there are two types of kidnapping :-
1. Kidnapping from India.
2. Kidnapping from lawful guardianship.
Section 360 : defines that kidnapping from India and section 361 defines that kidnapping from
lawful guardian ship. The offence of abduction is defined under section 362 of IPC.
1. KIDNAPPING FROM INDIA:

Section 360 says that whoever conveys any person beyond the limit of India without the consent of
that person or of any person legally authorised to consent on behalf of that person, is said to kidnap
that person from India. Age limit is immaterial. This has two essentials :
(i) Convey any person beyond the limits of India.
(ii) Such conveying must be without the consent of that person or of the person legally
authorised to give consent on behalf of that person.
2. KIDNAPPING FROM LAWFUL GUARDIANSHIP: SEC.361

Sec. 361 says that whoever takes or entices any minor under sixteen years of age if a male or under
eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful
guardianship of such minor or person of unsound mind, without the consent of such guardian is said
to kidnap such minor or person from lawful guardianship. The word lawful guardian here mans any
person lawfully interested with care or custody of such minor or other person.
3. EXCEPTIONS:- There is one exception of this section, this section does not extend to the act
of any person who in good faith believes himself to be the father of an illegitimate child, or who in
good faith, believes himself to be entitled the lawful custody of such child unless such act is
committed for an immoral or unlawful purpose.
Take or entice away :- Take away or entice away means to induce a person for going to another
place. The object of this Sec. Is to protect minor children from being reduced ( to corrupt) for
improper purpose.
Guadian consent :- The kidnapping must be without the consent of the guardian. The consent may be
expressed or implied. Thus, to attract this sec. there must be taking or enticing away any minor or
unsound mind person out of lawful guardianship.
ABDUCTION
Section 362 says that whoever by force compels or by any deceitful induces any person to go from
any place, is said to abduct that person. This section may read with section 364, 365 and 360.
This section contains two essentials for the offence of abduction :-
1. Forcible compulsion or inducement by deceitful means.
2. The object of such compulsion or inducement must be going of a person from any place. Thus
abduction is an offence under sec.362. If by force a person compels or even by fraudulent means
induce any other person to go from any place taken is called abduction.
PUNISHMENT FOR KIDNAPPING UNDER SEC. 363 :

Whoever kidnaps any person from India or from Lawful guardianship shall be punished with
imprisonment or either description for a term which may extend to seven years and shall be liable to
fine.
DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION:
KIDNAPPING ABDUCTION
1. It is committed only in respect of It is committed in respect of any

A minor under 16 years of age if person of any age.
A male and 18 years of age if a
Female, or a person of unsound
mind.
2. In kidnapping consent of the Consent of the person removed, if
Person enticed is immaterial. Freely and voluntarily given,
Condones the offence.
3. In kidnapping the intention of In abduction intention is a very
The offender is irrelevant. Important factor.
4. It is not a continuing offence. The It is a continuing offence. A

Offence is completed as soon as person is being abducted both
The minor is removed from the when he is first taken from one
Custody of his or her guardian. Place to and also when he is
Removed from one place to
Another
********
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59
UNIT-V CRUELTY AND VIOLENCE

CRUELTY
Section 498 A of IPC-Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term which may extend
to three years and shall also be liable to fine.
Explanation
For the purposes of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or
to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.]
Related Cases / Recent Cases / Case Laws
 K Ravi Kumar v State of Karnataka, Criminal Appeal Jurisdiction, Criminal Appeal No. 2494 OF 2014,
Supreme Court of India judgement dated November 28, 2014
 K Srinivas v K Sunita, Civil Appeal Jurisdiction, Civil Appeal No 1213 OF 2006, Supreme Court of
India judgement dated November 19, 2014
II) Introduction
Sometime back, there was a news item in the papers of a young girl who was burnt alive by her
father and brother brutally just because she had refused to marry the person chosen by her family.
This is the state of affairs of our nation today where countless number of women are being killed in
the name of dowry, honour, domestic violence and what not. According to the 2012 statistics by the
National Crime Records Bureau, 8233 incidences of dowry deaths were reported under section B of
the Indian Penal Code (IPC) and 106527 incidences of cruelty by husband or his relatives under
section 498 A of IPC. India’s constitution guarantees protection to live a life of dignity and respect to
all its citizens, specially the marginalized one’s by virtue of Article 15. Also, India has ratified
International Conventions like Convention for Elimination of all forms of Discrimination against
Women (CEDAW). Hence, India made special provisions for women to address this inequality.
Legislations like Sections 113 B, 498A & 304B of the Indian Penal Code, 1860, Dowry Prohibition Act
(DPA), Protection of Women against Domestic Violence (PWDVA) address violence against women.
These also lay the position that the institutions of marriage and family are not insulated from state
interventions, particularly where there is violence against women within such institutions.
III) Necessity for Section 498A

During the 1980s, dowry deaths were steadily rising in India. Dowry death is the murder of a young
woman; committed by the in-laws, upon non-fulfilment of their coercive demands for money,
articles or property, commonly called as dowry. Cases of cruelty by husband and relatives of the
husband culminating into suicide/ murder of innocent helpless women though constitute only a
small but a gruelling fraction of cases involving cruelty. With the increasing number of dowry deaths
in India, need arose to address the matter in an effective way. Organizations across the country
pressurized and urged the government to provide legislative protection to women against domestic
violence and dowry. The objective was to allow the state to intervene rapidly and prevent the
murders of young girls who were unable to meet the dowry demands of their in-laws. With this
object, the Government of India amended the Indian Penal Code, 1860 (IPC) by way of the Criminal
Law (Second Amendment) Act, 1983 and inserted a new section 498 (A) under Chapter XX-A, Of
Cruelty By Husband Or Relatives Of Husband on 26th December, 1983. The amendment focuses not
only on dowry deaths but also cases of cruelty to married women by their in-laws. Section 498 (A)
IPC is the only section in the IPC that recognizes domestic violence against women as a crime.
Subsequent amendments were also made in the Code of Criminal Procedure, 1973 (CrPC) and the
Indian Evidence Act, 1972 (IEA) by the same amendment on order to effectively deal with cases of
dowry deaths and cruelty to married women by the husband, in laws and relatives.
IV) Ingredients of Section 498 A

“498A. Husband or relative of husband of a woman subjecting her to cruelty–Whoever, being the
husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punishable
with imprisonment for a term which may extend to three years and shall also be liable to
fine. Explanation.-For the purpose of this section, “cruelty” means- (a) any willful conduct which is of
such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of woman; or (b) harassment of the woman where
such harassment is with a view to coercing her or any person related to her to meet any unlawful
demand for any property or valuable security or is on account of failure by her or any person related to
her to meet such demand.” The basic essentials to attract this section are: a) The woman must be
married b) She must be subjected to cruelty or harassment; and c) Such cruelty or harassment
must have been shown either by husband of the woman or by the relative of her husband A bare
glance of the section shows that the word ‘cruelty’ covers any or all of the following elements:
(i) Any ‘willful’ conduct which is of such a nature as is likely to drive the woman to commit
suicide; or (ii) any ‘willful’ conduct which is likely to cause grave injury to the woman; or
(iii) any ‘willful’ act which is likely to cause danger to life, limb or health whether physical or
mental of the woman Also, criminality attached to word ‘harassment’ is free of ‘cruelty’ and
punishable in the following instances: (i) Where the harassment of the woman is with a view to
coercing her or any person related to her to meet any unlawful demand for any property or valuable
security or (ii) Where the harassment is on account of failure by her or any persons related to her
to meet such demand It is evident that neither every cruelty nor harassment has criminal
culpability for the purposes of Section 498-A. In cases of physical violence and infliction of injury
likely to cause grave injury or danger to life, limb or health, the facts speak for themselves. So, we
can see that, this law deals with four types of cruelty: (i) Any conduct that is likely to drive a
woman to suicide, (ii) Any conduct which is likely to cause grave injury to the life, limb or health of
the woman, (iii)Harassment with the purpose of forcing the woman or her relatives to give some
property, or (iv)Harassment because the woman or her relatives are either unable to yield to the
demand for more money or do not give some share of the property.
V) The nature of the offence under Section 498 A is:

 Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty
bound to register and investigate a cognizable offence. 498A is a cognizable offence.
 Non-Bailable: There are two kinds of offences, bailable and non-bailable. 498A is non bailable. This
means that the magistrate has the power to refuse bail and remand a person to judicial or police
custody.
 Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be withdrawn by the
petitioner. The exception is in the state of Andhra Pradesh, where 498A was made compoundable.
Working of Section 498A- Developments
The Supreme Court in Suvetha v. State By Insp.Of Police & Anr. held that: Clause (a) deals with
aggravated forms of cruelty which cause grave injury. Firstly, wilful conduct of such a grave nature
as is likely to drive the woman to commit suicide falls within the ambit of clause (a). The second limb
of clause (a) lays down that willful conduct which causes grave injury or danger to life, limb or
health (whether mental or physical) of the woman is to be regarded as ‘cruelty’. Dowry related
harassment is within clause (b) of the Explanation. When the FIR coupled with the statement of the
victim woman discloses cruelty of grave nature falling within clause (a), the police officer has to act
swiftly and promptly especially if there is evidence of physical violence. In the first instance, proper
medical aid and the assistance of counsellors shall be provided to the aggrieved woman and the
process of investigation should start without any loss of time. A punishment extending to 3 years
and fine has been prescribed. The expression ‘cruelty’ has been defined in wide terms so as to
include inflicting physical or mental harm to the body or health of the woman and indulging in acts
of harassment with a view to coerce her or her relations to meet any unlawful demand for any
property or valuable security. Harassment for dowry falls within the sweep of latter limb of the
section. Creating a situation driving the woman to commit suicide is also one of the ingredients of
‘cruelty’. The offence under S. 498A is cognizable, non-compoundable and non-bailable. In the case
of Ramesh Dalaji Godad v. Sate of Gujrat; the Supreme Court held that to prove that cruelty was
caused under Explanation a) of S.498A IPC it is not important to show or put forth that the woman
was beaten up- abusing her verbally, denying her conjugal rights or even not speaking to her
properly would fall into the ambit of mental cruelty. The Supreme Court in another case [3] stated that
“Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave
injury or danger to life, limb, or health, whether mental or physical of the woman is required to be
established in order to bring home the application of Section 498A IPC”.
VI) Related provisions-

To properly understand the working of this section, following provisions also need to be discussed:
1. Section 113-B of the Indian Evidence Act, 1872
“113-B: Presumption as to dowry death-When the question is whether a person has committed the
dowry death of a woman and it is shown that soon before her death such woman has been subjected
by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court
shall presume that such person had caused the dowry death. Explanation-For the purpose of this
section `dowry death’ shall have the same meaning as in Section have the same meaning as in
Section 304-B of the Indian Penal Code (45 of 1860).” This is a presumptive section which got
inserted in the Evidence Act by Criminal Law (Second Amendment) Act, 1983 side by side the
insertion of Section 498A to the IPC. The period of operation of this section is seven years. Hence,
under this section a presumption arises when a woman committed suicide within a period of seven
years from the date of marriage.
2. Section 306 of the Indian Penal Code
“306: Abetment of suicide.—If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.” The Supreme Court in Sushil Kumar Sharma v. Union of
India And Ors said that: The basic difference between the two Section i.e. Section 306 and Section
498A is that of intention. Under the latter, Cruelty committed by the husband or his relations drag
the women concerned to commit suicide, while under the former provision suicide is abetted and
intended. Consequences of cruelty which are likely to drive a woman to commit suicide or to cause
grave injury or danger to life, limb or health, whether mental or physical of the woman is required to
be established in order to bring home the application of Section 498A IPC. Cruelty has been defined
in the explanation for the purpose of Section 498A. It is to be noted that Sections 304-B and 498A,
IPC cannot be held to be mutually inclusive. These provisions deal with two distinct offences. It is
true that cruelty is a common essential to both the Sections and that has to be proved. The
explanation to Section 498A gives the meaning of `cruelty’. In Section 304- Be there is no such
explanation about the meaning of `cruelty’. But having regard to common background to these
offences it has to be taken that the meaning of `cruelty’ or `harassment’ is the same as prescribed in
the Explanation to Section 498A under which `cruelty’ by itself amounts to an offence. In another
case of State of Himachal Pradesh v. Nikku Ram and Ors., while interpreting the provisions of Section
304-B, 498-A, 306 and 324 IPC the Apex Court observed that harassment to constitute cruelty under
Section 498A explanation (b) must have nexus with the demand of dowry and if this is missing the
case will fall beyond the scope of Section 498A. Pre-condition for attracting the provisions of Section
498A is the demand and if the demand is missing and the cruelty is for the sake of giving torture to
the woman without any nexus with the demand then such a cruelty will not be covered under
explanation (b) under Section 498A IPC. It may be a cruelty under Hindu Marriage Act as held by
Supreme Court in the case of Shobha Rani v. Madhukar Reddi, Apex Court observed that cruelty
under Section 498A IPC is distinct from the cruelty under the Hindu Marriage Act which entitles the
wife to get a decree for dissolution of marriage.
VII) Development of Section 498 A

The section was enacted with the aim to protect women from dowry harassment and domestic
violence. However, more recently, its misuse has become an everyday affair. The Supreme Court,
hence, in the landmark case of Sushil Kumar Sharma v. Union of India condemned this section as
‘Legal Terrorism’. Since cruelty is a ground for divorce under section 13 (1) (ia) of Hindu marriage
Act, 1955. Wives often use this provision in order to threaten husbands. In another case of Preeti
Gupta v. State of Jharkhand, the Supreme Court observed that “serious relook of the entire provision
is warranted by the Legislature. It is a matter of common knowledge that exaggerated versions of the
incident are reflected in a large number of complaints. The tendency of over-implication is also
reflected in a very large number of cases”. Even an innocent person accused under S.498A IPC, does
not get the chance of getting quick justice owing to the offence being non-bailable and cognizable.
We well know that ‘justice delayed is justice denied’, hence came the 243 rd report of Law
commission on section 498A of IPC laying down various changes ought to be made in order to
remove the flaws of this section and its misuse. A strict law in this regard needs to be passed by the
parliament in order to punish those who act malafidely and tries to misguide the system of law. Law
commission in its 243rd report opined that the Section along with its allied
Cr.PC provisions shall not act as an instrument of oppression and counter-harassment.
********
DOMESTIC VIOLENCE AGAINST WOMEN
Domestic violence in India includes any form of violence suffered by a person from a biological
relative, but typically is the violence suffered by a woman by male members of her family or
relatives. According to a National Family and Health Survey in 2005, total lifetime prevalence of
domestic violence was 33.5% and 8.5% for sexual violence among women aged 15-49. The instance
of violence was reported to be lowest among Buddhist and Jain women, and highest among Muslim
women in India. A 2014 study in The Lancet reports that the reported sexual violence rate in India is
among the lowest in the world, the large population of India means that the violence affects 27·5
million over women their lifetime.
The 2012 National Crime Records Bureau report of India states a reported crime rate of 46 per
100,000, rape rate of 2 per 100,000, dowry homicide rate of 0.7 per 100,000 and the rate of
domestic cruelty by husband or his relatives as 5.9 per 100,000These reported rates are significantly
smaller than the reported intimate partner domestic violence rates in many countries, such as the
United States (590 per 100,000) and reported homicide (6.2 per 100,000 globally), crime and rape
incidence rates per 100,000 women for most nations tracked by the United Nations.
Domestic violence is currently defined in India by the Protection of Women from Domestic Violence
Act of 2005. According to Section 3 of the Act, “any act, omission or commission or conduct of the
respondent shall constitute domestic violence in case it:
1. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical,
of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal
and emotional abuse and economic abuse; or

2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other
person related to her to meet any unlawful demand for any dowry or other property or valuable
security; or
3. has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
4. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
Jammu and Kashmir, which has its own laws, has enacted in 2010 the Jammu and Kashmir
Protection of Women from Domestic Violence Act, 2010.
2006 NFHS survey report on domestic sexual violence

The National Family Health Survey of India in 2006 estimated the lifetime prevalence of sexual
violence among women aged 15-49, including instances of marital rape in India. The study included
in its definition of "sexual violence" all instances of a woman experiencing her husband "physically
forcing her to have sexual intercourse with him even when she did not want to; and, forcing her to
perform any sexual acts she did not want to". The study sampled 83,703 women nationwide, and
determined that 8.5% of women in the 15-49 age group had experienced sexual violence in their
lifetime. This figure includes all forms of forced sexual activity by husband on wife, during their
married life, but not recognized as marital rape by Indian law.
The 2006 NFHS study reported sexual violence to be lowest against women in the 15-19 age group,
and urban women reporting 6% lifetime prevalence rate of sexual violence, while 10% of rural
women reported experiencing sexual violence in their lifetime.[14] Women with ten years of
education experienced sharply less sexual violence, compared to women with less education.
By religion, Buddhist and Jain women reported the lowest prevalence of sexual violence in their
lifetime (3 and 4 percent), while 5% of Sikh women, 6% of Christian women and 8% of Hindu
women reported experiencing sexual violence. The highest prevalence rate (11%) of lifetime sexual
violence was reported by Muslim women.
Forms
It includes rape, sexual assault, insult to modesty, kidnapping, abduction, cruelty by intimate partner
or relatives, trafficking, persecution for dowry, dowry deaths, indecency, and all other crimes listed
in Indian Penal Code.
Physical violence, Emotional abuse, Sexual assault, Honor killing, Dowry-related abuse and
deaths, Religion, Dynamics, Patriarchal social structure, Dowry system Under-reporting of
domestic violence.
Other-Other factors outside culture that demonstrate differences in domestic violence prevalence
and gender disparities in India include socioeconomic class, educational level, and family structure
beyond the patriarchal framework.
Effects
Women suffer many types of physical and emotional abuse as a result of illegal actions taken within
the private home, and those who have experienced some form of domestic violence tend to have
greater long-term mental disorders and drug dependencies than those who do not. In India, reducing
domestic violence is imperative not only from an ethical and human rights perspective but also
because of obvious instrumental and immediate health benefits that would be gained from such
reduction.
Health
Serious health problems often result from physical, emotional, and sexual forms of domestic
violence. Physical health outcomes include: Injury (from lacerations to fractures and internal organs
injury), Unwanted Pregnancy, Gynaecological problems, STDs including HIV, Miscarriage, Pelvic
inflammatory disease, Chronic pelvic pain, Headaches, Permanent disabilities, Asthma, Irritable
bowel syndrome, Self-injurious behaviours (smoking, unprotected sex) Mental health effects can
include depression, fear, anxiety, low self-esteem, sexual dysfunction, eating disorders, obsessive-
compulsive disorder, or post traumatic stress disorder. Fatal effects can include suicide, homicide,
maternal mortality, or HIV/AIDS.
Negative public health consequences are also strongly associated with domestic violence. Social and
economic costs have been identified as direct results of these public-health consequences, and it is
argued that these justify state action to act in the interest of the public to reconcile these costs
(specifically including costs such as worker earnings and productivity, public healthcare, and costs
associated with the criminal justice system).
Women's agency
The act of domestic violence towards women is a human rights violation as well as an illegal act
under Indian law. It is therefore widely considered a threat to women’s agency through any lens, and
there is a growing recognition in many Indian regions that the nation can reach a higher potential
through obtaining greater social and economic capital than by reducing women’s participation in
society. Domestic violence is one of the most significant determinants of this denial. Greater gender
equality through greater women’s agency cannot be achieved if basic health needs are not being met
and if cultural biases that allow for domestic violence in India persist.
ender discrimination under law
The Domestic Violence Act of 2005 has been used to prosecute domestic violence cases, but activists
state that it discriminates against men. In Karnataka, for example, the act cannot be used against
women. The Delhi High Court clarified that the Act could also be used to prosecute women.
Consequences of Violence Against Women

*Battered women have tendency to remain quiet, agonised and emotionally disturbed after the
occurrence of the torment. A psychological set back and trauma because of domestic violence affects
women’s productivity in all forms of life. The suicide case of such victimised women is also a deadly
consequence and the number of such cases is increasing.
*A working Indian woman may drop out from work place because of the ill-treatment at home or
office, she may lose her inefficiency in work. Her health may deteriorate if she is not well physically
and mentally. Some women leave their home immediately after first few atrocious attacks and try to
become self-dependent. Their survival becomes difficult and painful when they have to work hard
for earning two meals a day. Many such women come under rescue of women welfare organizations
like Women Welfare Association of India (WWAI), Affus Woman Welfare Association (AWWA) and
Woman’s Emancipation and Development Trust (WEDT). Some of them who leave their homes are
forcefully involved in women trafficking and pornography. This results in acquiring a higher risk of
becoming a drug addict and suffering from HIV/AIDS. Some of course do it by their choice.
*One of the severe effects of domestic violence against women is its effect on her children. It is
nature’s phenomenon that a child generally has a greater attachment towards the mother for she is
the one who gives birth. As long as the violence subjected to the mother is hidden from the child,
he/she may behave normally at home. The day when mother’s grief and suffering is revealed, a child
may become upset about the happening deeply. Children may not even comprehend the severity of
the problem. They may turn silent, reserved and express solace to the mother. When the violence
against women is openly done in front of them since their childhood, it may have a deeper and
gruesome impact in their mindset. They get used to such happenings at home, and have a tendency
to reciprocate the same in their lives. It’s common in especially in rural homes in India which are
victimised by the evil of domestic violence.
*In cases of Intimate Partner Violence (IPV), violence against women leads them to maintain a
distance from their partner. Their sexual life is affected adversely. Many of them file for divorce and
seek separation which again affects the life of children. Some continue to be exploited in lack of
proper awareness of human rights and laws of the constitution.
“PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005”

[No. 43 OF 2005]
[September 13, 2005]
An Act to provide for more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the family and for matters
connected therewith or incidental thereto
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
Prefatory Note-Statement of Objects and Reasons.-Domestic violence is undoubtedly a human right
issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration
and the Platform for Action (1995) have acknowledged this. The United Nations Committee on
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in its General
Recommendation No. XII (1989) has recommended that State parties should act to protect women
against violence of any kind especially that occurring within the family.
2. The phenomenon of domestic violence is widely prevalent but has remained largely invisible in
the public domain. Presently, where a woman is subjected to cruelty by her husband or his relatives,
it is an offence under Section 498-A of the Indian Penal Code. The civil law does not however address
this phenomenon in its entirety.
3. It is, therefore, proposed to enact a law keeping in view the rights guaranteed under Articles 14,
15 and 21 of the Constitution to provide for a remedy under the civil law which is intended to
protect the women from being victims of domestic violence and to prevent the occurrence of
domestic violence in the society.
4. The Bill, inter alia, seeks to provide for the following:-
(i) It covers those women who are or have been in a relationship with the abuser where both parties
have lived together in a shared household and are related by consanguinity, marriage or through a
relationship in the nature of marriage or adoption. In addition, relationships with family members
living together as a joint family are also included. Even those women who are sisters, widows,
mothers, single women, or living with the abuser are entitled to legal protection under the proposed
legislation. However, whereas the Bill enables the wife or the female living in a relationship in the
nature of marriage to file a complaint under the proposed enactment against any relative of the
husband or the male partner, it does not enable any female relative of the husband or the male
partner to file a complaint against the wife or the female partner.
(ii) It defines the expression “domestic violence” to include actual abuse or threat or abuse that is
physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to
the woman or her relatives would also be covered under this definition.
(iii) It provides for the rights of women to secure housing. It also provides for the right of a woman
to reside in her matrimonial home or shared household, whether or not she has any title or rights in
such home or household. This right is secured by a residence order, which is passed by the
Magistrate.
(iv) It empowers the Magistrate to pass protection orders in favour of the aggrieved person to
prevent the respondent from aiding or committing an act of domestic violence or any other specified
act, entering a workplace or any other place frequented by the aggrieved person, attempting to
communicate with her, isolating any assets used by both the parties and causing violence to the
aggrieved person, her relatives or others who provide her assistance from the domestic violence.
(v) It provides for appointment of Protection Officers and registration of non-governmental
organisations as service providers for providing assistance to the aggrieved person with respect to
her medical examination, obtaining legal aid, safe shelter, etc.
5. The Bill seeks to achieve the above objects. The notes on clauses explain the various provisions
contained in the Bill.
——————–
1. Received the assent of the President on September 13, 2005 and published in the Gazette of
India Extra, Part II, section 1 dated 14th September 2005, pp. 1-12, No. 49
(1) This Act may be called the Protection of Women from Domestic Violence Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification in the
2. Definitions.
In this Act, unless the context otherwise requires,—
(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the
respondent and who alleges to have been subjected to any act of domestic violence by the
respondent;
(b) “child” means any person below the age of eighteen years and includes any adopted, step or
foster child;
(c) “compensation order” means an order granted in terms of section 22;
(d) “custody order” means an order granted in terms of section 21;
(e) “domestic incident report” means a report made in the prescribed form on receipt of a complaint
of domestic violence from an aggrieved person;
(f) “domestic relationship” means a relationship between two persons who live or have, at any point
of time, lived together in a shared household, when they are related by consanguinity, marriage, or
through a relationship in the nature of marriage, adoption or are family members living together as a
joint family;
(g) “domestic violence” has the same meaning as assigned to it in section 3;
(h) “dowry” shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition Act,
1961 (28 of 1961);
(i) “Magistrate” means the Judicial Magistrate of the first class, or as the case may be, the
Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of
1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent
resides or the domestic violence is alleged to have taken place;
(j) “medical facility” means such facility as may be notified by the State Government to be a medical
facility for the purposes of this Act;
(k) “monetary relief” means the compensation which the Magistrate may order the respondent to
pay to the aggrieved person, at any stage during the hearing of an application seeking any relief
under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a
result of the domestic violence;
(l) “notification” means a notification published in the Official Gazette and the expression “notified”
shall be construed accordingly;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “Protection Officer” means an officer appointed by the State Government under sub-section (1)
of section 8;
(o) “protection order” means an order made in terms of section 18;
(p) “residence order” means an order granted in terms of sub-section (1) of section 19;
(q) “respondent” means any adult male person who is, or has been, in a domestic relationship with
the aggrieved person and against whom the aggrieved person has sought any relief under this Act:
Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may
also file a complaint against a relative of the husband or the male partner.
(r) “service provider” means an entity registered under sub-section (1) of section 10;
(s) “shared household” means a household where the person aggrieved lives or at any stage has
lived in a domestic relationship either singly or along with the respondent and includes such a
household whether owned or tenanted either jointly by the aggrieved person and the respondent, or
owned or tenanted by either of them in respect of which either the aggrieved person or the
respondent or both jointly or singly have any right, title, interest or equity and includes such a
household which may belong to the joint family of which the respondent is a member, irrespective of
whether the respondent or the aggrieved person has any right, title or interest in the shared
household.
(t) “shelter home” means any shelter home as may be notified by the State Government to be a
shelter home for the purposes of this Act.
3. Definition of domestic violence.—
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm,
or danger to life, limb, or health or impair the health or development of the aggrieved person and
includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or
otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not
having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested.
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is
entitled under any law or custom whether payable under an order of a court or otherwise or which
the aggrieved person requires out of necessity including, but not limited to, household necessities
for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by
the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables,
shares, securities, bonds and the like or other property in which the aggrieved person has an interest
or is entitled to use by virtue of the domestic relationship or which may be reasonably required by
the aggrieved person or her children or her stridhan or any other property jointly or separately held
by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including access to the
shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct
of the respondent constitutes “domestic violence” under this section, the overall facts and
circumstances of the case shall be taken into consideration.
4. Information to Protection Officer and exclusion of liability of informant.—
(1) Any person who has reason to believe that an act of domestic violence has been, or is being, or is
likely to be committed, may give information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of
information for the purpose of sub-section (1).
5. Duties of police officers, service providers and Magistrate.—
A police officer, Protection Officer, service provider or Magistrate who has received a complaint of
domestic violence or is otherwise present at the place of an incident of domestic violence or when
the incident of domestic violence is reported to him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an order
for monetary relief, a custody order, a residence order, a compensation order or more than one such
order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),
wherever relevant:
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from
his duty to proceed in accordance with law upon receipt of information as to the commission of a
cognizable offence.
6. Duties of shelter homes.—
If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person
in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall
provide shelter to the aggrieved person in the shelter home.
7. Duties of medical facilities.—
If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the
person in charge of a medical facility to provide any medical aid to her, such person in charge of the
medical facility shall provide medical aid to the aggrieved person in the medical facility.
8. Appointment of Protection Officers.—
(1) The State Government shall, by notification, appoint such number of Protection Officers in each
district as it may consider necessary and shall also notify the area or areas within which a Protection
Officer shall exercise the powers and perform the duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and shall possess such qualifications
and experience as may be prescribed.
(3) The terms and conditions of service of the Protection Officer and the other officers subordinate
to him shall be such as may be prescribed.
9. Duties and functions of Protection Officers.—
(1) It shall be the duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be
prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police
officer in charge of the police station within the local limits of whose jurisdiction domestic violence
is alleged to have been committed and to the service providers in that area;
(c) to make an application in such form and in such manner as may be prescribed to the Magistrate,
if the aggrieved person so desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities
Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to
be made;
(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and
medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of
his report of having lodged the aggrieved person in a shelter home to the police station and the
Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward
a copy of the medical report to the police station and the Magistrate having jurisdiction in the area
where the domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in
accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall
perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.
10. Service Providers.—
(1) Subject to such rules as may be made in this behalf, any voluntary association registered under
the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act,
1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the
rights and interests of women by any lawful means including providing of legal aid, medical,
financial or other assistance shall register itself with the State Government as a service provider for
the purposes of this Act.
(2) A service provider registered under sub-section (1) shall have the power to—
(a) record the domestic incident report in the prescribed form if the aggrieved person so desires
and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the
area where the domestic violence took place;
(b) get the aggrieved person medically examined and forward a copy of the medical report to the
Protection Officer and the police station within the local limits of which the domestic violence took
place;
(c) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and
forward a report of the lodging of the aggrieved person in the shelter home to the police station
within the local limits of which the domestic violence took place.
(3) No suit, prosecution or other legal proceeding shall lie against any service provider or any
member of the service provider who is, or who is deemed to be, acting or purporting to act under
this Act, for anything which is in good faith done or intended to be done in the exercise of powers or
discharge of functions under this Act towards the prevention of the commission of domestic
violence.
11. Duties of Government.—
The Central Government and every State Government, shall take all measures to ensure that—
(a) the provisions of this Act are given wide publicity through public media including the television,
radio and the print media at regular intervals;
(b) the Central Government and State Government officers including the police officers and the
members of the judicial services are given periodic sensitization and awareness training on the
issues addressed by this Act;
(c) effective co-ordination between the services provided by concerned Ministries and Departments
dealing with law, home affairs including law and order, health and human resources to address
issues of domestic violence is established and periodical review of the same is conducted;
(d) protocols for the various Ministries concerned with the delivery of services to women under this
Act including the courts are prepared and put in place.
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved
person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into
consideration any domestic incident report received by him from the Protection Officer or the
service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for
payment of compensation or damages without prejudice to the right of such person to institute a suit
for compensation or damages for the injuries caused by the acts of domestic violence committed by
the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any
court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order
made by the Magistrate under this Act shall be set off against the amount payable under such decree
and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of
1908), or any other law for the time being in force, be executable for the balance amount, if any, left
after such set off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as
may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days
from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1)
within a period of sixty days from the date of its first hearing.
13. Service of notice.—
(1) A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the
Protection Officer, who shall get it served by such means as may be prescribed on the respondent,
and on any other person, as directed by the Magistrate within a maximum period of two days or such
further reasonable time as may be allowed by the Magistrate from the date of its receipt.
(2) A declaration of service of notice made by the Protection Officer in such form as may be
prescribed shall be the proof that such notice was served upon the respondent and on any other
person as directed by the Magistrate unless the contrary is proved.
14. Counseling.—
(1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the
aggrieved person, either singly or jointly, to undergo counselling with any member of a service
provider who possess such qualifications and experience in counseling as may be prescribed.
(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of
hearing of the case within a period not exceeding two months.
15. Assistance of welfare expert.—
In any proceeding under this Act, the Magistrate may secure the services of such person, preferably a
woman, whether related to the aggrieved person or not, including a person engaged in promoting
family welfare as he thinks fit, for the purpose of assisting him in discharging his functions.
16. Proceedings to be held in camera.—
If the Magistrate considers that the circumstances of the case so warrant, and if either party to the
proceedings so desires, he may conduct the proceedings under this Act in camera.
17. Right to reside in a shared household.—
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in
a domestic relationship shall have the right to reside in the shared household, whether or not she
has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of
it by the respondent save in accordance with the procedure established by law.
18. Protection orders.—
The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being
heard and on being prima facie satisfied that domestic violence has taken place or is likely to take
place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child,
its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including
personal, oral or written or electronic or telephonic contact;

(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both
the parties, jointly by the aggrieved person and the respondent or singly by the respondent,
including her stridhan or any other property held either jointly by the parties or separately by them
without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person
assistance from domestic violence;
(g) committing any other act as specified in the protection order.
19. Residence orders.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on
being satisfied that domestic violence has taken place, pass a residence order—
(a) restraining the respondent from dispossessing or in any other manner disturbing the possession
of the aggrieved person from the shared household, whether or not the respondent has a legal or
equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing of the shared household or
encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the
leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so
require:
Provided that no order under clause (b) shall be passed against any person who is a woman.
(2) The Magistrate may impose any additional conditions or pass any other direction which he may
deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any
child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for
preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of
Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may
also pass an order directing the officer-in-charge of the nearest police station to give protection to
the aggrieved person or to assist her or the person making an application on her behalf in the
implementation of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent
obligations relating to the discharge of rent and other payments, having regard to the financial needs
and resources of the parties.
(7) The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the
Magistrate has been approached to assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person
her stridhan or any other property or valuable security to which she is entitled to.
20. Monetary reliefs.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct
the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the
aggrieved person and any child of the aggrieved person as a result of the domestic violence and such
relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of
the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under
or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973
(2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and
consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly
payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to
the parties to the application and to the in-charge of the police station within the local limits of
whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period
specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under
sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly
pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt
due to or accrued to the credit of the respondent, which amount may be adjusted towards the
monetary relief payable by the respondent.
21. Custody orders.—
Notwithstanding anything contained in any other law for the time being in force, the Magistrate may,
at any stage of hearing of the application for protection order or for any other relief under this Act
grant temporary custody of any child or children to the aggrieved person or the person making an
application on her behalf and specify, if necessary, the arrangements for visit of such child or
children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to
the interests of the child or children, the Magistrate shall refuse to allow such visit.
22. Compensation orders.—
In addition to other reliefs as may be granted under this Act, the Magistrate may on an application
being made by the aggrieved person, pass an order directing the respondent to pay compensation
and damages for the injuries, including mental torture and emotional distress, caused by the acts of
domestic violence committed by that respondent.
23. Power to grant interim and ex parte orders.—
(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he
deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is
committing, or has committed an act of domestic violence or that there is a likelihood that the
respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of
the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section
19, section 20, section 21 or, as the case may be, section 22 against the respondent.
24. Court to give copies of order free of cost.—
The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of
such order, shall be given free of cost, to the parties to the application, the police officer-in-charge of
the police station in the jurisdiction of which the Magistrate has been approached, and any service
provider located within the local limits of the jurisdiction of the court and if any service provider has
registered a domestic incident report, to that service provider.
25. Duration and alteration of orders.—
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for
discharge.

(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is
satisfied that there is a change in the circumstances requiring alteration, modification or revocation
of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as
he may deem appropriate.
26. Relief in other suits and legal proceedings.—
(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal
proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and
the respondent whether such proceeding was initiated before or after the commencement of this
Act.
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any
other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or
criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a
proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.
27. Jurisdiction.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may
be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;
or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen,
shall be the competent court to grant a protection order and other orders under this Act and to try
offences under this Act.
(2) Any order made this Act shall be enforceable throughout India.
Section 28 – Procedure.
(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and
23 and offences under section 31 shall be governed by the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for
disposal of an application under section 12 or under sub-section (2) of section 23.
29- Appeal.
There shall lie an appeal to the Court of Session within thirty days from the date on which the order
made by the Magistrate is served on the aggrieved person or the respondent, as the case may be,
whichever is later.
30. Protection Officers and members of service providers to be public servants.—
The Protection Officers and members of service providers, while acting or purporting to act in
pursuance of any of the provisions of this Act or any rules or orders made thereunder shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of
1860).
31. Penalty for breach of protection order by respondent.—
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an
offence under this Act and shall be punishable with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to twenty thousand rupees, or with
both.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had
passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrates may also frame charges under
section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry
Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an
offence under those provisions.
32. Cognizance and proof.—

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
offence under sub-section (1) of section 31 shall be cognizable and non-bailable.
(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under
sub-section (1) of section 31 has been committed by the accused.
33. Penalty for not discharging duty by Protection Officer.—
If any Protection Officer fails or refuses to discharges his duties as directed by the Magistrate in the
protection order without any sufficient cause, he shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to twenty
thousand rupees, or with both.
34. Cognizance of offence committed by Protection Officer.
No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint
is filed with the previous sanction of the State Government or an officer authorised by it in this
behalf.
35. Protection of action taken in good faith.—
No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage
caused or likely to be caused by anything which is in good faith done or intended to be done under
this Act or any rule or order made thereunder.
36. Act not in derogation of any other law.—
The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other
law, for the time being in force.
37. Power of Central Government to make rules.—
(1) The Central Government may, by notification, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the qualifications and experience which a Protection Officer shall possess under sub-section (2)
of section 8;
(b) the terms and conditions of service of the Protection Officers and the other officers subordinate
to him, under sub-section (3) of section 8;
(c) the form and manner in which a domestic incident report may be made under clause (b) of
sub-section (1) of section 9;
(d) the form and the manner in which an application for protection order may be made to the
Magistrate under clause (c) of sub-section (1) of section 9;
(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9;
(f) the other duties to be performed by the Protection Officer under clause of sub-section (1) of
section 9;
(g) the rules regulating registration of service providers under sub-section (1) of section 10;
(h) the form in which an application under sub-section (1) of section 12 seeking reliefs under this
Act may be made and the particulars which such application shall contain under sub-section (3) of
that section;
(i) the means of serving notices under sub-section (1) of section 13;
(j) the form of declaration of service of notice to be made by the Protection Officer under
sub-section (2) of section 13;
(k) the qualifications and experience in counselling which a member of the service provider shall
possess under sub-section (1) of section 14;
(l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of
section 23;
(m) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
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Class –LL.B. I SEM. Subject – Women & Criminal Law

LL.B. (HONS) PART I SEMESTER I

UNIT-II Major Hardships to woman and Indian

UNIT-III Particular and general offences

UNIT-IV Special offending act

UNIT-V Cruelty and violence

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Class –LL.B. I SEM. Subject – Women & Criminal Law

UNIT-I INTRODUCTION- CRIMES AGAINST WOMEN- nature, kinds

Class –LL.B. I SEM. Subject – Women & Criminal Law

3 WITCHCRAFT RELATED MURDERS

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Class –LL.B. I SEM. Subject – Women & Criminal Law

Class –LL.B. I SEM. Subject – Women & Criminal Law

Year Reported cruelty by a husband or relative

10 FORCED AND CHILD MARRIAGE

Class –LL.B. I SEM. Subject – Women & Criminal Law

DIFFERENT INTERNATIONAL CONVENTIONS –

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Class –LL.B. I SEM. Subject – Women & Criminal Law

2 MONTEVIDEO CONVENTION, 1933

3 UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR), 1948

Purpose Human rights

4 THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION

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Class –LL.B. I SEM. Subject – Women & Criminal Law

6 EQUAL REMUNERATION CONVENTION, 1951

7 CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957

Class –LL.B. I SEM. Subject – Women & Criminal Law

8 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, 1966

9 THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a

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UNIT-II MAJOR HARDSHIPS TO WOMAN AND INDIAN LAWS

Class –LL.B. I SEM. Subject – Women & Criminal Law

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Class –LL.B. I SEM. Subject – Women & Criminal Law

Class –LL.B. I SEM. Subject – Women & Criminal Law

Class –LL.B. I SEM. Subject – Women & Criminal Law

Class –LL.B. I SEM. Subject – Women & Criminal Law

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Class –LL.B. I SEM. Subject – Women & Criminal Law

SEXUAL HARASSMENT OF WORKING WOMEN IN WORKPLACE-

II) Preamble and background-

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Class –LL.B. I SEM. Subject – Women & Criminal Law

III) Background and provisions-

IV) Major Features

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