The government in Britain in 1833 appointed a commission referred to as the “Indian Law Commission”

to discuss the jurisdiction, powers and rules of existing courts and to form reports setting forth the
results of the inquiries and suggesting reforms. The law commission works on the Anglo-Indian Codes
from 1834 to 1879 and one among the foremost important contributions of the primary Law
Commission was the Indian penal code, submitted by Macaulay in 1837 and passed into law in 1860.
Another important law that was codified was the code of criminal procedure.

When it had been first passed in 1861, the Code of Criminal Procedure fiercely guarded “privileges” or
“rights” as they were alternatively described as and made the law both a symbolic and an actual marker
of imperial power The code secured the legal superiority of “European-born British subjects “by
reserving to them special privileges like the proper to a jury trial with a majority of European jurors,
amenability only to British judges and magistrates, and limited punishments, all this while maintaining
and displaying European power and prestige.

The First Law Commission prepared the draft of the Indian Penal Code which was
chaired by Thomas Babington Macaulay in the year 1834. Elements were also
derived from the Napoleonic Code and the Louisiana Civil Code of 1825. The first
final draft of the IPC was submitted before then the Governor-General of India in
Council in 1837, but the draft was revised subsequently. The drafting was
completed in the year 1850 and was presented to the Legislative Council in the
year 1856. It was only in 1860 when the draft became law and came into
operation on January 1, 1862
The initial draught of the Code was given to the Governor-General in Council in
1837, but it took another two decades for changes and amendments. In 1850, the
entire code was completed and delivered to the Legislative Council in 1856. It was
postponed being put on the statute book of British India due to the Indian Revolt
of 1857. The code came into constrain on January 1st, 1860 after experiencing
numerous modifications and corrections by Barnes Peacock would go on to serve
as the primary Chief Equity of the Calcutta Tall Court. Before the approach of the
British, the corrective law prevailing in India, for the foremost portion, was the
Muhammedan law. For the primary few a long time of its organization, the East
India Company did not meddled with the criminal law of the nation and in spite of
the fact that
in 1772, amid the organization of Warren Hastings, the Company for the first
time obstruction, and from now on till 1861, from time to time, the British
Government did change the Muhammedan law, however up to 1862, when the
Indian Corrective Code came into operation, the Muhammedan law was without a
doubt the premise of the criminal law but within the administration towns. The
epoch of the
administration of Muslim criminal law in India extended for a considerable period
and has even supplied
many terms for the vocabulary of Indian law.

IPC as a statute has survived and flourished over the last 160 years, which speaks
volumes about its
effectiveness as a legal code of high stature. However, over these years it's not
been ready to shed away
some of its provisions that reek of colonialism e.g. sedition. The Malimath
Committee report while
advocating criminal justice reforms has provided the Parliament with a chance to
revamp the Code and
other criminal laws. it's been 17 years since the submission of the report and no
concrete steps are
taken during this respect. it's about time that the legislature steps in to form the
Code more in sync with modern
times than with the days of British colonialism. It doesn't reflect well on the
legislature when the apex
court intervenes and strikes off laws because it's the work of the legislature to try
to to so within the first place.
Even though the IPC has been haphazardly amended quite 75 times, no
comprehensive revision has
been undertaken despite the 42nd report of the law commission in 1971
recommending it — the
amendment bills of 1971 and 1978 lapsed thanks to the dissolution of the Lok
Sabha. intrinsically it's undergone
many amendments that are unplanned and reactive in nature.
The nature of the Indian legal code has been highlighted as that one among
‘Master and Servant’, with a number of
the provisions having no place in Independent India. a number of the sections that require
reform and review are
as follows:
1. A re-examination of the sedition law, inserted in 1898, is important .
2. The offence of blasphemy should haven't any place during a liberal democracy and, therefore, there's
a requirement
to repeal Section 295A, which was inserted in 1927.
3. A criminal conspiracy was made a substantive offence in 1913. The offence is objectionable because
it was added to the code by the colonial authorities to affect political conspiracies.
4. Under Section 149 on unlawful assembly, the principle of constructive liability is pushed to unduly
harsh lengths.
5. Sexual offences under the code reveal patriarchal values and outdated Victorian morality. Though
the outmoded crime of adultery gives the husband sole proprietary rights over his wife’s sexuality, it
gives no legal protection to secure an identical monopoly over the husband’s sexuality.

2.
Classification of Laws related to Crime against Women
The laws associated with the crime against women may be classified into following two categories:
Crimes against Women under the Special and Local Laws (SLL)

The crimes against women provided under the Special and Local Laws aim to obliterate the immoral and
sinful practices and exploitation of women in the society. These laws are periodically reviewed and
amended in order to bring off promptness with arising needs. Following are some acts comprising of
special provisions to protect women and their interests-

The Immoral Traffic (Prevention) Act, 1956

The Dowry (Prohibition) Act, 1961
The Child Marriage Restraint Act, 1929
The Indecent Representation of Women (Prohibition) Act, 1986
The Commission of Sati (Prevention) Act, 1987
Protection of Women from Domestic Violence Act, 2005
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Crimes against Women under the Indian Penal Code, 1860 (IPC)
The Indian Penal Code, 1860, lays down the provisions to penalise the culprit for the heinous offences
against women. Various sections under IPC specifically deals with such crimes.

Acid Attack (Sections 326A and 326B)

Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
Attempt to commit rape (Section 376/511)
Kidnapping and abduction for different purposes (Sections 363–373)
Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
Cruelty by husband or his relatives (Section 498A)
Outraging the modesty of women (Section 354)
Sexual harassment (Section 354A)
Assault on women with intent to disrobe a woman (Section 354B)
Voyeurism (Section 354C)
Stalking (Section 354D)
Importation of girls upto 21 years of age (Section 366B)
Word, gesture or act intended to insult the modesty of a woman (Section 509)
This article further scrutinizes and expounds some of these odious and punishable offences as
mentioned under the Indian Penal Code, 1860.

Sexual Offences against Women

The Indian Penal Code mentions sexual offences against women under a separate head which
encompasses the following offences with their respective sections-

Rape [Section 375 & 376]

Section 375, IPC defines rape. In simple terms, the offence of rape is the ravishment of a woman,
without her consent, by force, fraud or fear. In other words, it is the carnal knowledge (penetration of
any of the slightest degree of the male organ of reproduction) of any woman by force against her will. It
is an obnoxious act of highest degree which violates the right to privacy and sanctity of a female. Apart
from being a dehumanizing and perverted act, it is also an unlawful interference in the personal life of a
woman which is an intense blow on the honor, dignity, reputation and self-esteem of a woman. This
outrageous crime not only causes physical injury to the victim but also humiliates, degrades and leaves a
scar on the most precious jewel of a woman i. e. her character and dignity.

Punishment for Rape (Section 376)

Section 376 provides punishment for committing the heinous crime of rape. This section is divided into
two sub-sections.

Section 376(1) provides a minimum sentence of seven years of imprisonment that may extend to life
imprisonment and fine.

Section 376(2) provides punishment not less than ten years of imprisonment but may extend to
imprisonment for life or death or fine.

Gang Rape (Section 376D)

Section 376D lays down the punishment for gang rape. Where a woman is raped by more than one
person acting in futhereance of a common intention, each of them shall be liable for the offence of rape
and shall be ounished with rigourous imprisonment for not less than twenty years which may extend to
lifetime imprisonment and fine.

Outraging the Modesty of Women [Section 354]

Section 354, IPC deals with the offence of molestation i.e. assault to woman with intent to outrage her
modesty. This section aims to protect women against any sort of indecent or filthy behaviour by others
which is derogatory to her modesty. This offence is not just against the individual but also against the
society and public morality. Therefore, if any person uses criminal fore upon a woman with an intention
to outrage the modesty of a woman, he is deemed to be punished with an imprisonment of not less
than one year which may extend upto five years with fine.

Insulting the Modesty of Women [Section 509]

An act which is done intending to insult the modesty of woman which may not necessarily involve any
physical force is brought under the shade of this provision through Section 509. This section intends to
deter any kind of aggression into a woman’s modesty whether by any word, gesture or act or by
intruding upon the privacy of such woman. This section is also referred as the ‘Eve Teasing Section’.

Any person who commits an offence under Section 509 shall be punished with simple imprisonment for
a term which may extend to three years with fine.

New Offences relating to Women

The Criminal Law (Amendment) Act, 2013 added many new sections in the IPC, keeping in view the
various new forms of offensive activities against the safety and dignity of women. Some are discussed
below-
Disrobing a Woman (Stripping) [Section 354B]
Section 354B penalises the offence of assaulting or using criminal force to a woman or abetting any
such act with an intention to disrobe or compel her to be naked, with a punishment of not less than
three years which may extend to seven years with a fine. It is a gender specific offence i.e. only a man
can be punished under this section.

Ingredients

The accused must be man.

Use of criminal force or assault or abetment of any such act must be there.
There must be an intention to disrobe a woman or compel her to be naked.
Voyeurism [Section 354C]
This offence came into existence after Nirbhaya Rape Case, 2012. It is mentioned under Section 354C,
IPC. The word ‘voyeurism’ means appeasement derived from observing the genital or sexual acts of
others usually ssecretly. This provision is divided in two different parts. Firstly, when a person watches
or captures image of a woman engaging in some private act and secondly, when the person
disseminate or spread such image.

The first offence is punishable with imprisonment of not less than one year which may extend upto
three years with fine. The second offence is punishable with imprisonment of not less than three
years which may extend upto seven years with fine.

Ingredients

The accused must be a male.

He must watch or capture the image.
The woman whose images are captured must be engaged in some private act.
The circumstances must be such that she has the expectations of not being. observed by the
perpetrator; or
The accused disseminates that image.
Stalking [Section 354D]
Section 354D, IPC talks about The term ‘stalking’ which generally means the act of following or trying
to contact despite disinterest of woman. This section contains two offences. Firstly, where a man
follows or contacts or attempts to contact a woman repeatedly despite her clear indication of
disinterest and secondly, where a man monitors the use by a woman of the internet, email, or any
other form of electronic communication.

For the first conviction, the punishment prescribed is imprisonment for a term which may extend to
three years with fine. The punishment for second conviction may extend up to five years of
imprisonment with fine.

Ingredients:

The accused must be a man and victim must be a woman.

Follow or contact a woman or attempt to contact; or
Monitors the use by the woman of the internet, email or any other electronic communication.
Despite disinterest of woman.
What does not amount Stalking?

Section 354D has a proviso attached to it which carves out an exception to this offence. If a part of
responsibility is imposed on a person by the State to prevent and detect any crime and such acts must
be pursued by any law and in the particular circumstances such conduct of the person must be
reasonable and justified then, it will not amount to stalking.

Acid Attack [Section 326A & 326B]

The Criminal Law (Amendment) Act, 2013 incorporated Section 326A and 326B with an intend to make
specific provision for punishment in the case of acid attack.

Section 326A focuses on voluntarily causing grievous hurt by using acid. In the view of this section,
whosoever causes permanent or partial damage or burns, disfigures or disables any part of the body
of a person or causes grievous hurt by throwing or administering acid with an intention to cause such
injury or hurt will be punished with imprisonment of at least ten years which may extend to life
imprisonment with fine.

Section 326B has more legislative focus on the act of throwing or attempting to throw acid with the
intention of causing grievous hurt. The punishment under this section is imprisonment of not less than
five years with fine which may extend upto seven years.

Essential Ingredients of Acid Attack

The following are the requisites of an acid attack-

permanent/partial damage/deformity/burn/idfigure/disable any part of the body of any person; or

Grievous hurt by throwing acid; or
By using any other means;
There must be an intention to cause injury or hurt.
Sexual Harassment [Section 354A]
This new provision was originated in a judgment of the Supreme Court dealing woth the issue of
sexual harassment at workplace. Through the Criminal Law (Amendment) Act, 2013, Section 354A was
inserted in the IPC which defines the offence of ‘sexual harassment’ and set down punishment for it.

According to Section 354A, a person shall be guilty of the offence of sexual harassment against a
woman in the following circumstances-

If he makes physical contact and advance unwelcome and explicit sexual act;
Demands or requests for sexual favours;
Shows pornography against the will of a woman;
Make sexually colored remarks.
The punishment for the offences specified under Section 354A (1) (i) to (iii) is the rigorous
imprisonment for a term which may extend to three years or with fine or both and in the case of sub
clause (iv), it is imprisonment for a term which may extend to one year or with fine or both.

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
was enacted to provide protection to women against sexual harassemnt at workplace and for the
prevention and redressal of complaints regarding the matter of sexual harassment or any such
incident thereto.

Offences related to Marriage

Cruelty by Husband or his Relatives [Section 498A]
A separate chapter of IPC deals with the issues of cruelty by a husband or his relatives under Section
498A, IPC. the objective behind the introduction of this provision was to punish the husband and his
relatives who torture, ill-treat and harass a woman with a view to force her or any other person
related to het to meet any unlawful demands.

This section has given a new dimension to the concept of cruelty which is the essence of this section,
for the purpose of matrimonial relief. Not every type of cruelty will attract Section 498A. It has been
mentioned under the section that what kind of cruelty is included hereby.

The punishment for this offence is imprisonment for a term which may extend to three years with
fine.

Essential Ingredients

To constitute an offence under Section 498A, the following are the necessary conditions-

The victim must be a married woman/widow.

She has been subjected to cruelty by her husband or his relatives.
Such cruelty consisted of either-
Harassment of a woman with a view to coerce her meeting a demand of dowry; or
A wilful conduct by the husband or his relatives of such a nature as is likely to lead the lady to commit
suicide or to cause grave injury to her life, limb or health
That such injury inflicted either physically or mentally.
Dowry Death [Section 304B]
Dowry deaths and bride burning are sinful act which are still prevailing in the Indian society. It is a
symptom of a special social illness and are unfortunate developments of our society. For this serious
matter, the special provision was inserted under IPC through Section 304B which deals with dowry
deaths.

Section 304B (1) defines dowry death whereas clause (2) lays down its punishment which is not less
than seven years and may extend to life imprisonment.

Essential Ingredients of Dowry Death

The following ingredients of the offence need to be established-

The death of a woman must be caused by burns or bodily injury or otherwise than under normal
circumstances.
Such death must occur within the period of seven years of marriage.
The woman must have been subjected to cruelty by her husband or any other relative of her husband.
Such cruelty must be in connection with demand of dowry.
Such cruelty must be shown out soon before her death.
Conclusion
Notwithstanding the number of laws to protect and safeguard the rights and interest of the women,
the rate of crime against women and victimization is mushrooming day by day. It is well said that it
takes two to tango. It implies that only laws are not responsible to regulate and control the
augmentation of the crimes against women in our society. The suppression of evil eyes on women and
inculcation of social ethics, morals and values, respect and honor in every human being towards
women is the need of the hour and is a supplement factor that can equally contribute in reducing the
number of crimes against women. However, there is an exigency of more strict and stringent laws so
that any person intending to commit such crimes couldn’t screw up the courage to act in furtherance
of his intention.

2.
1. RAPE:

Read also : Bizzare: Rape survivor Kidnapped on her way to Court

Section 375 to 377 of the Indian Penal Code, 1860 deals with the sexual offences against women. In
simple term it can be said that sexual intercourse with a women without her consent is “rape”.

Section 375 of Indian Penal Code, 1860 states that-

A man is said to commit “rape” if he- penetrates his penis or insert any object or a part of body in to
vagina, anus, mouth, urethra of a woman or make her to do so with him or any person; or
manipulates any part of body of a women so as to cause penetration in to vagina, anus, mouth,
urethra of a woman or make her to do so with him or any person; or applies his mouth to the vagina,
anus, mouth, urethra of a woman or make her to do so with him or any person,

Under the circumstances,

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 consent is
given because she believes that he is another man to whom she is or believes herself to be lawfully
married.

Fifthly– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind
or intoxication or the administration by him personally or through another of any stupefying or
unwholesome substance, she is unable to understand the nature and consequences of that to which
she gives consent.

Sixth- With or without her consent, when she is under age of eighteen years.

Seventhly- when she is unable to communicate consent.

Exception1- A medical procedure or intervention shall not constitute rape.

Exception 2- Sexual intercourse by man with her consent his own wife, the wife not being under
fifteen years of age, is not rape.

In Deepak Gulati v. State of Haryana (AIR 2013 SC 2017) the Court held that intercourse under the
promise of marry constitute rape only if from initial stage accused had no intention to keep promise
and the intention of the accused was mala fide and that he had clandestine motive.

Sec 367. Punishment for rape-

Section 367 of the Indian Penal Code, 1860 prescribes punishment for the crime.

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with
rigorous imprisonment of either description for a term which shall not be less than ten years but
which may be for life, and shall also be liable to fine.

(2) Whoever,-

(a) Being a police officer commits rape-

(i) Within the limits of the police station to which he is appointed; or

(ii) In the premises of any station house whether or not situated in the police station to which he
is appointed; or

(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of his official position and commits rape on a woman in his
custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being a member of armed force deployed in area by the Central or a State Government commits
rape in such are, or

(d) Being on the management or on the staff of a jail, remand home or other place of custody
established by or under any law for the time being in force or of a woman’s or children’s institution
takes advantage of his official position and commits rape on any inmate of such jail, remand home,
place or institution; or

(e) Being on the management or on the staff of a hospital, takes advantage of his official position and
commits rape on a woman in that hospital; or

(f) Being a relative, guardian or teacher of, or a person in a position of trust or authority towards the
women, commits rape on such woman. Or

(g) Commits rape during communal or sectarian violence; or

(h) Commits rape on a woman knowing her to be pregnant; or

(j) Commits rape, on a women incapable of giving consent; or

(k) Being in a position of control or dominance over the women, commits rape on such woman; or

(l) Commits rape on a woman suffering from a mental or physical disability; or

(m) While committing rape causes grievous bodily harm or maims or disfigures or endanger the life of
woman; or

(n) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but
which may be extend to imprisonment for life, and shall also be liable to fine.

(3) Whoever, commits rape on a woman under sixteen year of age shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years but which may be extend to
imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life,
and shall also be liable to fine.

2. Kidnapping-(Section 359, 360, 366)

The term kidnapping refers to two kind of kidnapping under section 359 of the Indian Penal Code
which are kidnapping from India and kidnapping from lawful guardianship.

Section 363 in The Indian Penal Code prescribed punishment for the kidnapping.

Punishment for kidnapping—whoever kidnaps any person from India or from lawful guardianship,
shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

(Section 366) Kidnapping, abducting or inducing woman to compel her marriage, etc.— Section 366 of
Indian Penal Code, 1860 states that Whoever kidnaps or abducts any woman with intent that she may
be compelled, or knowing it to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that
she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine;

and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any
other method of compulsion, induces any woman to go from any place with intent that she may be, or
knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person
shall be punishable as aforesaid.

3. Assault to outrage modesty (Sec.354)

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely
that he will thereby outrage her modesty, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
4. Domestic violence (Sec. 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 punished 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 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.

5. Sexual harassment (Sec. 354A)

According to section 354A of Indian penal code,

(1) A man committing any of the following acts-

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section
(1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with
fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with
both.

Assault or use of criminal force to woman with intent to disrobe ( Section 354B)-

Any man who assaults or uses criminal force to any woman or abets such act with the intention of
disrobing1 or compelling her to be naked, shall be punished with imprisonment of either description
for a term which shall not be less than three years but which may extend to seven years, and shall
also be liable to fine.

6. Dowry deaths
Section 304B of Indian Penal Code, 1860 states that,

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before her
death she was subjected to cruelty or harassment by her husband or any relative of her husband for,
or in connection with, any demand for dowry, such death shall be called “dowry death”, and such
husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this
sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961
(28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.

7. Eve Teasing (Sec. 509)

Section 509 of the Indian Penal Code states that Whoever, intending to insult the modesty of any
woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such
word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes
upon the privacy of such woman, shall be punished with simple imprisonment for a term which may
extend to one year, or with fine, or with both.

8. Chain snatching (Sec. 378)

Section 378 of The Indian Penal Code deals with the crime of theft. Chain snatching is one of the active
crime of theft against the women in the modern society. The women belonging to the old age are
most affected group of this crime.

Section 378 of the Indian Penal Code, 1860 states that whoever, intending to take dishonestly any
moveable property out of the possession of any person without that person’s consent, moves that
property in order to such taking, is said to commit theft.

9. Acid attack (Sec. 326A, 326B)

Acid attack is one of the most dangerous crime against the women. The younger generation of women
are mostly affected by this heinous crime.

(326A) Voluntarily causing grievous hurt by use of acid etc.

Section 326 states that whoever causes permanent or partial damage or deformity to, or bums or
maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by
throwing acid1 on or by administering acid to that person, or by using any other means with the
intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be
punished with imprisonment of either description for a term which shall not be less than ten years but
which may extend to imprisonment for life, and with fine;

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of
the victim;
Provided further that any fine imposed under this section shall be paid to the victim.

(326B) Voluntarily throwing or attempt to throw acid

Section 326B states that whoever throws or attempts to throw acid1 on any person or attempts to
administer acid to any person, or attempts to use any other means, with the intention of causing
permanent or partial damage or deformity or bums or maiming or disfigurement or disability or
grievous hurt to that person, shall be punished with imprisonment of either description for a term
which shall not be less than five years but which may extend to seven years, and shall also be liable to
fine.

Explanations-

For the purposes of section 326A and this section, “acid” includes any substance which has acidic or
corrosive character or burning nature, that is capable of causing bodily injury leading to scars or
disfigurement or temporary or permanent disability.

For the purposes of section 326A and this section, permanent or partial damage or deformity shall not
be required to be irreversible.

10. Stalking (Sec. 354D)

Section 354D of the Indian Penal Code states that any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction
repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication,

commits the offence of stalking;

Provided that such conduct shall not amount to stalking if the man who pursued it proves that:

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking
had been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any
person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment
of either description for a term which may extend to three years, and shall also be liable to fine; and
be punished on a second or subsequent conviction, with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine.
11. Women trafficking (Sec. 370, 370A, 372 373)

Section 372 in The Indian Penal Code deals with the trafficking of person.

(Section 372)Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise
disposes of any person under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with any person or for any
unlawful and immoral purpose, or knowing it to be likely that such person will at any age be
employed or used for any such purpose, shall be punished with imprisonment of either description for
a term which may extend to ten years, and shall be liable to fine. Explanation I.—When a female
under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any
person who keeps or manages a brothel, the person so disposing of such female shall, until the
contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the
purpose of prostitution.

Explanation II.—For the purposes of this section “illicit intercourse” means sexual intercourse
between persons not united by marriage or by any union or tie which, though not amounting to a
marriage, is recognised by the personal law or custom of the community to which they belong or,
where they belong to different communities, of both such communities, as constituting between them
a quasi-marital relation.

(Section373) Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise
obtains possession of any person under the age of eighteen years with intent that such person shall at
any age be employed or used for the purpose of prostitution or illicit intercourse with any person or
for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be
employed or used for any purpose, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

Explanation I.—Any prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is
proved, be presumed to have obtained possession of such female with the intent that she shall be
used for the purpose of prostitution.

Explanation II.—“Illicit intercourse” has the same meaning as in section 372.

3.

Property is mainly divided into two parts, namely movable and immovable. Any offence which is
committed in regard to any property whether it is movable or immovable is punishable under the
provisions of the law of Crimes or the Indian Penal Code [IPC]. These offences and the punishments
relating to them are explained in details in sections 378 to 460 of the Indian Penal Code, 1860 (Act No.
XLV of 1860).
The offences which are mainly recognized in the IPC are ten in number
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.slideshare.net%2FBANDESUBHAN
%2Fipc1860-offences-against-property-by-subhan-bande-advocate-kadapa&psig=AOvVaw1p87UD-
dL7aqdG5yp60eax&ust=1637763295041000&source=images&cd=vfe&ved=0CAsQjRxqFwoTCMjrhfbVrv
QCFQAAAAAdAAAAABAD
Theft
It is defined under Section 378 of the Indian Penal Code. It states that any person with a dishonest
intention to take any movable property out of the possession of a person without the person’s consent
to whom it belongs move that property is said to commit theft.
https://blog.ipleaders.in/offences-relating-to-property-everything-important-you-should-know-about/

There are five main ingredients of theft:

Dishonest intention to take property;

Property should be moveable;
The property must be taken out of possession of another person;
Property should be taken without the person’s consent;
Property should be moved, in order to such taking.
Extortion
Extortion is defined under Section 383 of the Indian Penal Code. It states that whoever intentionally puts
any other person in fear of injury to him, or to any other person, and dishonestly induces him by putting
him in fear to deliver any property or any valuable thing or anything sealed and signed said to commit
extortion.

Main ingredients of extortion are:

Intentionally putting a person in fear of injury;

Dishonestly inducing the person so put him in fear to deliver his property, valuable security to another
person.
Case Law: Dhananjay v. State of Bihar

In this case, the court held that to constitute extortion, one must fulfil these ingredients:

Accused must put a person or any other person in fear of injury;

Intentionally person was put in fear by the accused;
The inducement was on the part of the accused to deliver the property;
Inducement should be made dishonestly.
Robbery
Section 390 of IPC states that in all robbery there is either theft or extortion. According to Black’s Law
dictionary robbery is a felonious act of taking the personal property of another from a person or
immediate presence against his will accomplished by using force and fear, with the intention of
permanently depriving the owner of the thing.
According to Section 392; Whosoever commits robbery, the punishment for it is rigorous imprisonment
for a term which may extend to ten years and also involves fine.

This punishment extends up to fourteen years if the offender commits robbery on highways between
the sunset and sunrise.

For attempting to commit robbery, the punishment is rigorous imprisonment of seven years and fine
also

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%2F2020%2F06%2Fsimple-difference-between-culpable.html&psig=AOvVaw09YjGR_u-
6fhMEdcYivDeS&ust=1637763836131000&source=images&cd=vfe&ved=0CAsQjRxqFwoTCJjD4vPXrvQCF
QAAAAAdAAAAABAR

https://www.legalserviceindia.com/legal/article-5080-difference-between-culpable-homicide-not-
amounting-to-murder-and-culpable-homicide-amounting-to-murder.html

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https://timesofindia.indiatimes.com/readersblog/lawpedia/right-of-private-defence-33052/