Provisions of IPC & CRPC which every woman should know

Introduction

Since time immemorial, the woman has suffered a lot. There are many evils that exist in our society such as Dowry death, rape, kidnapping, selling of girls. All these things are considered crime in the eyes of law. Laws are being made by our lawmakers to stop such kinds of crime against women. So, this article briefly discusses the provisions available in the Indian Penal Code for woman, however, there are other statues in India as well, such as CRPC, special laws for a woman such as dowry prohibition act, POSCO, maternity benefits Act, etc.

Provisions of  IPC

Outraging the modesty of women

(Section 354 of IPC)

According to section 354 of the IPC, if someone assaults or uses criminal force to outrage the modesty of a woman, then he can be punished with imprisonment of a minimum of 1 year and maximum to 5 years, or fine or both.

The word used ‘assault’ here doesn’t mean only using physical force, it also includes making verbal gestures with the intention to outrage the modesty of a woman. Section 351 of IPC has clearly defined the word ‘assault’

However the word ‘modesty’ is not yet defined in IPC, but the Supreme Court has defined the term as ‘feminine decency’. It is a non-bailable and cognizable offense.

Sexual harassment and punishment of sexual

harassment(Section 354 A of IPC)

If a person commits any of the following offences-

1. (i) physical contact and advances involving unwelcome and explicit sexual overtures.

 (ii) a demand or request for sexual or physical favours.

 (iii) showing pornography against the will of women.

 (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.

2. (punishment for 354 [1(i), (ii), (iii)]- If a person commits any of the offence described in Section [1(i), (ii), (iii)] shall be punishment for a term which may extend to 3 years, or fine, or both).

3.(punishment for 354 clause 1 sub-clause (iv)- imprisonment for a term which may extend to 1 year or fine or both.

It is a bailable and cognizable offence.

Disrobing or compelling woman for

sexual favours 

(Section 354 B of IPC) 

If a person disrobes or forces a woman to be naked by use of assault, criminal force or abetment, he shall be punished with a term of minimum 3 years and a maximum of 7 years and will also be liable for fine.

Voyeurism

(Section 354 C of IPC)

If a person watches or captures the image of a woman who is engaging in a private act, at a place where she usually don’t expect the offender or any other person on his behalf watching her while doing that private act, he can be punished with punishment for a term with minimum 1 year and maximum 3 years in the first conviction  and shall be liable of fine, a term of minimum 3 years and maximum 7 years and shall be liable of fine in the second conviction.

Stalking

(Section 354 D of IPC)

Stalking is a crime under Section 354 D of IPC. If you are being stalked by someone, you can approach the National Commission for Women(NCW) or you can also approach the local commission for women in your area. It doesn’t matter whether you are being stalked by someone on the road or through social media, even after showing your disinterest in him by you. The calling number of the National Commission for Women (NCW) is 0111-23219750. If you receive any kind of obscene or calls by stalkers, you can call on this number-1096.

Cruelty to woman

( Section 498 A of IPC)

If you are married, it doesn’t mean that it is the right of the husband to do cruelty with you. Section 498 A is enacted by our lawmakers to safeguard the women from any kind of cruelty by husband or relatives of the husband. If your husband does any kind of cruelty, whether physical or mental and if such act by your husband insists you to commit suicide or causes major injury or danger to your life, limb or health(mental as well as physical health), such a man shall be liable for imprisonment up to 3 years or fine. This act can also be used against dowry demands by husbands. It is a cognizable and non- bailable offence.

Dowry death

(Section 304 B of IPC) 

If a woman dies within 7 years of her marriage, and it is found that she has been subjected to cruelty or harassment by her husband or husband’s in-laws for dowry soon before her death, her husband or husband in-laws shall be held liable for her death. The punishment for dowry death is a minimum of 7 years and a maximum of life imprisonment.

Rape; Sexual Offences Under IPC

Rape-Section 375, 376 A, 376 B, 376 C, 376 D, 376 E talks about rape and its punishment.

Rape has been defined in section 375 of IPC, 376 describes punishment for rape, 376 A- Punishment for causing death, or resulting in a persistent vegetative state of the victim. 376 AB- Punishment for rape of woman under 12 years of age, 376 B- sexual inter cousre by husband on woman after separation without her consent, 376 C- Rape by a person in authority, 376 D- Gang rape,376 DA. Punishment for gang rape on woman under sixteen years of age. 376 DB-Punishment for gang rape on woman under twelve years of age, 37 E-Punishment for repeat offenders.

Kidnapping

Section 359 of IPC has defined the term kidnapping, kidnapping are of two kinds, kidnapping from India and kidnapping from lawful guardians.

Kidnapping a woman for compelling her to marry- section 366 of IPC prohibits kidnapping or abducting a woman so that she can be forced to do sexual intercourse and can be compelled to marry against her will.

Procreation of minor girl

Section 366 A of IPC prohibits procreation of a girl below 18 years of age. This section mainly deals with kidnapping a minor girl for sexual offences.

Importation of girl from a Foreign country

Section 366 B of IPC prohibits importing a girl from another state or state of Jammu and Kashmir who is under 21 years of age for sexual offences. Mostly the girls are imported in India from Nepal so that they may be forced to get into the evil of prostitution.

Stridhan

Stridhan is the property, gifts, or money given to the bride at the time of her marriage or after her marriage out of love and affection. It  includes the gifts given to the bride by her in laws, her parents or by husband itself. Sometimes, most the woman gives the custody of the gift or property to her husband or in laws out of trust, but it doesn’t mean that the property belongs to them.  If anybody whether husband or woman’s in laws tries to misappropriate her stridhan or husband or her in laws denies to return back the stridhan to her even after her demand, the woman can lodge a complaint under 406 of IPC- Criminal breach of trust.

Provisions of CRPC

Provision of zero FIR

Under Section 154 of CRPC, every police officer is law-bound to longe zero FIR. Zero FIR gives the right to victims of any cognizable offence whether Rape, Robbery, Murder or any other cognizable offence. The police should lodge an FIR immediately, irrespective of the jurisdiction in which the cognizable offence is committed.

Search of Arrested Person

According to section 51(2) of crpc whenever the accused in any case is a female, and it is required to search for such a female, such a search should be done by the female with strict regard to decency.  

Arrest by female police officer

(Section46(1))

Where the arrest is of a woman, the police officer shall not touch the body of the woman for effecting the arrest, unless the police officer is female.

Where the victim hides himself in the

house of woman

If the person to be arrested hides himself in the house of a female, and if the woman don’t usually appear in public(according to custom), it is the duty of the police to give notice to such a female to withdraw or give her reasonable facility to withdraw, after which police are allowed to break the house and enter.

Investigation procedure in rape offence

Section 157 of CRPC provides for procedure for investigation in rape offenses.  The statement of the victim shall be recorded at her residence or at any other place where she feels comfortable by a woman police officer in the presence of her parents, guardians or social worker of the locality.

Right to maintenance

Women are given right to maintenance from husband under section 125 of CRPC.

No arrests after sunset and before

sunrise (46(4) of CRPC)

A police officer is not allowed to arrest a woman after sunset and before sunrise, but they are allowed to do so only in exceptional cases but required to obtain written permission of Judicial Magistrate of 1st class for the same.

Conclusion

Instead of so many attempts by our lawmakers to stop crime against women, severe to severe punishments are being described in the Indian Penal Code, CRPC and various other statues as well so that wrongdoers have fear in their minds of getting punished, Still the crime rate against women is high. So it’s  my note for all the woman- “ The world is full of evil people, it’s  your duty to be careful and cautious”. If someone tries to do wrong with you, raise your voice as nar+aari=naari.

For detailed provisions of IPC, go through underlinked-

https://indiacode.nic.in/bitstream/123456789/2263/3/a1860-45.pdf