A
Review of Offences Against Women under the Indian Penal Code
Vaishali Sahu1*, Dr. Shradha Pandey2
1
Research Scholar, Shri Rawatpura Sarkar University, Raipur, Chattisgarh,
India
sahuvaishali123@gmail.com
2 Associate Professor & Dean, Faculty of Law,
Shri Rawatpura Sarkar University, Raipur, Chattisgarh, India
Abstract: This paper reviews the offences against
women under the Indian Penal Code (IPC), with a particular focus on the
challenges posed by digital platforms and the misuse of social media. The study
explores provisions related to modesty, sexual harassment, stalking,
defamation, human trafficking, identity theft, and other offences that
disproportionately impact women. Case laws and judicial interpretations are
highlighted to demonstrate how courts have addressed such violations and
balanced them with constitutional rights such as freedom of speech and privacy.
The paper also examines the significance of the Criminal Law (Amendment) Act,
2013, which introduced reforms in response to increasing violence against women
and emerging cybercrimes. By analysing legal provisions, precedents, and
contemporary examples, this review underscores the evolving nature of crimes
against women in both physical and virtual spaces, while stressing the urgent
need for stricter enforcement, awareness, and legal reforms to ensure women’s
dignity, safety, and constitutional protection.
Keywords:
Criminal Law, Indian Penal Code, Sexual Harassment, Stalking, Defamation,
Privacy.
INTRODUCTION
It
is true that social media is unrestricted and unconstrained in every way.
Everyone has unfettered access to the vast amounts of digitally stored personal
information and data housed on this virtual premise. Communicating, sharing,
and learning has become ingrained in people's everyday lives these days.
However, there are benefits and drawbacks to it. The moment has come to
consider how it will affect society at large, both positively and negatively. [1]
Undoubtedly,
it provides a gateway to understanding and connection, where individuals may
delve into the rich traditions, customs, aura, traits, and way of life of
others. By the same token, everyone is free to express themselves and have an
open dialogue on social media. On the one hand, it has the potential to bring
people together via shared experiences and viewpoints; on the other, it allows
malicious individuals to freely distribute content that they claim is hurtful
to others. Users engage in social media activities such as tweeting,
video-sharing, blogging, and conversing in an impulsive or conscientious
manner. Such posts/interactions are often investigated in democratic nations
like India to prevent the misuse of the right to free speech and expression. In
addition, it must not infringe upon anyone's right to privacy or data
protection.
Another
view is that freedom of expression, a fundamental democratic principle in
India, is being stifled by the many internet rules that limit this new kind of
engagement.
Social
media violations of constitutional rights in India: case studies and rulings
illustrating the "Status quo".
Two
girls were apprehended by the police on November 20, 2012, in connection with
the so-called "Bal Thackeray Facebook incident." This event occurred
after one of the girls, Shaheen Dhada, commented on their Facebook page on the
death of Bal Thackeray, the chief of the Shiv Sena party. Her friend's decision
to "like" her remark caused quite a stir. Their detention was caused under
relevant provisions of the Information Technology Act, 2000 and the Indian
Penal Code. In the end, they
apologised in writing and were released on bail of Rs.15,000 apiece.
All
states and UTs were affected by another ruling handed down by the Supreme Court
on January 9, in response to the public's concern over the detention of
Facebook users for simply commenting or liking postings. They have been
instructed not to make an arrest in such a circumstance without consulting with
a senior officer first.
In
order to protect women's dignity, the Indian Penal Code includes a number of
measures. Several provisions of the Indian Penal Code (IPC) address activities
that violate women's dignity. The fundamental theme of sections like 292 and
293 as well as 509 is women's dignity.
RAISING CONTROVERSY OVER WOMEN'S MODESTY [2]
According to Section 354 of the
Indian Penal Code, it is a crime to unlawfully use force or assault a woman in
order to make her feel exposed. The crime is cognisable and cannot be solved by
bail. Sending women offensive
material and pictures and verbally abusing them are two ways that people
purposefully undermine women's dignity in today's online environment. To be
modest is to exhibit "womanly propriety of behaviour; scrupulous chastity
of thought, speech and conduct (in man or woman)" according to the Oxford
English Dictionary (1933 Edition). Reluctance or embarrassment stemming from an
innate dislike of crude or immoral comments; State v. Sanjay.[3] The court said
in Mahale VS. State Maharashtra and Anr.
that the exact definition of a violation of a woman's modesty is vague.
For women, their sex is the very definition of modesty. This case boils down to
the accused's responsible intent. Though her response matters much, the woman's
silence does not always spell disaster. According to this part, modesty is a
quality shared by all feminine humans. It is a quality that is inherent to
women because of their gender. A woman's sense of decency must be
shocked by an offender's actions for her modesty to be violated. (as also established in Tarkeshwar
Sahu vs. State of Bihar). Since purpose and knowledge cannot be measured like
material items, the presence of these concepts must be inferred from other
factors, according to the decision of the Hon'ble Supreme Court in the case of
Vidyadharan vs. State of Kerala. [4]
The
Punjab and Haryana High Court denies anticipatory release to an accused for
sending sexually explicit messages and publishing explicit photos of minors
online, stating that this constitutes an outrage against women's modesty. Such
occurrences, it added, have been "tremendously increasing day-by-day,
ruining the social fabric of our society" and need "heavy hands"
of intervention. Justice Mehinder Singh Sullar made the remark while deliberating
on Adarsh Singh's anticipatory release application. Charges of violating the Indian
Penal Code and the Information Technology Act, 2000, among others, led to the
arrest of Singh and an accomplice by the Amritsar police. Judge observes that "the learnt
state counsel has also produced on record the copies of vulgar messages, notes,
abuses and objectionable photographs" while rejecting the accused's
anticipatory bail petition. It is impossible to provide a black-and-white
description of the offensive messages and abuses sent by the accused to the
complainant, and the same have been sealed. "The tendency and frequency of
sending such vulgar messages and projecting the objectionable photographs on
internet of innocent young girls by such accused have been tremendously
increasing day by day, ruining the social fabric of our society, which needs to
be curbed with heavy hands," the judge explained. Penalties for the
offence include a fine and/or imprisonment for 1–5 years.
THEFT
OF PERSONAL INFORMATION AND DATA
As
with "theft" of moveable goods, Section 378 of the Indian Penal Code
applies to the theft of any data, whether kept online or offline. This is due
to the fact that "movable property" is broadly defined under Section
22 of the IPC to include all tangible assets, rather than only land and
anything permanently linked to or attached to anything else. According to
section 378 of the Indian Penal Code, the crime of theft carries a penalty of
either a fine or three years in prison. Since "corporeal" implies
"physical" or "material," one may argue that digital assets
are exempt from section 378 of the IPC.
However, one may counter that the drafters' intention was to
include all assets, not only land and anything permanently attached to it. A
fine, up to three years in jail, or both are possible punishments for anyone
found guilty of "cheating by personation" under Section 419 of the
Indian Penal Code. Someone is
considered to have committed "cheating by personation" if they
intentionally put themselves in another person's shoes, pretend to be someone
else, or portray themselves as someone else when they are not. [5] Identity
theft is rampant on social networking platforms such as Facebook, Instagram,
and LinkedIn. The creation of false identities or social media accounts often
targets women. Cybercriminals use this phoney account to make friend requests
to a lady in an effort to stalk her.
Forgery,
as defined in Section 463 [6] of the Indian Penal Code, comprises the
intentional creation of fake electronic records or parts of such data with the
purpose to do injury to any person. When it comes to online crimes One kind of
forgery is email spoofing. Spoofing refers to the practice of mimicking another
person or object while exaggerating its traits for the purpose of making money.
When an individual or software is able to effectively impersonate another by
manipulating data, this is known as "spoofing" of user identity.
Email, text message, or WhatsApp spoofing is possible.
Human
trafficking is addressed under Sections 370 of the Indian Penal Code. People
are being sold and bought in the process of human trafficking. A number of
advantages will result from this sale and acquisition. Women in India may be
easily bought and sold on internet marketplaces. In the guise of legitimate
employment postings, some websites recruit little girls for heinous crimes like
human trafficking. [7] In
the context of human trafficking, this becomes sexual exploitation when the
victim does not provide their consent. The felony has a required minimum
penalty of seven years in prison and a maximum term of 10 years. The case at hand is State of Gujarat
v. Vinod Vijay Bhagubhai Patel. [8] Section 370 of the Indian Penal Code does
not apply in circumstances where sex work is willingly engaged in prostitution,
according to the most recent ruling from the Gujarat High Court. This might
lead to further long-lasting reforms in the legal landscape for sex workers.
[9]
A
person's good name is safeguarded under IPC, specifically sections 499–502.
Section 499's broad definition of defamation is qualified by 10 exceptions and
four explanations. Defamation, as defined under section 499 of the IPC, carries
a penalty of up to two years in simple jail or a fine, or both, as stated in
section 500. This is a non- cognisable and bailable offence, according to the
Criminal Procedure Code (CrPC), which establishes the rules of procedure [10]. Intentionally making or publishing
an imputation about another person with the intent to harm their reputation, or
having knowledge or reason to believe that such an imputation will harm their
reputation, is considered defamation under Section 500 of the Indian Penal
Code, except in the cases mentioned below. As of late, trolling has become more prevalent on several social media
sites.
Some
examples of trolling include people making derogatory remarks regarding women's
social media postings. Legally, one's opinion is protected. Opinions,
therefore, do not constitute defamatory statements. However, there are
instances where a court would treat an opinion as fact if it has caused harm to
another person. [11] It is now commonplace to see women's reputations tarnished
in cyberspace as a result of deliberate targeting. Trolls prey on women on
social media by slandering them with fake information, insulting them publicly,
or tagging them in explicit messages. Defamation, as defined under section 499
of the Indian Penal Code, encompasses all of these actions that damage women's
reputations.
Indian Penal Code Section 507 addresses the
crime of criminal intimidation using an unknown communication medium. The crime
of criminal intimidation, which includes the use of repeated communications to
threaten another person while concealing one's identity, has a maximum sentence
of two years in jail. When it comes to "criminal intimidation by anonymous
communication," Section 507 of the IPC is relevant. According to this
provision, it is considered an offence when the stalker attempts to conceal his
identity in order to keep the victim in the dark about who is threatening them.
As a result, it guarantees the exact thing that makes cyberstalking so
dangerous: the ability to remain anonymous. Under this provision, the stalker
is guilty if he tries to hide his identity.(Keswani; Heena 137) [12]
Any
act, word, or gesture done with the intent to embarrass a woman, to be seen or
heard by her, or to interrupt and invade her privacy is made illegal under
Section 509. The maximum penalty for this offence is one year in simple jail, a
fine, or both. If a person's actions, whether physical or verbal, invade a
woman's right to privacy, whether by email, text message, or social media post,
they may be prosecuted under this clause. He will be in violation of Section
509 of the Indian Penal Code if he engages in any of these actions.(Keswani;Heena 138) [13]
CRIMINAL
AMENDMENT ACT 2013
A
good code, according to Macaulay, the architect of the Indian Penal Code (IPC),
should be precise (i.e., devoid of ambiguities), comprehensible (i.e., readily
understood by ordinary individuals), and the product of legislative law making
(i.e., with little intervention from the judiciary). In contrast to the
aforementioned traits, however, the lengthy IPC, which is subject to periodic
amendments and court rulings, has grown in importance over the years. Crimes of
rape in Kathua, Unnao, and Hathras [14] have reignited the long-forgotten
horrors of December 16, 2012. As post-independent India's society faced head-on
with the powerful "system," the horrific gang rape of a 23-year-old
physiotherapy student was a turning point. In India, the Indian Penal Code
(IPC) ranks high among the country's criminal statutes. The code of offences is
rather detailed, with definitions and sanctions for each. A number of revisions
pertaining to sexual offences were included in the Criminal Law (Amendment)
Act, 2013 the latest amendment to the IPC which was followed by the Criminal
Law Amendment Act, 2018.
First,
the Criminal Law Amendment Act has changed some provisions of the IPC; second,
it has added new sections that make new crimes under the IPC. Violence against
women is on the rise, and these changes are an attempt to stem the tide. A
deterrent effect on offenders is the goal of the revisions. The legislation's
goal of 'deterrence,' however, has resulted in criminal regulations that are
disproportionate and unreasonable (Gupta; Abhishek 2018 pp. 137-139). [15] Recent technological developments, such as
voyeurism and stalking, inspired the addition of new offences to the Criminal
Amendment Act of 2013. Crimes like stalking and voyeurism are rampant in the
online realm.
Sexual
harassment is defined under Section 354 A [16] of the Indian Penal Code. Asking
a lady for sexual favours by email is an example of sexual harassment in the
virtual world. Displaying pornographic material and making sexually suggestive
comments are also part of it. The internet has made it easy for pornographic
movies to become viral, and the perpetrators often target women by sending them
obscenity messages demanding sexual favours, which may have a devastating
effect on their self-esteem. Sexual harassment is a bailable crime because of
its nature.
According
to Section 354 D of the Indian Penal Code, a man commits the crime of stalking
towards a woman if he follows her, contacts her for the purpose of personal
interaction, repeatedly tries to do so despite a clear indication of
disinterest, or monitors her through the internet or any other form of
electronic communication. The criminal crime of stalking may be established by
such an act. Stalker convictions carry a maximum sentence of three years in
jail and a fine of up to three times the amount of the first offence. The
maximum penalty for a second or subsequent conviction is five years in jail and
a fine. Schedule 1 of the Criminal Procedure Code specifies that a first
conviction for the crime of stalking carries a fine and a maximum sentence of three
years in jail; the offence is cognisable, bailable, and subject to trial by any
magistrate. However, the maximum sentence for a second or subsequent conviction
of stalking is five years in jail and a fine; the offence is thus no longer
bailable. The crime of stalking may be perpetrated in two ways: physically, by
eavesdropping, or cyberstalking. [17] Cyberstalking and physical stalking are
also addressed in this section.
This
section lays out the parameters within which the crime of "stalking"
may be prosecuted. The section makes it quite clear that stalking is the crime
of trying to keep tabs on a woman's online activity. Accordingly, Section 354D
of the Indian Penal Code establishes the offence as a criminal whenever the
stalker engages in any of the behaviours listed in the section. The section
makes it quite clear that stalking is the crime of trying to keep tabs on a
woman's online activity. Accordingly, Section 354D of the Indian Penal Code
establishes the offence as a criminal whenever the stalker engages in any of
the behaviours listed in the section. (Heena 136–137; Keswani 193) [18] The
number of reported incidents of stalking has also increased significantly.
There were 9,438 documented incidents of stalking in 2018, up from 8,145 in
2017 and 7,190 in 2016. The highest number of stalking instances was recorded
in Maharashtra, with 2,088, followed by Telangana with 1,459 incidents, and
Madhya Pradesh with 1,255 cases. Of the cities that had stalking instances
documented, the most were in Mumbai (513), Delhi (410), and Kolkata (119). [19]
The
trade of human beings for financial gain is known as trafficking. This kind of
enterprise exists with the explicit goal of taking advantage of the other
party. Section 370 A was inserted to the Indian Penal Code and the scope of
section 370389 was increased by the amending Act of 2013. The use of coercion,
threats, fraud, abuse, etc., in addition to slavery itself is included under
Section 370. Physical exploitation, in which the victim's permission is not
relevant, is also included in the word exploitation. The crime of human
trafficking has severe penalties.
Fine
and 7–10 years in jail. This crime may be prosecuted and cannot be expunged.
The victim's exploitation is an additional provision of section 370 A,[20]
which was inserted in 2013. Those found guilty of exploiting minors face harsh
punishments, including fines and prison terms of at least five years and up to
seven years. The exploitation of a trafficked person carries a fine and a prison
sentence of three to five years.
Within
the 370 and 370a sections Among the primary motivations for trafficking and
sexual exploitation. Criminals on social networking sites often prey on women
by using psychological techniques such as bluffing. They purposefully initiate
contact with women by sending friend requests. The perpetrators then use the
fake promise of marriage to entice the lady. Second, in the course of offering
services, some criminals may divulge their contact information. But instead of
giving women decent employment or marrying them, they push them into
prostitution.
According
to the most recent statistics available from the National Crime Records Bureau
(NCRB), human trafficking incidents in India reached a three-year high in 2019.
Compared to 2018's 5,788 instances and 2017's 5,900 cases, this year's total of
6,616 reports of human trafficking is much higher. The number of trafficking
cases that resulted in convictions fell from 29.4 percent in 2018 to 22.2
percent in 2019. With 536 victims, Delhi had the second-highest number of kids
trafficked in 2019, behind only New Delhi with 608 instances. Among the states
and union territories (UTs), Delhi has the second-highest number of incidents
of child trafficking from 2017 to 2019. As far as states go, 2019 was the worst
year for child trafficking in Rajasthan. Six hundred thirty-six instances
included males and seventeen involved girls. Of the 986 incidents of human
trafficking reported in Maharashtra, 95 included victims younger than 18 and
936 involved victims older than 18. [21]
Therefore,
in an effort to include newly developing forms of crime like as stalking,
internet trafficking, voyeurism, etc., the Criminal Amendment Act of 2013 was
enacted after the Nirbhaya Case. As far as women's safety is concerned, I think
the Justice Verma Committee did an excellent job of pinpointing the problem
areas.
CONCLUSION
The analysis reveals that while the Indian Penal Code
provides several safeguards to protect women’s dignity and security, the rapid
growth of technology and social media has created new dimensions of
vulnerability. Offences such as stalking, cyber harassment, identity theft, and
trafficking have expanded beyond traditional contexts, demanding more nuanced
interpretation and enforcement of legal provisions. The Criminal Law
(Amendment) Act, 2013, was a critical milestone in strengthening protections,
yet persistent challenges remain in terms of implementation, victim support,
and curbing misuse. Judicial interventions have played a significant role in
setting precedents and ensuring that constitutional rights are not violated in
the name of regulation. However, the growing instances of online abuse,
trolling, and exploitation highlight that legal measures must be complemented
by strong social awareness, digital literacy, and institutional accountability.
Ultimately, safeguarding women in both physical and digital spaces requires a
collective effort that integrates law, policy, technology, and societal
responsibility to build a safer and more equitable environment.
References
1.
Supra
Note 239
2.
Section
354 -Assault or criminal force to woman with intent to outrage her modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will there by outrage her modesty, shall be
punished with imprisonment of either description for a term which shall not be
less than one year but which may extend to five years, and shall also be liable
to fine.
3.
11
September 2014
4.
(2004) 1
SCC 215
5.
Joseph;
Vinod, Ray; Deeya (2020) Cyber Crimes In The Ipc And It Act - An Uneasy
Coexistence, Mondaq Connecting Knowledge and People , Available at
https://www.mondaq.com/india/it-and-internet/891738/cyber-crimes-under-the-ipc-and-it-act--anuneasy-coexistence#:~:text=The%20cyber%2Dcrimes%20which%20are,67%20of%20the%20IT%20Act%3
B&text=cyber%20terrorism%20under%20section%2066F%20of%20the%20IT%20Act.coexistenc
e/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
Accessed on 29th March 2020
6.
Forgery-
Whoever makes any false documents or false electronic record or part of a
document orelectronic record, with intent to cause damage or injury], to the
public or to any person, or to support any claim or title, or to cause any
person to part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed, commits forgery
7.
Withers;
Mellissa(2019) Social Media Platforms Help Promote Human Trafficking Available
at https://www.psychologytoday.com/us/blog/modern-day-slavery/201911/social-media-platformshelp-promote-human-trafficking
Accessed on 9th July 2020
8.
28th
December 2016
9.
Vinod
Vijay Bhagubhai Patel vs State of Gujarat Available at
https://www.casemine.com/judgement/in/58ba56e82713e13a98901d78 Accessed on 24th
March 2019
10.
Shivi
(2016) Defamation Laws And Judicial Intervention: A Critical Study ILI Law
Review pg 170-183 Available at http://ili.ac.in/pdf/paper10.pdf Accessed on
15th September 2019
11.
Semwal;Ananya
(2020) Cyber Defamation: The Court of Social Media Available at
https://www.latestlaws.com/articles/cyber-defamation-the-court-of-social-media/
Accessed on 23rd August 2020
12.
Supra
Note 116
13.
Supra
note 116
14.
The
Hathras rape case in Uttar Pradesh refers to gang rape of 19 years old women on
14th September 2020
15.
Supra
Note 374
16.
Sexual
harassment and punishment for sexual harassment 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 subsection (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
17.
Laws
related to stalking and Voyeurism In India(2020) Law Circa Redefining Law and
Policy Available at
https://lawcirca.com/laws-related-to-stalking-and-voyeurism-inindia/#Section_354D_of_IPC
Accessed on 20th July 2020
18.
Supra
note 385
19.
Supra
note 116
20.
Whoever,
knowingly or having reason to believe that a minor has been trafficked1,
engages such minor for sexual exploitation in any manner, shall be punished
with rigorous imprisonment 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. 2
Whoever, knowingly by or having reason to believe that a person has been
trafficked1, engages such person for sexual exploitation in any manner, shall
be punished With rigorous imprisonment for a term which shall not be less than
three years, but which may extend to five years, and shall also be liable to
fine
21.
Munshi,
SuhasHuman Trafficking Hit Three-year High in 2019 as Maha Tops List of Cases
Followed by Delhi, Shows NCRB Data, News 18 India Available at
https://www.news18.com/news/india/human-trafficking-hit-three-year-high-in-2019-as-mahatops-list-of-cases-followed-by-delhi-shows-ncrb-data-2944085.html
Accessed on 15th November 2020