A Review of Offences Against Women under the Indian Penal Code
DOI:
https://doi.org/10.29070/ng5mbr09Keywords:
Criminal Law, Indian Penal Code, Sexual Harassment, Stalking, Defamation, PrivacyAbstract
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.
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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
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