Specific offences

"SPECIFIC OFFENCES"
By Atul Jaybhaye
B.A.,LL.B.,
LL.M.,D.IPL.NET

Wrongful restraint. Sec.339 of
IPC
 Sec.339 to 348 of IPC deals with wrongful restraint
and wrongful confinement.
Meaning of W.R. : “Whoever voluntarily obstructs any
person so as to prevent that person from proceeding in
any direction, in which that person has a right to
proceed, is said wrongfully to restrain that person.”
Object of this Section:
 To protect the liberty of a person.
 Every person has a right to move.
 Offence of WR is complete as soon as the freedom of
movement is obstructed by any other person.

Ingredients of WR.
The ingredients are:
 Voluntary obstruction of a person.
 The obstruction must be such as to prevent that
person from proceeding in any direction in which he
has a right to proceed.
 Person concerned must have a right to proceed.
Imp. Physical force is not always necessary to obstruct
any person . The offence of WR can be committed even
by giving threats.
Exception to WR: Easementary rights. Right to way,
right to water from private well.

Examples of W.R.
 If mukesh is already late for exam and ramesh blocks
his way. Here Ramesh commits an offence of wrongful
restraint.
 When a landlord puts his own lock on door and
removes lock of tenant, not allowing him to go inside
amounts to WR.
 When driver of a truck park his vehicle in a such a
manner as to prevent another vehicle which was
coming from behind, to proceed further, amounts to
WR. Here there is no physical force.
 A was on the roof of a house. B removes the ladder
and thereby detains A on the roof.
 ‘A’ takes a lift from ‘B’ in his car from Anekal to
chandapura. Even after reaching to chandapura, ‘B’
doesn’t stop car and drives it to Hosur road. Here ‘B’
is guilty of WR.

Case law on W.R.
 Vijay kumari vs S. M. Rao AIR 1996 SC 1058
Indian Penal Code, 1860, s. 341 - Wrongful
restraint - Complainant teacher a licensee of room in
hostel - Right to live after termination of license.
Held: necessary pre-condition is that person
concerned must have right to proceed - Not have
right to live after termination of - School authorities
cannot be charged for wrongfully restraining her
from entering to said room.
Imp: “Wrongful restraint is not there in above case
since she had no right to proceed in hostel after
termination of license.”

Wrongful Confinement Sec. 340
 Sec. 340 explains the concept of wrongful
confinement.
“whoever wrongfully restrains any person in such a
manner as to prevent that person from proceeding
beyond certain circumscribing limits, is said
wrongfully to confine that person.”
Ingredients of this section are:
 wrongful restraint should be there.
 And such restraint must prevent that person from
proceeding beyond certain limits.
 Ex. See the illustrations provided to sec. 340

Wrongful Confinement
Imp points:
 There can be no wrongful confinement when
desire to proceed has never existed. i.e. there has
to be desire to proceed.
 Again if person is confined with his own consent,
then it’s not a confinement.
 For wrongful confinement proof of actual physical
obstruction is not essential.
 Period of confinement is immaterial under this
section to constitute an offence. However,
punishment may vary according to the period of
confinement.

Case Laws on WC.
 Gopal Naidu (1922) 46 Mad. 605
Facts: Two police officers arrested a person without
warrant who was drunk and creating disturbance
in a public street and confined him in the police
station. It was not known to what extent that
person was a danger to others or their property.
The offence for which he was arrested was non-
congnizable one.
Held: since it was non-congnizable offence and
grounds of arrest were not known the person
arrested, it was a case of wrongful confinement.

Case Laws on WC.
 act done in good faith- No WC
Problem: A police officer was asked to arrest one
person ‘M’. After reasonable inquiries, a police
officer arrested ‘Z’, original complainant of the
case. Z brings suit against a police officer for
WC.
Solution: police officer can’t be charged for WC,
since he has acted in good faith.

Distinction between WR & WC
 Offence of wrongful restraint , is
the genus.
 In the offence of wrongful
restraint , the offender obstructs
the victim from proceeding to any
particular direction towards which
he had right to proceed.
 the restraint is partial , the victim
could proceed towards any other
direction than towards the
direction he was restrained .
 whereas the offence of wrongful
confinement is a species . Wrongful
confinement is severe form of wrongful
restraint .
 But in the offence of wrongful
confinement , the offender obstructs
the victim from proceeding beyond
certain circumscribing limits towards
which he had right to proceed.
 But In the offence of wrongful
confinement , the restraint is total , the
victim could not proceed towards any
direction.
Wrongful restraint
Wrongful
confinement

Of Criminal force & Assault
Sec.349
Sec. 349 Definition: Force
 A person is said to use force to another if he causes,
i) motion, ii) change of motion or iii) cessation of motion to
that other person OR
 If he causes to any substance such
i) motion, ii) change of motion or iii) cessation of motion as
brings that substance into contact with any part of that other’s
body, or with anything which that other is wearing or carrying.
Three conditions have to satisfied to constitute an offence of
force, that such force was caused by;
First- by his own bodily power,
Second- by disposing any substance,
Thirdly- by inducing any animal to move, to change its motion.

Of Criminal force Sec.350
Definition:
The force becomes criminal force:
i) when it is used in order to the committing of
the offence and is used without consent.
ii) When it is intentionally used to cause injury,
fear or annoyance to some other person.
 The term criminal force includes what in
English law is called Battery.

Of Criminal force Sec.350
 Ingredients of Criminal force:
A) the intentional use of force to any person.
B) The force must have been used in order to the
committing an offence or with the intention to cause
or knowing it to be likely that he will cause injury, fear
or annoyance to that person.
Ex. When A spits over B, A would be liable for using
criminal force against B, because spitting must have
caused annoyance to B.
Note: See the illustrations provided to Sec. 350

Assault Sec.351
 Ingredients of Assault:
i) Making any gesture or preparation by a person in the
presence of another.
ii) With the intention or knowledge of likelihood that such
gesture or preparation will cause the person present to
apprehend that the person making it is about to use
criminal force to him.
Imp. Causing of some actual hurt is not necessary for
constituting assault, mere threat may constitute assault.
Case law- Rupabati vs Shyama AIR 1958 Cut. 710
Ex. Of Assault:
A points a loaded pistol at B. it would be an offence of assault.

Assault Sec.351
Imp. Points:
 Intention or knowledge that the gesture or preparations made
by accused would cause such effect upon the mind of
another that he would apprehend that criminal force was
about to be used against him. See illustration (b)
 Explanation to section provides that mere words don’t
amount to an assault. However the words used by a person
at the time may add such meaning to his gestures or
preparations that it may amount to an assault.
 There are two case laws on this point.
 Birbal khalifa (1902) I.L.R. 30 Cal. 97
 Ram singh, AIR 1935 Pat. 214

Assault Sec.351
 Birbal khalifa (1902) I.L.R. 30 Cal. 97
In this case a person took a lathi and shouted that he
will break the head of a police officer, if he insists upon
taking his thumb impression. It was held that mere
utterance of threatening words doesn’t amount to
assault, hence he was not guilty of assault.
But in another case of Ram Singh vs Emperor AIR 1935
Pat. 214
Where a person shouts that he would be coming back
and teach a lesson to the police officer and accordingly
he comes back with a lathi, moves close to the police
officer raising reasonable apprehension that he was
about to use criminal force, the accused was guilty
under this section.

Distinction between Assault &
CF
 Assault is something
less than the use of CF.
 Assault is prior stage of
CF.
 In assault, the accused
creates apprehension
that he was about to
use CF.
 Assault doesn't include
CF
 Cri. Force is serious
offence than assault.
 Cri. Force is an
aggravated form of
Assault.
 In CF there is no such
apprehension since CF
is already used.
 However, in every
criminal force there is
Assault.
Assault Criminal force

Punishment for Assault and CF
 Sec. 352
 Whoever assaults or uses criminal force to any person
shall be punished with imprisonment of 3 months.
 Explanation to this section provides that if it is caused
by grave and sudden provocation then it may mitigate
the punishment for an offence. Again if it is given by
public servant in exercise of his duty or by any person
in the lawful exercise of right of private defense, then
also it would reduce the punishment.
 Exceptions provided to sec. 300 i.e. murder are
similar to the explanation of this section. Grave and
sudden provocation should not be caused voluntarily
by offender.

Assault/CF to deter Public
Servant
 Sec. 353
 For invocation of this section a victim should
be a public servant, discharging his official
duties.
 Whoever intents to prevent or deter a public
servant from discharging his duties, then this
section will be applicable.
 Injury or actual hurt is not necessary under this
section.

Assault/CF to deter Public
Servant
 Devisingh vs state of M.P. 1993Cr.L.J.1301
[Injury or actual hurt is not necessary under this
section.]
Facts: the wife of the accused was being taken to
police station in execution of search warrant
accompanied by a constable. The accused attacked
his wife and also the police constable.
Held: The conviction of the accused u/s.353 was
held to be proper, though no injury as such was
caused to the constable. The court held that actual
causing of injury is not necessary for conviction
u/s.353.

Sec. 354 Assault on Woman
 This section speaks about outraging modesty of a woman,
and makes it punishable.
 Meaning of Modesty: Modesty is not defined in I.P.C.
It was held in Raju Mahale vs State of Maharashtra AIR 2004
Cri. L.J.1441 SC:
“what constitutes an outrage to female modesty is nowhere
defined. The essence of a woman’s modesty is her sex. The
culpable intention of the accused is the crux of the matter.”
however it is associated with female human beings as a class.
Man can’t be a victim of outraging of modesty.
Ex. act of pulling a woman, removing her saree, request for
sexual intercourse is punishable under this section.

 Ram pal vs State of MP 2007 II Cri. L.J. 2302 SC
Appeal against conviction and sentence-charged
u/s.376,354 of IPC-The victim had gone in the field for
some work-on her way to back-the appellant came to
her and proposed for sexual intercourse-whether
sec.354 is applicable here-court favors victim’s
contention-appeal dismissed.
Following ingredients were also found in this case law.
 That the assault must be on a woman.
 That the accused must have used cri. Force
 Such cri. Force must have used to outrage her
modesty.

 Aman kumar vs State of Haryana 2004
Cri.L.J.1399 SC
The accused was charged u/s.302 of IPC-however
later on there was variation in evidence of victim and
evidence of her father- father had complained only
of teasing and not rape- therefore it was held that
conviction for rape is not proper-accused held liable
u/s. 354.
Note: since teasing amounts to outraging a modesty
of a woman and no charge of rape was proved in
this case. He was held liable u/s. 354

Female Child of 7 years possess modesty?
State of Punjab vs Major Singh AIR 1967 SC 63
In this case accused had caused injury to the
private parts of 7yrs old- question arose whether
female child of 7 yrs. possess modesty- the SC
was of the view that essence of woman’s
modesty is her sex- female child was considered
as a woman- age is irrelevant so far-accused
was held guilty u/s.354.

Sec. 354-A to Sec 354-D IMP
 Criminal Amendment Act 2013
 The Criminal Amendment Act was passed by
Loksabha on 19th March 2013. Amendment was
brought as a result of Brutal Delhi Gang Rape
case. Amendments were brought in respect of
sexual offences in IPC.,CR.P.C & Evidence.
 Rampant incidents are happening of sexual
harassment.
 Justice Varma (JVC) headed a committee to
present report within 30 days after happening of
this incident.
 The Bill received Presidential assent on 2 April
2013 and came into force from 3 April 2013.

Changes brought in IPC to
Sec.354
 Sec. 354-A Sexual harassment
 physical contact and advances involving
unwelcome and explicit sexual overtures; or
 a demand or request for sexual favours; or
 making sexually coloured remarks; or
 forcibly showing pornography; or
 any other unwelcome physical, verbal or non-
verbal conduct of sexual nature.
 Note: The offence is no longer gender-neutral,
only a man can commit the offence on a woman.

Sec.354
 Sec.354- B Assault or use of CF to disrobe
woman
Meaning of disrobe- to undress woman, to
remove her clothes against her wish.
“Whoever assaults or uses cri. Force to any
woman with intention to undress her or compel
her to be naked, shall be punishable not less
than 3 yrs. but which may extend to 7 yrs.”

Sec.354
 Sec.354 – C Voyeurism
Meaning of voyeurism: “Being happy or deriving pleasure
simply by seeing a scene. Any man who watches or captures
the image of a woman engaging in private act is punishable
under this section.”
 Object behind this amendment:
 To uphold dignity of woman, to protect her privacy.
 In villages there are no private constructed washrooms.
 In malls, Lodge there might be hidden cameras.
Note: The offence is no longer gender-neutral, only a man can
commit the offence on a woman. Offence is punishable not less
than 3 yrs. but which may extend to 7 yrs.

Sec.354
 Sec.354 – D Stalking
Meaning of stalking: “To follow a woman and contact, or attempt
to contact such woman to grab her attention even after repeated
disinterest shown by such woman.”
 Stalkers are also known to throw acid on their victims, as a
way to take revenge. Acid attack was rampant some days
before.
 By making stalking a crime, the law can actually prevent rape
and other forms of aggravated sexual crimes and save
innocent women from being brutally sexually assaulted.
Note: Again the offence is no longer gender-neutral, only a man
can commit the offence on a woman. Imprisonment not less
than 1 year but which may extend to 3 years, and shall also be
liable to fine.

Kidnapping & Abduction Sec. 359
to 369
Sec.359
Kidnapping
Kidnapping
from lawful
guardianship
Kidnapping
from India

Kidnapping from India
 The word kidnapping has been derived from the
word ‘kid’ means child and ‘napping’ to steal.
Kidnapping means a child stealing.
 Kidnapping from India :Sec.360
To attract this section there must be:
1) Conveying of any person beyond the limits of
India.
2) Such conveying must be without the consent of
that person or of some one legally authorised to
consent.
Note: The word conveying means carrying a person
to his destination. The offence under this section
may be committed against any person male or
female, major or minor, irrespective of his

Kidnapping from Lawful
guardianship
 Sec .361: Essential ingredients
 Taking or enticing away a minor or a person of
unsound mind.
 Such minor should be under the age of 16yrs,if a male
and if a female under the age of 18yrs.
 The taking or enticing must be out of the keeping of
the lawful guardian of such minor.
 Taking or enticing must also be without the consent of
the guardian.
Note: The consent of such minor is totally irrelevant. The
consent of such lawful guardian plays an important
role.

guardianship
 The meaning of word 'takes’ means ‘causes to go,
to escort, to get in possession’. The taking need
not be by force.
 Active participation of accused in the girl’s leaving
her lawful guardian’s custody taking shelter with
him amounts to kidnapping. Again the consent of
the girl is not relevant.
 The taking of the child out of the lawful
guardianship is necessary. Even if minor is
kidnapped from outside still it is presumed that
he/she is kidnapped from lawful guardianship.

guardianship
Vardarajan vs. State of Madras AIR 1965 SC 942
A minor girl, who had left the protection of her father
knowing and having capacity to know of what she
was doing and later on joined the accused
voluntarily. The SC observed that accused can’t
be held liable for taking her away from the
keeping of her lawful guardianship.
Note: Active participation of accused should be
there and mere inducement may amount to
kidnapping. These elements were absent in the
present case.

guardianship
 The word ‘Enticing’ means inducing a minor to go of
her own wish to the kidnapper. Physical force is not
necessary again. It involves the an idea of inducement
by creating hope or desire in the other.
T.D. Vadgama vs. State of Gujrat AIR 1973 SC 2313
In this case accused was charged for kidnapping a
minor girl- below 15yrs of age- accused had an earlier
stage induced girl mohini to leave her house and
promised her to give shelter- after some days girl left
house of her own- defense of accused was that it was
not an immediate act after inducement- the SC held
accused liable for kidnapping and observed that
defense of accused is not valid defense- minor had
left her house believing on accused statement.

guardianship
 Imp Points:
 The offence of kidnapping is complete as soon as
minor is taken away from lawful guardianship.
 Knowledge of the accused that the person
kidnapped is below the statutory age is
immaterial. It can’t be a defense that accused had
no knowledge.
 When minor is kidnapped, it is not necessary that
minor should be in physical possession of
guardian. Minor can be kidnapped even when he
goes to school, park or any other place.

guardianship
 Position under Hindu Law and Mohammedan Law:
Hindu Law: Father is considered as guardian of his children and
is entitled to their custody.
Ex. If a mother removes a girl from her father’s house for the
purpose of marrying her without his consent then she would
be guilty for kidnapping.
This rule applies in case of legitimate children. In case of
illegitimate children mother is considered as proper guardian.
Mohammedan Law: under Sunni law mother is the guardian of
her daughter until she attains puberty and of her son below 7
years of age. If father takes away a son or daughter from
custody of the mother, he would be guilty of kidnapping.

Abduction Sec.362
 The following are the ingredients for abduction
1. Forcible compulsion or inducement by deceitful
means.
2. The object of such compulsion or inducement
must be the going of a person from any place.
When force, fraud or deceitful means are used so as
to compel or induce a man to move from one
place to another the offence under this section is
committed.
Note: Abduction is a continuing offence and a
person is liable not only when a person is first
moved from one place to another but all those
who are involved in moving such person are

Abduction Sec.362
 Chundu Murmu vs State of West Bengal AIR 2012
CRI.L.J. 2861 SC
This appeal is directed against the judgment passed by
the High Court of Calcutta affirming the conviction of
the accused -- under Sections 302, 364 and 201 of
the IPC-- The accused-appellant and the deceased
were married for about 6 years and that there were
frequent quarrels between the two--The accused had
brought back his wife to his home--the action of the
accused in bringing back his wife to the matrimonial
home from the house of PW 6 - Bishu Murmu cannot
attract the necessary ingredients of either the offence
of kidnapping or abduction so as to attract Section
364 IPC--Consequently this appeal is partly allowed.

Distinction between Kidnapping
and Abduction
 Kidnapping from LG is
committed in respect of
minors. If a male under 16
and female under 18 yrs of
age and in respect of person
of unsound mind.
 Kidnapping is taking away of
a person from LG.
 Consent of the person
kidnapped is immaterial.
 Kidnapping is not a
continuing offence. The
moment he is removed from
LG, offence is complete.
 Whereas abduction may be
take place against a person
of any age.
 However, in abduction such
guardianship is not
necessary.
 In case of abduction if free
and voluntary consent is
there, it can’t be an
abduction.
 Whereas, abduction is a
continuing offence and
continues so long as the
abducted person is removed
from one place to another.
Kidnapping from LG Sec.
361
Abduction Sec.362

Punishment for kidnapping
 Sec. 363
 This section provides punishment for kidnapping from LG as
well as from India.
 The punishment is imprisonment of 7 years and shall also be
liable to fine. Offence is cognizable, bailable, non-
compoundable and triable by JMFC.
 Sec. 363- A kidnapping for begging
 This section was inserted by IPC amendment Act 1959.
 Ingredients: person kidnapped is a minor.
 The kidnapper is not the lawful guardian.
 Kidnapped person is used for purpose of begging
 The kidnapper has maimed the kidnapped.
Ex. Slumdog millionaire movie

Sec. 364 to 369 “aggravated forms
of kidnapping & abduction”.
 Sec. 364 kidnapping or abduction in order to murder.
 Sec. 364 –A kidnapping for ransom
 Sec.365 kidnapping or abduction wrongfully to confine
a person.
 Sec.366 Kidnapping or abducting a woman to compel
her marriage.
 Sec. 367 Kidnapping or abducting in order to cause
grievous hurt, slavery.
 Sec. 368 Wrongfully keeping in confinement
kidnapped or abducted persons.
 Sec. 369 kidnapping or abducting a child under 10
years of age.

“Slavery & forced labours”

Sec. 370 Trafficking of person
 Meaning of Human Trafficking: “Trafficking involves an act of
recruiting, transporting, transferring and receiving person or
persons by using threats, force, abduction or by abuse of
power to them to do any illegal acts.”
 Through Criminal Amendment Act 2013 “Buying or disposing
of any person as a slave” is substituted to “Trafficking of
person.”
 Trafficking in Women and Children is the gravest form of
abuse and exploitation of human beings. Thousands of
Indians are trafficked everyday to some destination or the
other and are forced to lead lives of slavery. They survive in
brothels, factories, guesthouses, dance bars etc etc
Ex. Slumdog millionaire, sadak, traffic signal movies.

 Ingredients:
I. Import, export, removal, buying, selling of a person as a slave;
II. The disposal of a person as a slave and
III. Detention, acceptation of any person against his will as a slave.
Note: A Slave is a human being without any rights, status and is
treated a property of another. The owner has absolute power of
disposal by sale, gift or otherwise of such a slave.
 Explanation to Sec. 370
Explanation 1: ‘Exploitation’ means any act of ‘physical exploitation’ or
any form of ‘sexual exploitation.’
Explanation 2: The consent of the victim is immaterial in determination
of the offence of trafficking.

 Provision under Constitution:
 Article 23 : Prohibition of traffic in human beings
and forced labour - Traffic in human beings and
beggar and other similar forms of forced labour
are prohibited and any contravention of this
provision shall be an offence punishable in
accordance with law.
 Nothing in this article shall prevent the State from
imposing compulsory service for public purposes,
and in imposing such service the State shall not
make any discrimination on grounds only on
religion, race, caste or class or any of them.

 Meaning of devdasis/Ritual Sex:
 The name signifies servant of god who have been forced into
prostitution in the name of religion in India. The Devadasis
are dedicated to gods and then the priests claim first rights to
them, and later on everyone else.
 A Devadasi cannot belong to any one particular husband
(generally the Indian ideas of marriage are that daughters are
transferable property gifted to husbands), instead she is a
common property.
 Devadasi system is a religious practice in parts of southern
India, including Andhra Pradesh, whereby parents marry a
daughter to a deity or a temple before the girls attain their
puberty.

 Vishal jeet vs Union of India AIR 1990 SC 1412
[ Traffic in human beings include devadasis]
 WP Filed under article 32 by Advocate to take some action on
devdasis system.
(1) to institute an enquiry against those police officers under
whose jurisdiction Red Light areas as well Devadasi and Jogini
traditions are flourishing and to take necessary action against
such erring police officers and law breakers;
(2) to bring all the inmates of the red light areas and also those
who are engaged in 'flesh trade' to protective homes of the
respective States and to provide them with proper medical aid,
shelter, education;
(3) to bring the children of those prostitutes and other children
found begging in streets and also the girls pushed into 'flesh
trade' to protective homes and then to rehabilitate them.

SITA & PITA
 Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA)
 The Immoral Traffic (Prevention) Act of 1986 (ITPA), called as PITA, an amendment
to SITA.
Loopholes in SITA 1956
 In 1956 India passed SITA Act, however it was amended later on in
1986 named as PITA.
 There were some loopholes in SITA Act as a prostitute, defined
under SITA as always a woman, who is arrested for soliciting under
SITA could be imprisoned for up to 1 year, but a pimp faces only 3
months.
 SITA only addressed street prostitution; prostitution behind closed
doors was left alone a loophole that actually promoted the
establishment of brothels. Some offences were bailable.
 Whereas Act passed in 1986 deals only with trafficking in relation to
prostitution and not in relation to other purposes of trafficking such
as domestic work, child labor, organ harvesting etc. This Act was
better than previous one.

Sec.370-A
 Sec.370- A Exploitation of a trafficked person
 Inserted by the Criminal Law Amendment Act 2013
 Sub-section (1) provides that whoever knowingly or having
reason to believe that a minor has been trafficked engages
that minor for exploitation shall be punished for a term not
less than 5yrs but which may extend to 7yrs.
 Sub-section (2) makes sexual exploitation of any trafficked
person an offence.
 Note: The difference between the sub section 1 and 2 is that
sub section (1) punishes the offence of exploitation of
trafficked minor while subsection (2) deals with exploitation of
a trafficked person whether a minor or major.

Sec.372
 Sec.372 selling minor for purposes of prostitution
 Ingredients:
I. A person is sold or let to hire, or disposed of in any
other manner.
II. Such person must be below the age of 18 yrs.
III. And such selling, letting to hire must be with respect
to prostitution or illicit intercourse or for any immoral
purpose.
Note: The section applies to persons below 18 years of
age. Person includes both male and female, married or
unmarried.

Sec.373
 Sec.373 Buying minor for purposes of prostitution
 Ingredients:
I. Buying, hiring or otherwise obtaining possession of
person.
II. Such person must be below the age of 18 yrs.
III. And such buying or hiring must be with to respect to
prostitution or illicit intercourse or for any immoral
purpose.
Note: Explanation I to this section will come into picture
only when the accused is a prostitute or is a keeper or
manager of a brothel at the time he or she obtains
possession of a girl.
It was decided in Emperor vs Banubai Irani and another
1942.

Reasons for HT
 Poverty
 family background, responsibilities
 Gender discrimination
 Unnatural lust- Women as Sex object
Budhadev Karmaskar vs State Of West Bengal 2011
Indlaw SCO 108
This case has arisen out of a criminal appeal in the
Supreme Court wherein the
accused, Budhadev Karmaskar, was convicted for
murdering a sex worker in Calcutta in 1999.While
dismissing the appeal and affirming the conviction in
Feb. the Supreme Court suo moto converted the appeal
into public interest litigation on the rehabilitation of sex
workers.

Budhadev Karmaskar vs State Of West
Bengal 2011 Indlaw SCO 108
Hon'ble Justice M Katju:
"we strongly feel that the Central and the State
Governments through Social Welfare Boards should
prepare schemes for rehabilitation all over the country
for physically and sexually abused women commonly
known as prostitutes as we are of the view that the
prostitutes also have a right to live with dignity under
Article 21 of the Constitution of India since they are
also human beings and their problems also need to be
addressed. As already observed by us a woman is
compelled to indulge in prostitution not for pleasure
but because of abject poverty.”

Anti Human Trafficking
Units(AHTU)
 To fight against the Human trafficking Govt. of
various states have formed the AHTU.
 Govt. of India ministry of home affairs take care
and have control over this AHTU.
 The primary role of an Anti Human Trafficking Unit
(AHTU) would be law enforcement & rehabilitation
of victims.
 The Ministry of Home Affairs has also set up a
“Nodal Cell” for dealing with matters relating to
trafficking in human beings. The Cell is inter alia
responsible for collecting and analyzing the data
related to trafficking from the State Governments.

Forced Labours- Child
Trafficking

Child Labour
 Sec.374 Unlawful Compulsory labour:
To constitute this offence:
 There must be unlawful compulsion of any
person.
 Such compulsion must be that he labours against
his will.
Exception: Compulsion authorized by law, is a lawful
compulsion. Ex. A prisoner sentenced to rigorous
imprisonment may be compelled to work against
his will.

Child Labour
 State of Gujarat vs Hon’ble High Court of Gujarat AIR 1998
SC 3164
The matter has come before the SC in an Appeal filed by the
state governments challenging the judgements rendered by
the HC. The SC held that a prisoner sentenced to rigorous
imprisonment can’t complain that the jail authorities
committed the offence of unlawful compulsory labour u/s.374
of IPC.
Putting a prisoner to hard labour while he is undergoing
sentence of rigorous imprisonment awarded to him by a
Court of competence jurisdiction cannot be equated with
'begar' or 'other similar forms of forced labour' and there is no
violation of clause (1) of Article 23 of the Constitution. Clause
(2) of Article 23 has no application in such a case.
Note: Appeal was disposed of accordingly since it doesn’t
violate Art. 23 (1).

Child Labour
 How the Bonded Labour system Emerged?
 Due to the poor condition of farmers, they
were forced to do hard work to clear their
debts.
 Indebtedness was the root cause of the this
bondage system. A worker used to work for
creditor till his loan is repaid.
 Poor and needy people were exploited by
creditors without giving them minimum wages.

Child Labour
 To combat with such illegal activities, there was a
need for enforcement of any law.
 Bonded Labour System (Abolition Act) 1976
 “bonded labourer” means a labourer who incurs, or
has, or is presumed to have incurred a bonded debt-
Section 2(f).
Object of this Act
 To prohibit any forced work, slavery which is carried
out in respect of indebtedness.
 To eradicate the bonded labour system.
 To give justice to needy people and to make offence
punishable.

Bonded Labour System (Abolition Act) 1976
 Commentary:
 On commencement of this Act the bonded labour
system shall stand abolished.
 Liability to repay bonded debt shall be deemed to have
been extinguished.
 Property of the bonded labourer to be freed from
mortgage etc.
 District Magistrates have been entrusted with certain
duties and responsibilities for implementing the
provision of this Act.
 Vigilance committees are required to be constituted at
district and sub-divisional levels.
 Offences under this Act may be tried summarily. Every
offence under this Act shall be cognizable and bailable.

Judicial Approach on slavery
Article 23: Prohibition of traffic in human beings and
forced labour
Article 42: Provision for just and humane conditions of
work and maternity relief.
Article 43: Living wage, etc. for workers.
Bandhu mukti morcha vs UOI 1984 (3) SCC 161
The petitioner was an NGO-it conducted a survey in
stone quarries and mines in faridabad- wrote a letter
to SC invoking the jurisdiction of Art.32 of the
Constitution- letter was considered as PIL-appointed a
commission to look into the matter- the SC directed
state of Haryana and central govt. to take steps for
providing pure drinking water, to provide medical
facilities, welfare of the workmen etc.etc.

Judicial Approach on slavery
 Bandhu mukti morcha vs UOI 1997 (10) SCC 549
Carpet industries in UP employed children under the
age of 14 as slaves- the WP was filed in the SC by
BMM-the SC appointed a committee to look into the
matter- the report found that children were being
treated as slaves and were subjected to violence
and physical torture- violation of Art. 24 of
Constitution- the SC directed the govt. to establish
policies to stop employment under the age of 14 yrs.
and to provide them compulsory education, food,
shelter, medical aid etc.etc.

Case Law
 People’S Union For Democratic Rights And Others v
Union Of India And Others 1982 Indlaw SC 88
(Popularly known as Asiad game case)
Forced labour - PIL - Maintainability - Petition was filed
in order to ensure observance of the provisions of
various labour laws in relation to workmen employed in
the construction work of various projects- Whether there
was any breach of art. 23 when a person provides
labour or service to the State or to any other person and
was paid less than the minimum wage for it- it was held
that there was violation of the fundamental right of the
workmen u/art. 23 of Constitution.

INTERNATIONAL LAWS ON BONDED
LABOUR
 In addition to domestic laws, India is a party to
numerous international human rights conventions.
 Convention on the Suppression of Slave Trade and
Slavery, 1926:
This convention requires signatories to “prevent and
suppress the slave trade” and “to bring about,
progressively and as soon as possible, the complete
abolition of slavery in all its forms.” It also obligates
parties to “take all necessary measures to prevent
compulsory or forced labour.
 Forced Labour Convention, 1930
Convention requires signatories to “suppress the use
of forced or compulsory labour in all its forms in the
shortest period possible”. However India is not
signatory party.

LABOUR
 International Covenant on Civil and Political Rights
(I.C.C.P.R.), 1966
Article 8 of the I.C.C.P.R. prohibits slavery and the slave
trade in all their forms, servitude, and forced or
compulsory labor. Article 24 entitles all children to “the
right to such measures of protection as are required by
his status as a minor, on the part of his family, society
and the State.”
 International Covenant on Economic, Social and Cultural
Rights (I.C.E.S.C.R.), 1966
Article 7 of the I.C.E.S.C.R. provides that States Parties
shall “recognize the right of everyone to the enjoyment of
just and favourable conditions of work.” Article 10
requires Parties to protect “children and young persons...
from economic and social exploitation”.

LABOUR
 Convention on the Rights of the Child,
1989
 Article 32: “States Parties recognize the right of the child to
be protected from economic exploitation and from performing
any work that is likely to be hazardous or be harmful to the
child’s health or physical, mental, spiritual, moral or social
development.”
 Article 35: “States Parties shall take all appropriate
measures to prevent the abduction, the sale of or traffic in
children for any purpose or in any form.” A significant portion
of the bonded child labourers of India are trafficked from one
state to another, and some are sold outright.
 Article 36: “States Parties shall protect the child against all
other forms of exploitation prejudicial to any aspects of the
child’s welfare”.

General Characteristics of Child
Slavery:
 No free time, no education
 No freedom of movement
 Forced labour, extreme working hours
 No sick leave/health care malnutrition
 Sexual abuse
 Minimum wages or no wages
 Punishment in case failure to do work

Causing of miscarriage S.312 to
318

Causing of miscarriage
 Sec.312
Meaning of miscarriage:
“The premature expulsion of a foetus from the
womb, which may be either spontaneous (a
miscarriage) or induced. It leads to Cessation of
normal growth, especially of an organ, prior to
full development or maturation.”

 Sec.312
Ingredients:
 Voluntarily causing a woman with child to
miscarry.
 Such miscarriage should not have been caused in
good faith for saving the life of the pregnant
woman.
Note: ‘Quickening’ means perception by the mother
of the movement of the foetus in her womb.
Consent of the woman is there under this section.
If a woman is “Quick with child” punishment
increases from 3 years to 7 years.

 Causing of miscarriage without woman’s
consent: Sec.313
 Consent of the woman is missing here.
 The person who causes abortion shall be
punished and not the woman. In previous
section woman is also punished.
 Punishment is severe than previous section
i.e. imprisonment for life or for a term of 10
years.

 Sec.314 : What if miscarriage results into
death
 There has to be intention of the person to
cause the miscarriage of a woman.
 It is immaterial whether he has knowledge of
the fact that it may likely to cause death or not.
 And if the act is done without woman’s consent
which results into her death, shall be punished
with imprisonment for life.

 Sec.315
 The intention of the person causing
miscarriage should be to prevent the child from
being born alive or causing it to die after birth.
 This section covers the acts which results in
the destruction of the child’s life whether
before or after it’s birth.
 And if such miscarriage is not done to save the
life of a woman, then shall be punished with
imprisonment which may extend to 10 years.

 Sec.316 Causing death of a quick unborn child
 The offence under this section is committed
when a child is beyond the stage of quickening
i.e. in the advanced stage of pregnancy.
 When such death is caused after the
quickening but before the birth of the child then
it will amount to culpable homicide.

 Sec.317 Exposure and abandonment of child
Ingredients:
 The guilty person must be father, mother or the
guardian of the child.
 Such child must be under 12 years of age.
 Such child must be exposed or left in any place with
the intention of wholly abandoning it.
 A child must be left without protection of any person.
Note: word used ‘exposure’ under this section means
putting of the child outside physically which involves
physical risk to the child. Ex. Danger to life, risk of
climate, wild beasts etc.

 Sec.318 Concealment of birth of child
 The dead body of the child is disposed of
secretly by burying or otherwise.
 It is immaterial whether child dies before, after
or during it’s birth.
 There has to be intention to conceal the birth
of the child by secret burial or disposal of the
dead body.
Punishment is of 2 years.

Pre-natal Diagnostic Centres
 Female child is not welcomed with open arms.
Female child is considered as other’s
asset(Paraya dhan) whereas male child is
considered as old age security(Budhape ki
lathi).
 Recent technology is used to determine the
sex of the child, i.e. Pre-natal diagnosis
centres.
 Determining sex of the foetus leads to violation
of human rights and is an insult to the dignity,
status of a woman.

Pre-natal Diagnostic Techniques
Act 1994
 The provisions of IPC regarding causing of
miscarriage were not sufficient to curb this
offence.
 Hence, the parliament passed the Pre-natal
Diagnostic Techniques(Regulation and
prevention) Act 1994 to prevent determination of
the sex of the foetus.
 The Act lays down rules and regulations in what
manner ultrasound machines should be used and
prevents determination of sex of the child.
 Sec.6(a) prohibits to conduct any pre-natal
diagnostic technique including ultra sonography to
determine the sex of the foetus.

Act 1994
 Whoever so commits the above mentioned
offence shall be punished with imprisonment of
3 years.
 However, the said Act was amended in the
year 2002, after inserting specific provisions in
new Act.

Act 2002
 Pre-natal Diagnostic Techniques(Regulation and
prevention of Misuse) Amended Act 2002
 The Act now provides expressly for the prohibition of
sex selection.
 Sec. 3A & 3B have been added in the Act restricting to
conduct sex selection on any tissue, embryo,
concepts, fluid or gametes derived from any man or
woman.
 The Act prohibits sale of any ultrasound machine,
imagine machine or scanner to any genetic laboratory,
genetic clinic or any person not registered under the
Act.
 Sec. 16 A requires each state to constitute state
supervisory boards to create public awareness
against sex determination.

MTP Act 1971
 Medical Termination Pregnancy Act 1971
 Each and every women has an absolute right to have control
over her body. ‘Right to abortion’ was recognised all over the
world being a right of a woman.
 The Supreme Court has said that the right to privacy is
implicit in Article 21 of the Constitution and a right to abortion
can be read from this right.
 In India the MTP Act came into force for legalising the
abortion. The Medical Termination of Pregnancy Bill was
passed by both the Houses of the Parliament and received
the assent of the President of India on 10th August, 1971.
 This law guarantees the Right of Women in India to terminate
pregnancy by a registered medical practitioner in a hospital
established or maintained by the Government or a place
being approved for the purpose of this Act by the
Government.

MTP Act 1971
 The MTP Act Consists of 8 sections only.
 Sec. 3 of the Act lays down conditions under
which a pregnancy may be terminated:
 If there is risk to the life of the pregnant
woman.
 If there is grave injury to her physical or mental
health or
 If the pregnancy is caused by rape or
 If the child were born, it would suffer from
some physical or mental abnormalities.

Roe vs Wades 410 U.S. 113 (1973)
 This is a landmark United States Supreme Court
decision establishing that most laws against
abortion violate a constitutional right to privacy.
An unmarried woman brought a class action suit
challenging the constitutionality of the Texas
abortion laws- these laws made it a crime to obtain
or attempt an abortion except on medical ground to
save the life of the mother-The US SC held that right
to privacy includes right to abortion- Texas abortion
laws do violate the constitution of the US- unmarried
woman was allowed to terminate pregnancy.

D. Rajeshwari vs State of TN 1996
Cri.L.J. 3795
 MTP Act - unmarried girl of 18 years prays for
issue of direction to terminate pregnancy of child
on ground of unwanted pregnancy- pregnancy
caused by rape- case registered on complaint-
prima facie case has been made out by petitioner-
continuance of pregnancy may cause great
anguish and grave injury to mental health of the
petitioner- direction to hospital authorities to
conduct medical termination of pregnancy of
petitioner and preserve foetus to enable
investigating agency to ask for DNA which will
prove case of rape- order accordingly.

Of Cruelty Sec. 498 A
 This section was enacted by Amend. Act 1983.
 Cruelty Meaning:
I. Any wilful conduct by husband or relatives of
husband which may force a woman to commit
suicide or to cause grave injury to her health.
OR
II. Harassment of a woman to meet any unlawful
demand for any property or valuable security.
Point to Note: Cruelty includes both physical and
mental torture. Offence is cognizable, non-
bailable and non-compoundable.

 Kaliyaperumal vs State of TN 2003 Cri.
L.J.4321SC
The cruelty is common essential in offences
under both the sections 304 B & 498 A –
however the two sections are distinct offences
– a person acquitted under section 304- B can
be convicted u/s. 498- A
u/s. 498 A cruelty by itself is an offence
whereas u/s. 304 B the offence is of dowry and
death must have occurred within 7 yrs of
marriage subjected to cruelty.

 Polavarpu vs Sooundravalli 1988 Cr.L.J. 1538(AP)
( Sec. 498 A ultra vires to Art.14 ?)
The husband challenged the very definition of
cruelty as given under the section as ‘arbitrary’
and ‘delightfully vague’ and as such ultra vires of
the fundamental right to equality, guaranteed
under Art. 14 of the constitution –the AP High
court held that each case has to adjudged in the
light of that particular case in the historical
circumstances which necessitated the
amendment- hence not voilative of Art.14

 Sec.498 A & Sec. 4 of Dowry prohibition Act
attract double Jeopardy?
Inder Raj Malik vs Sunita Malik 1986 Cr L J 1510
It was contended that both these sections attract
double jeopardy since the provisions are same-
Delhi HC rejected the contention and held that this
section does not create a situation for double
jeopardy – both the sections are distinguishable
from each other – u/s. 4 mere demand of dowry is
punishable whereas u/s. 498 A element of cruelty
is necessary.

Sec. 498 A – Use or Misuse?
 Preeti gupta vs State of Jharkhand 2010 Cr.l.J.
4303 SC
A complaint was filed by wife against husband
and his relatives regarding harassment for
dowry – no specific allegations were made –
the relatives of husband were residing at
different places – they never visited place of
complainant – it was held that frivolous
complaint was made to harass husband’s
relatives – the court found no substance in the
case – complaint was quashed and set aside.

Why 498 A is misused?
 Legal Extortion – Get-rich-quick-scheme to extort large
amounts of money
 Prior Relationship – Wife has a prior relationship, and cannot
get out of it. She marries to satisfy her parents, and then
misuses the 498a law in order to obtain a divorce.
 Adultery – Women who indulge in adultery use 498a as a
bargaining tool.
 Domination – Wife wants the husband to abandon his parents
and siblings, and have total control over his finances and
social behavior.
 Custody - Deny the father and his family access to their
children.

Sushil Kumar Sharma v Union of India and
Others
2005 Indlaw SC 425
 Prayer to declare s.498 A to be
unconstitutional and ultra vires in alternative to
formulate guidelines so that innocent persons
are not victimized by unscrupulous persons
making false accusations - Held, if a statutory
provision is otherwise intra-vires, constitutional
and valid, mere possibility of abuse of power in
a given case would not make it objectionable,
ultra-vires or unconstitutional -Writ Petition
disposed of.

243rd Law commission report
498 A
 Recommendations:
 Misuse of Section 498-A in many cases has been
judicially noticed by the apex court as well as various
High Courts. Misuse by itself is not a ground to
abolish Sec.498 A.
 The social objective behind this section should be
taken into account, however frivolous complaints
made by women should be curbed down.
 All endeavours shall be made for effecting
reconciliation at the earliest with the help of
professional counsellors, mediation and legal aid
centres.
 The offence under S, 498-A shall be made
compoundable, with the permission of Court.

Continued...
 The offence should remain non-bailable. However
police should avoid arbitrary and unwarranted arrest.
Moreover, The need for custodial interrogation should
be carefully assessed.
 There should be a monitoring mechanism in the police
Dept. to keep track of S, 498A cases and the
observance of guidelines.
 The women police stations (under the nomenclature
of Crimes Against Women Cell) should be
strengthened both quantitatively and qualitatively.
 Above all, the need for expeditious disposal of cases
under section 498A should be given special attention
by the prosecution and Judiciary.

Malimath committee report
 Malimath committee laid down reforms on criminal
justice system.
 Sec. 498 A was also discussed by this committee.
The committee recommended that offence of
cruelty should be made bailable and
compoundable. since it results in the immediate
arrest of the husband or other relatives who may
be innocent.
 The Committee's reasoning ignores the torture
and cruelty that a large number of women
undergo at the hands of their husbands and his
relatives.
 The recommendation of the committee were
criticized by women at large, NGO’s as Gender-
bias.

Overview of DVA 2005
 The Domestic violence Act was passed by the
parliament in the year 2005 to protect women and
children from domestic violence. It guarantees the Art.
14, 15 & 21 of constitution.
 The Domestic violence Act covers protection for live-
in-relationship couple. Thus, if a woman is living with a
man who abuses her, she can take recourse to the
provisions of this law.
 Physical, sexual and verbal abuse are covered under
this Act. They are prohibited and punishable.
 This Act recognizes the right of women to live in
‘shared household’ even after dispute is on.
 The provisions were sometimes misused by women
since it favors them.

Overview of DVA 2005
 Sec. 8 : Protection officers shall be appointed by
state govt. at district level to assist magistrate as
well as to help aggrieved person.
 Sec. 12: An application can be made to the
Magistrate by such PO on behalf of aggrieved
person.
 If the magistrate thinks fit, he may conduct the in
camera proceedings.
 The magistrate has powers to grant custody
orders, compensation orders and residence
orders under this Act.

Sec.509 Insulting modesty of a
woman
 Ingredients:
 There has to be intention to insult the modesty of
a woman.
Such insult must be caused..
I. By uttering some word, or making some sound,
or gesture or exhibiting any object so as to be
heard or seen by such woman, OR
II. By intruding upon the privacy of such woman.
Note: offence is cognizable, bailable, non-
compoundable triable by JMFC.

Relevant provisions under IPC
 Sec. 294 Obscene acts and songs
 The offender has done any obscene act in any
public place or has sung, uttered any obscene
song or word in any public place.
And has so caused annoyance to others, shall
be punished for period of 3 months.
 Sec.354 assault/ criminal force to woman with
intent to outrage her modesty

Case laws
 Mrs. Rupan Deol Bajaj and Another v Kanwar Pal
Singh Gill and Another 1995 Indlaw SC 1896
Outraging modesty of a lady - (A) Whether quashing
of F.I.R. by High Court proper? - Held, no - In absence
of finding that allegations made in F.I.R. were absurd
and inherently improbable - Quashing of F.I.R. would
be illegal - (B) Whether overruling by court of
objections raised by appellant in court in
recommendation of final discharge by accused in final
report was proper? - Reasons for overruling
objections were not recorded by court and therefore
order accepting police report is liable to be set aside -
Appeal allowed.

Case laws
 Vishakha vs state of Rajasthan AIR 1997 SC 3011
Women and Children- Constitution art.14,19, 21
and 32 – sexual harassment of working woman –
whether amounts to violation of right to practice
any profession, occupation or trade – held
amounts to violation of rights of gender equality
and right to life and personal liberty and victim is
entitled to remedy of art.32 – international
conventions and norms can be relied upon –
guidelines and norms to be treated as law
declared u/art. 141 – petition allowed.

Overview of Act
 Sexual Harassment of Women at workplace Act
2013.
 This Act provides protection against sexual
harassment of women at workplace and for the
prevention and redressal of complaints 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 public or
private, NGO’s, hospitals and nursing homes,
educational Institutes etc.
 ICC (Internal complaints committee) & LCC (Local

Overview of Act
 The ICC and LCC provides interim relief to
aggrieved woman like transfer of aggrieved
woman to any other branch or granting leave
to a woman for some days.
 At the request of the aggrieved woman a
reconciliation may take place before initiating
an enquiry.
 This Act also takes care of malicious
complaints and to take action against the
complainant.

Sec.375 Sexual Offences
Sec. 375
 A man is said to commit rape..
A. when he penetrates to any extent into the
vagina of a woman OR
B. Inserts any object or a part of a body, not being
the penis into the vagina OR
C. Manipulates any part of the body of a woman so
as to cause penetration OR
D. Applies his mouth to the vagina of a woman or
makes her to do so with him or any other person.

 Any act mentioned in clauses A to D must be under
the circumstances falling under any of the seven
descriptions :
1. Against her will
2. Without her consent
3. With her consent but putting her in fear of death or of
hurt
4. With her consent, where she believes that person
having sex with him is her husband.
5. With her consent if she is of unsound mind or under
intoxication, unable to understand consequences.
6. With or without consent, when she is under 18 yrs of
age.

 Consent here means voluntary agreement
between man and woman concerned. Consent
may be expressed by words, gestures or by
verbal or non verbal communication. consent
must be active consent.
 Exception to Rape:
i) medical procedure or intervention shall not
constitute rape.
ii) Sex by a husband with his wife is not a rape
unless she is below the age of 15 years.

Tuka Ram and Another v State of
Maharashtra
AIR 1997 SC 3011
 Criminal - Indian Penal Code, 1860, s. 375, -
Appeal against judgment of High Court
reversing a judgment of acquittal of two
appellants of an offence u/s. 376 r/w s. 34 -
Sexual intercourse - Consent - Circumstances
negating existence of 'fear' and story of
'passive submission' - Alleged intercourse by
one and fondling of private part by other
constable at police station - Charges unproved
against later - Accused, held, entitled to be
acquitted - Appeal allowed.

Deelip Singh v State of Bihar (2005) 1 SCC 88
 Criminal - IPC, ss. 375, 376 - Convicted and
sentenced - Appeal against conviction - Whether
appellant had sexual intercourse with victim girl
against her will?; whether consent obtained on
basis of promise to marry which was not acted
upon, could be regarded as consent for purpose
of s. 375? - Held, awareness of prosecutrix that
marriage may not take place at all in view of caste
barrier was an important factor - Her participation
in sexual act was voluntary and deliberate-No
circumstances emerging from prosecution
evidence establish this fact - Conviction and
sentence set aside - Appeal allowed.

Uday v State of Karnataka 2003
Cri.L.J.1539 SC
 IPC - S. 90 - whether consent given by the prosecutrix
to sexual intercourse is voluntary, or whether it was
given under a misconception of fact - In a case of this
nature two conditions must be fulfilled for the
application of Section 90 IPC. Firstly, it must be shown
that the consent was given under a misconception of
fact. Secondly, it must be proved that the person who
obtained the consent knew, or had reason to believe
that the consent was given in consequence of such
misconception. - Held, all the circumstances lead to
the conclusion that the prosecutrix freely, voluntarily,
and consciously consented to having sexual
intercourse with the appellant, and her consent was
not in consequence of any misconception of fact.

J.Verma Committee
 Recommendations
 The committee was constituted to recommend
amendments to the criminal law just after Delhi gang
rape case.
 It made recommendations on laws related to rape,
sexual harassment, trafficking, child sexual abuse,
medical examination of victims, police, electoral and
educational reforms.
 Rape: Rape should be treated as a separate offence
and it should not be limited to penetration of the
vagina, mouth or anus. Rather any non-consensual
penetration of a sexual nature should be included in
the definition of rape.

 Recommendations
 Sexual assault: where penetration can’t be proved,
the offence should be categorised as defined u/s.354
of IPC. The offence should be punishable with 5 years
of imprisonment, or fine, or both.
 Sexual harassment: Instead of ICC, there should be
an Employment tribunal to receive and adjudicate all
complaints. The employer should pay compensation
to the woman who has suffered from sexual
harassment. Reconciliation method should be
adopted as first attempt.
 Acid attack: The committee recommends a
punishment of imprisonment for 10 years or life.

 Recommendations
 Trafficking: It recommended that the provisions of
IPC on slavery be amended to criminalise
trafficking by threat, force or inducement. It also
recommended criminalising employment of a
trafficked person.
 Medical examination of a rape victim:
The committee has recommended the
discontinuation of the two-finger test as well as
previous sexual experience of the victim should
not be relied upon for determining the consent or
quality of consent given by victim.

 Sec.114 A Presumption as to absence of consent
in certain prosecutions for rape:
In a prosecution for rape under clause (a) or clause
(b) or clause (c) or clause (d) or clause (e) or clause
(g) of subsection (2) of section 376 of the Indian
Penal Code, 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.

 Sec. 164 – A Cr.p.c. Medical examination of the victim
of rape
 It is proposed to get the person of the women, examined by a RMP.
 within twenty-four hours from the time of receiving the information
by the police.
 The consent of the women or of any person competent to give such
consent on her behalf.
 General mental condition of the woman; and
 Other material particulars in reasonable detail.
 The RMP shall examine such person and prepare a report of his
examination and
 without delay, forward the report of the IO.
 who shall forward it to the Magistrate.
 The report shall state precisely the reasons for each conclusion
arrived at.

 Sec. 327(2) of Cr.p.c. Court to be open
The inquiry into and trial of rape or an offence under
section 376, section 376A, section 376B, section 376C
or section 376D of the Indian Penal Code (45 of 1860)
shall be conducted in camera.
Provided that the presiding Judge may, if he thinks fit,
or on an application made by either of the parties, allow
any particular person to have access to, or be or remain
in, the room or building used by the Court.
Provided further that in camera trial shall be conducted
as far as practicable by a woman Judge or Magistrate.

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