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Advocate Subhan Bande on 'Indian Penal Code(IPC) 1860: Obscene Acts & Sexual Offences'

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Obscene Acts and Songs, Sexual Offences, Rape, Custodial Rape, Marital Rape, Gang Rape, Sexual Intercourse by Person in Authority, Outraging modesty of woman, Sexual Harassment, Disrobing, Voyeurism, Stalking, Unnatural Offences - Sodomy, Bestiliaty, Punishment, Sections 354, 375, 376 of IPC, etc..

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Advocate Subhan Bande on 'Indian Penal Code(IPC) 1860: Obscene Acts & Sexual Offences'

  1. 1. INDIAN PENAL CODE -1860 OBSCENE ACTS & SEXUAL OFFENCES AS UNDER (NIRBHAYA ACT-2013) SUBHAN BANDE ADVOCATE KADAPA Video Lecture subhanbande@gmail.com
  2. 2. THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860 INTRODUCTORY PROVISIONS Chapter-1,2 & 3 Chapter-1: Introduction Sec-1-5 Chapter-3: Punishments Sec-53-75 Chapter-2: General Explanations Sec-6-52A GENERAL EXCEPTIONS Chapter-4 Sec-76-106 PENAL PROVISIONS OF OFFENCES Chapter-5-23 Sec-107-511 INCOMPLETE OFFENCES Chapter-5, 5A & 23; Sec-122, 126, 399 & 511 COMPLETE OFFENCES Chapter-6-22 Sec-121-510 AGAINST STATE/GOVT/PUBLIC ETC. Chapter-6-15 Sec-121-298 AGAINST PRIVATE PERSONS Chapter-16-22 Sec-299-511 Chapter-6: Offences against the State Chapter-7: Offences relating to Army, Navy & Air Force Chapter-8: Offences against Public Tranquility Chapter-9: Offences by/related to Public Servants Chapter-9A: Offences relating to Elections Chapter-10: Contempt of Lawful Authority of Public servants Chapter-11: False Evidence & Offences against Public Justice Chapter-12: Offences relating to Coin & Govt. Stamps Chapter-13: Offences relating to Weights & Measures Chapter-14: Offences relating to P.Health, Safety, Convenience, Decency, Morals Chapter-15: Offences relating to Religion Chapter-16: Offences affecting the Human Body Chapter-17: Offences against Property Chapter-18: Offences relating to Documents & Property Chapter-19: Criminal Breach of Contracts of Service Chapter-9A: Offences relating to Elections Chapter-20: Offences relating to Marriage Chapter-20A: Cruelty by Husband or Relatives of Husband Chapter-21: Defamation Chapter-22: Criminal Intimidation, Insult and Annoyance Chapter-23: Attempts to Commit Offences 2 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  3. 3. THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860 INTRODUCTORY PROVISIONS Chapter-1,2 & 3 Chapter-1: Introduction Sec-1-5 Chapter-3: Punishments Sec-53-75 Chapter-2: General Explanations Sec-6-52A GENERAL EXCEPTIONS Chapter-4 Sec-76-106 PENAL PROVISIONS OF OFFENCES Chapter-5-23 Sec-107-511 INCOMPLETE OFFENCES Chapter-5, 5A & 23; Sec-122, 126, 399 & 511 COMPLETE OFFENCES Chapter-6-22 Sec-121-510 AGAINST STATE/GOVT/PUBLIC ETC. Chapter-6-15 Sec-121-298 AGAINST PRIVATE PERSONS Chapter-16-22 Sec-299-511 Chapter-6: Offences against the State Chapter-7: Offences relating to Army, Navy & Air Force Chapter-8: Offences against Public Tranquility Chapter-9: Offences by/related to Public Servants Chapter-9A: Offences relating to Elections Chapter-10: Contempt of Lawful Authority of Public servants Chapter-11: False Evidence & Offences against Public Justice Chapter-12: Offences relating to Coin & Govt. Stamps Chapter-13: Offences relating to Weights & Measures Chapter-14: Offences relating to P.Health, Safety, Convenience, Decency, Morals Chapter-15: Offences relating to Religion Chapter-16: Offences affecting the Human Body Chapter-17: Offences against Property Chapter-18: Offences relating to Documents & Property Chapter-19: Criminal Breach of Contracts of Service Chapter-9A: Offences relating to Elections Chapter-20: Offences relating to Marriage Chapter-20A: Cruelty by Husband or Relatives of Husband Chapter-21: Defamation Chapter-22: Criminal Intimidation, Insult and Annoyance Chapter-23: Attempts to Commit Offences 3 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  4. 4. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 4 Obscene Acts & Sexual Offences under IPC-1860 (as per Nirbhaya Act-2013) UNNATURAL OFFENCES (Sec-377) OBSCENE ACTS SOFT-CORE SEXUAL OFFENCES HARD-CORE SEXUAL OFFENCES 1. Sec-292 Sale etc. of Obscene Books etc. 2. Sec-293 Sale etc. of Obscene Objects to Young Persons 3. Sec-294 Obscene Acts & Songs 1. Sec-509 Insulting Modesty of woman with word, gesture or act 2. Sec-354 Outraging Modesty of woman with assault or Cr. Force 3. Sec-354 (A) Sexual Harassment 4. Sec-354 (B) Disrobing woman with assault or Cr. Force 5. Sec-354 (C) Voyeurism 6. Sec-354 (D) Stalking 1. Sec-375 Rape (Punishment for Rape-376 Para-I) 2. Sec-376 Para-I Custodial Rape (376 Para-II) 3. Sec-376(A) Rape + Death / Persistent Vegetative state 4. Sec-376 (B) Sexual intercourse by husband upon his wife during separation 5. Sec-376 (C) Sexual intercourse by a person in authority 6. Sec-376 (D) Gang Rape 7. Sec-376(E) Punishment for Repeat Offenders
  5. 5. I. OBSCENE ACTS 5 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com Sec-292 Sale etc. of Obscene Books etc. Sale etc. of Obscene Objects to Young Persons Sec-293 Obscene Acts & Songs Sec-294 OBSCENEACTS
  6. 6. I. OBSCENE ACTS Sections – 292, 293 & 294 Sale etc. of Obscene Books etc. (S-292)  Obscene Book – a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object – tend to deprave and corrupt persons to read, see or hear the matter contained or embodied in it.  Whoever (M/F)….  Selling, let to hiring, distributing, publicly exhibiting, circulating…  Proposing of sale, hire, distribution, public exhibition, circulation…  Making, producing, possessing….  Importing, exporting or conveying…  Taking part in or receiving profits from such business…  Advertising, making known by any means…  Offering or attempting to do any act.… 6 PUNISHMENT First Conviction – imprisonment for 2 years, and with fine of Rs. 2000 Subsequent Conviction – imprisonment for 5 years, and with fine of Rs. 5000 NATURE OF OFFENCE Cognizable – Bailable – Non-compoundable – Triable by any Magistrate Adv. Subhan Bande, Kadapa. subhanbande@gmail.com EXCEPTION  Public good  Interest of science, literature, art or learning  Kept or used bona-fide for religious purposes  Represented on or in o Any ancient monument (the Ancient Monuments and Archeological Sites and Remains Act-1958) o Any temple, or any car used for the conveyance of idols
  7. 7. I. OBSCENE ACTS Sections – 292, 293 & 294 Sale etc. of Obscene Objects to Young Persons (Sec-293)  Obscene Object – a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object – tend to deprave and corrupt persons to read, see or hear the matter contained or embodied in it.  Whoever (M/F)…  Selling, let to hiring, distributing, publicly exhibiting, circulating…  Offering or attempting of sale, hire, distribution, public exhibition, circulation…  To any person (M/F) under the age of 20 years 7 PUNISHMENT First Conviction – imprisonment for 3 years, and with fine of Rs. 2000 Subsequent Conviction – imprisonment for 7 years, and with fine of Rs. 5000 NATURE OF OFFENCE Cognizable – Bailable – Non-compoundable – Triable by any Magistrate Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  8. 8. I. OBSCENE ACTS Sections – 292, 293 & 294 Obscene Act and Songs (Sec-294)  Whoever (M/F)…  To the annoyance of others.  Does any obscene acts in any public place.  Sings, recites or utters any obscene songs, ballad or words…  In or near any public place. 8 PUNISHMENT Imprisonment for 3 months, or fine, or with both. NATURE OF OFFENCE Cognizable – Bailable – Non-compoundable – Triable by any Magistrate Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  9. 9. II. SOFT-CORE SEXUAL OFFENCES 9 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com Sec-509 Word, gesture or act – to insult the modesty of woman Assault or Cr. force– to outrage the modesty of woman Sec-354 Sexual Harassment Sec-354(A) Assault or Cr. force– to disrobe Sec-354(B) Voyeurism Sec-354(C) Stalking Sec-354(D) SOFT-CORE SEXUALOFFENCES
  10. 10. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Insulting Modesty of woman with word, gesture or act (Sec-509)  Intention to insult the modesty of a woman  The insult must be caused by… o Uttering words, or o making any sound, or o Gesture, or o Exposing private part of offender’s body, or o Exhibiting any object  Such word or sound – shall be heard by such woman, or  Such gesture or object – shall be seen by such woman  Must be caused by intruding upon the privacy of such woman. 10 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT Simple imprisonment for 3 years, and with fine. NATURE OF OFFENCE Cognizable – Bailable – Compoundable with the permission of the Court – Triable by any Magistrate Important Case-laws • Emperor Tarak vs. VR Das Gupta AIR 1926 Bom 159 Accused was a graduate – wrote letter – English nurse – containing indecent proposals – punished under Sec-509.
  11. 11. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Outraging Modesty of woman with assault or Criminal Force (Sec-354)  Whoever (M/F)…  The aggrieved party must be a woman (= the female of human being of any age).  The accused person must assault or use criminal force against her.  The accused person must have the guilty intension or knowledge.  The accused person must be knowing the fact, that he will there by outrage the modesty of that woman.  Words, or indecent proposal, or any gesture + assault, or Cr. Force + outraging the modesty of a woman  Modesty is a virtue which attaches to a female owing to her sex.  The act of….Pulling a woman; Removing her saree; Coupled with a request for sexual intercourse; Touching her breasts; Touching the flesh of a sleeping woman with corrupt mind; putting hand in woman’s “middi”; Some action on the part of the accused to have sexual connection with her; …  Amounts to offence under sec-354 of IPC. 11 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT Imprisonment for 1 year to 5 years, and with fine. (In Andhra Pradesh – 5 years to 7 years and with fine; special reasons – imprisonment may be less than 5 years, but not less than 2 years) NATURE OF OFFENCE Cognizable – Non-bailable – Non-compoundable – Triable by any Magistrate.
  12. 12. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Outraging Modesty of woman with assault or Criminal Force (Sec-354) Important Case-laws  State of Maharashra vs. Mahesh 1994 Cr. LJ 2536 (Bom.) A woman – morning - to get water – village well – accused caught her – forcefully pulled her – towards him – she resisted – bangles were broken - injured – convicted – under Sec-354.  Jai Chand vs. State 1990 Cr. LJ 2039 (Del.) Accused – forcibly pulled a woman on bed – broke the string of pyjama – tore her underwear – did not undress himself – offence fell under Sec-354 – not attempt to rape.  Rupan Deol Bajaj vs. Kanwar Pal Singh Gill 1995 6 SCC 194 = AIR 1996 SC 309 Accused is a superior rank police officer – slapped the back(buttock) of lady IAS officer – in a party in public place – SC held – offence under Sec-354.  State of Punjab vs. Major Singh AIR 1967 SC 63  The SC held – A woman possesses modesty from her birth till death – modesty is inherent in a female – the essence of modesty is in female sexuality.  Vishaka vs. State of Rajasthan (1997) 6 SCC 241 = AIR 1997 SC 3011 = (1998) BHRC 261 = (1997) 2 CHRLD 202  The SC laid down the principles relating to “SEXUAL HARASSMENT OF WOMAN AT WORKPLACE” – inspiration for – Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 12 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  13. 13. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Sexual Harassment (Sec-354-A)  A man shall be guilty of sexual harassment, if he commits 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 13 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com NATURE OF OFFENCE Cognizable – Bailable – Deemed Non-compoundable – Triable by any Magistrate. PUNISHMENT Imprisonment for 3 years, or with fine, or with both PUNISHMENT Imprisonment for 1 year, or with fine, or with both
  14. 14. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Disrobing woman with assault or Criminal Force (Sec-354-B)  A man shall be guilty of offence under Sec-354-B, if he…  Assaults or uses criminal force against any woman  Abets her  Compelling her to be naked 14 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT Imprisonment for 3 years to 7 years , and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non-compoundable – Triable by any Magistrate with an intention of disrobing, or
  15. 15. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Voyeurism (Sec-354-C) A man shall be guilty of offence under Sec-354-C, if he…  Watches, or  Captures the image of  Where she would usually have the expectation of not being observed by perpetrator or any other person at the behest (request/command/direction/order) of the perpetrator, or  Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated. 15 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT IN FIRST CONVICTION Imprisonment for 1 years to 3 years, and with fine. NATURE OF OFFENCE Cognizable – Bailable – Deemed Non- compoundable – Triable by any Magistrate a woman engaging in a “private act” Private Act includes.. • A place which would be expected to provide privacy and where…  the victim’s genitals, posterior or breasts are exposed or covered only in underwear, or  the victim is using a lavatory, or  the victim is doing a sexual act (that is not of a kind ordinarily done in public). PUNISHMENT IN SUBSEQUENT CONVICTION Imprisonment for 3 years to 7 years, and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non- compoundable – Triable by any Magistrate
  16. 16. II. SOFT-CORE SEXUAL OFFENCES Sections – 509, 354, 354A, 354B, 354C, & 354D Stalking (Sec-354-D) A man shall be guilty of offence under Sec-354-D, if he…  Follows a woman and contacts, or attempts to contact such woman  To foster personal interaction repeatedly  Despite a clear indication of disinterest by such woman.  Monitors a woman with the use of internet, e-mail or any other form of electronic communication. 16 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT IN FIRST CONVICTION Imprisonment for up to 3 years, and with fine. NATURE OF OFFENCE Cognizable – Bailable – Deemed Non- compoundable – Triable by any Magistrate PUNISHMENT IN SUBSEQUENT CONVICTION Imprisonment for up to 5 years, and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non- compoundable – Triable by any Magistrate EXCEPTIONS  for the purpose of preventing or detecting a crime  with the responsibility of preventing or detecting a crime  pursued under any law  With reasonable and justified conduct
  17. 17. III. HARD-CORE SEXUAL OFFENCES 17 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com Sec-375 Rape (punishment -Sec-376 Para-I) Custodial Rape (Sec-376 Para-II) Sec-376 Rape + Death/Permanent Vegetative state of woman Sec-376(A) Sexual intercourse by husband upon his wife during separation Sec-376(B) Sexual intercourse by a person in authority Sec-376(C) Gang Rape Sec-376(D) Punishment for Repeat Offenders Sec-376(E) HARD-CORE SEXUALOFFENCES
  18. 18. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 18 III. HARD-CORE SEXUAL OFFENCES Rape: Section – 375EXPLANATIONS  “Vagina” shall also includes “labia majora”.  “Consent” means an unequivocal agreement by words, gesture or any form, which is communicated her willingness to participate in a specific sexual act. EXCEPTIONS 1. Medical procedure or intervention 2. Sexual intercourse by a man with his own wife, who is above the age of 15 years PUNISHMENT Rigorous Imprisonment for 7 years to imprisonment for life and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non-compoundable – Triable by COS Aman.. Penetrates his penis, to any extent Inserts any object, to any extent Manipulates any part of the body of a woman so as to cause penetration Applies his mouth to Vagina Urethra Anus Mouth into Makes her to do so or With him, or any other person Against her will Without her consent With her consent, under… o Fear of death or hurt o Misconception of facts o She is under 18 years girl o If she is .. • Insane, or • Intoxicated, or • Hypnotized When she is unable to communicate consent RAPE
  19. 19. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 19 Custodial Rape (Sec-376 Para-II)  Whoever, commits rape, being….. o A Police Officer o Public Servant o Member of Armed Forces o Management of jail, remand home, woman’s or children’s institution o Management of hospitals o Relative/ guardian/ teacher/ person in a position of trust or authority towards woman o In a position of control or dominance over a woman  Commits rape during communal or sectarian violence  Commits rape on pregnant woman  Commits rape on under 16 years girl  Commits rape on a woman incapable of giving consent  Commits rape on a woman suffering from mental or physical disability  Commits rape repeatedly on the woman  While committing the rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman PUNISHMENT Rigorous Imprisonment for 10 years to imprisonment for life (the remainder of that person’s natural life) and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non- compoundable – Triable by COS
  20. 20. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 20 Rape + Death/Permanent Vegetative state of woman (Sec-376A)  Committal of rape  In course of such committal, there should be an injury  The injury should cause… o Death of the woman, or o Persistent vegetative state of the woman PUNISHMENT Rigorous Imprisonment for 20 years to imprisonment for life (the remainder of that person’s natural life) or with death. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non-compoundable – Triable by COS
  21. 21. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 21 Sexual intercourse by husband upon his wife during separation (Sec-376B)  Sexual intercourse by a man  With his own wife  Without her consent  At the time of such sexual intercourse, she should living separately from him  Separation may be under a decree of separation or under custom or usage PUNISHMENT Imprisonment for 2 years to 7 years and with fine NATURE OF OFFENCE Cognizable (but only on the complaint of the victim) – Bailable – Deemed Non-compoundable – Triable by COS Section 376B It aims at the preservation of family institution by ruling out the possibility of false, fabricated and motivated complaints of rape by wife against her husband.
  22. 22. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 22 Sexual intercourse by a person in authority (Sec-376C)  Sexual intercourse by a person o In a position of authority, or o In fiduciary relationship, or o Public servant, or o Superintendent or manager of.. • a jail, • remand home or other place of custody, • women’s / children’s institution, or o Management of a hospital  Abusing such position or fiduciary relationship  To induce or seduce any woman.. o His custody o Under his charge o Present in the premises  Such sexual intercourse not amounting to rape PUNISHMENT Rigorous Imprisonment for 5 years to 10 years and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Deemed Non-compoundable – Triable by COS
  23. 23. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 23 Gang Rape (Sec-376D)  Rape + …..  By one or more persons o Constituting a group, or o Acting in furtherance of a common intention  Each of those persons shall be deemed to have committed the offence of rape (Joint Liability) PUNISHMENT Rigorous Imprisonment for 20 years to imprisonment for life (the remainder of that person’s natural life) and with fine to be paid to the victim. NATURE OF OFFENCE Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
  24. 24. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 24 Punishment for Repeat Offenders (Sec-376E)  Whoever has been previously convicted or is subsequently convicted of the following offences.. o Sec-376 (Rape, Custodial Rape) o Sec-376A (Rape + Death / Persistent Vegetative state of woman) o Sec-376D (Gang Rape) PUNISHMENT Imprisonment for life (the remainder of that person’s natural life) or with death. NATURE OF OFFENCE Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
  25. 25. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Rape Important Case-laws  Nirbhaya Rape Case Nirbhaya (not her name) was beaten, gang raped, and tortured in a running bus – after 13 days she died - the incident generated widespread national and international coverage - Public protests took place in New Delhi . Govt. amended IPC, CRPC, IEA, and POCSO Acts - in 2013.  Tukaram vs. State of Maharashtra (Madhura Rape Case) AIR 1979 SC 185 A minor Harijan girl - raped by two policemen - in the Police Station - Trial Court acquitted – the HC convicted – the SC acquitted the accused IEA was amended – Sec.114A has been inserted – the court presumes that no consent was given by the victim – the burden of proving consent of the victim is shifted from the prosecution to the defence.  State of Karnataka vs. Krishnappa 2000 Cr.LJ 1793 (SC) A 49 years man – raped 7 years girl – Trial Court convicted with 10 years imprisonment HC reduced to 4 years – on the ground - ‘unsophisticated and illiterate citizen belonging to weaker section of society’ SC reversed – ‘ the measure of punishment in a case of rape cannot depend upon the social status of the victim or accused – must depend on conduct of the accused , state & age of the victim and gravity of the criminal act’. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 25
  26. 26. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Rape Important Case-laws  State of Maharashra vs. Madhukar N. Mardikar 1991 (1) SCC 57 Sub-Inspector of Police arrested some prostitutes - raped a prostitute - in the PS – lodged a complaint against him – SI contended - rape would not applicable to prostitute – but, Trial Court, HC & SC convicted him.  Srilal vs. State of M.P. AIR 2008 SC 2314 Father, who raped his daughter, deserves no leniency of punishment and it is an unpardonable act.  State of M.P. vs. Verendra Singh AIR 2006 SC 572 Sentence should not be reduced below statutory minimum without reasons.  Rafiq vs. State of U.P. AIR 1981 SC 559 Rape for a woman is deathless shame and must be dealt with as the gravest crime against human dignity. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 26
  27. 27. III. HARD-CORE SEXUAL OFFENCES Sections – 375, 376, 376A, 376B, 376C, 376D & 376E Rape Important Case-laws  Pramod Mehta vs. State of Bihar AIR 1989 SC 1475 Four persons – with force – entered into a house – charged with raping – young unmarried girl – medical evidence also supported – the fact of rape – conviction for all – even only one has committed rape.  Bhupinder Sharma vs. State of Himachal Pradesh AIR 2003 SC 4684 Every member of such a group deserves the minimum sentence.  Praveen Kumar vs. Union Administration AIR 2006 SC 2992 Rape committed by one person equally binds the other persons. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 27
  28. 28. Important Provisions of IEA, CRPC & IPC on Rape Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 28 Important Provisions of Indian Evidence Act 1872 on Rape  Sec-114A: Presumption as to absence of consent in certain prosecution for rape.  Sec-53A: Evidence of character or previous sexual experience is not relevant.  Sec-119: If the witness is unable to speak may give her evidence by writing, or using signs. The Court shall take the assistance of an instructor or special educator in recording the statement, and such statement shall be videographed.  Sec-146: Putting questions on the general immoral character, or previous sexual experience, of such victim with any person - for proving consent or the quality of consent - in cross-examination of the victim – shall not be permissible. Other Provisions of Indian Penal Code 1860 on Rape  Sec-228: Disclosure of the name of the victim is punishable.
  29. 29. Important Provisions of IEA, CRPC & IPC on Rape Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 29 Important Provisions of Criminal Procedure Code 1973 on Rape  Sec-26: Offence under Sections-376, 376A to 376E of IPC shall be tried as far as practicable by a Court presided over by a woman.  Sec-154: If the information is given by the victim, then such information shall be recorded by a woman police officer or any woman officer.  If the victim is mentally or physically disabled (temporarily or permanently), then such information shall be recorded by a police officer, at the residence / convenient place of such the victim’s choice, in presence of an instructor or special educator and such information shall be videographed.  Sec-164: The Judicial Magistrate shall record the statement of the victim. If the victim is mentally or physically disabled (temporarily or permanently), then such information shall be recorded with the assistance of an instructor or special educator.  Sec-357B: Compensation to the victim in addition to fine (if the rape is committed under Sec-376D of IPC).  Sec-357C: All hospitals, public or private, shall immediately, provide the first-aid or medical treatment to the victims without charging any cost.
  30. 30. IV. UNNATURAL OFFENCES Section-377 30 Adv. Subhan Bande, Kadapa. subhanbande@gmail.com PUNISHMENT Imprisonment for Life or imprisonment for 10 years, and with fine. NATURE OF OFFENCE Cognizable – Non-bailable – Non-compoundable – Triable by Magistrate of First Class o Sodomy o Homosexual Sodomy (gays and lesbians) o Heterosexual Sodomy (M’s penis – W’s anus (anal sex)) o Bestiality o M/W - animal Man Man Woman Woman Animal
  31. 31. IV. UNNATURAL OFFENCES Section-377 Unnatural Offence (Sec-377) Important Case-laws  Khandu vs. Emperor AIR 1934 Lah. 261 The accused placed his penis into the nostril of a bullock – convicted under Sec-377.  Sate of Kerala vs. K.Govindan 1969 Cr.LJ 818 (Ker.) An act of inserting the male organ between the thighs of another amounts to an unnatural offence contrary to Section-377.  Lohana Vasantlal Doechand vs. Sate of Gujarat AIR 1968 Guj. 252 Mere penetration is sufficient to constitute the carnal intercourse and seminal discharge is not necessary.  Brother John Antony vs. State 1992 Cr.LJ 1352 (Mad.) Insertion and manipulation & movement of insertion of penis into mouth of the victim boy and doing the act of incarnal intercourse up to the point of ejaculation of semen into mouth, fall within the sweep of Sec-377. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 31
  32. 32. For Queries….. subhanbande@gmail.com For latest updates on various law topics, subscribe to myYouTube Channel……. https://youtube.com/channel/UCbdDcaScQMn4d4J7YKQN_QA You can get the slides of all my videos from the following link. https://www.slideshare.net/BANDESUBHAN/presentations

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