All the crimes against women under the Indian Penal Code with Latest Amendments

1. CRIMES AGAINST WOMEN
UNDER IPC
Dr. Madhuri Irene

2. Introduction
• In the present scenario, the violence and the increasing crimes against
women is witnessed by everyone across the world in some or the other
manner.
• It indicates the enormity and pensiveness of the monstrosity perpetrated
against women in recent years.
• The global crusade for the decimation of violence against women is a proof
to this fact.
• The changes in the living standards, lifestyle, imbalance in the economic
growth, changes in social ethos and meagre concern for the moral values
contribute to a vicious outlook towards women due to which there is
multiplication in crimes against women.
• such incidents are a matter of grave concern and its structure is absolutely
necessary so that the women of India could live with respect, honour,
dignity, liberty and peace in an atmosphere free from atrocities, denigration
and heinous crimes.

3. CRIMES UNDER IPC
• Acid Attack (Sections 326A and 326B)
• Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
• Attempt to commit rape (Section 376/511)
• Kidnapping and abduction for different purposes (Sections 363–373)
• Dowry death, Abetment of Suicide, etc. (Sections 304B and 306)
• Cruelty by husband or his relatives (Section 498A)
• Outraging the modesty of women (Section 354)
• Sexual harassment (Section 354A)
• Assault on women with intent to disrobe a woman (Section 354B)
• Voyeurism (Section 354C)
• Stalking (Section 354D)
• Importation of girls up to 21 years of age (Section 366B)
• Word, gesture or act intended to insult the modesty of a woman (Section 509)

4. RAPE
• The term rape originates from the Latin ‘rapere’ ( raptum), means
"to snatch, to grab, to carry off”
Since the 14th century, the term has come to mean "to seize and take
away by force".
In Roman law, the carrying off of a woman by force, with or without
intercourse, constituted "raptus".
In Medieval English law the same term could refer to either kidnapping
or rape in the modern sense of "sexual violation".
The original meaning of "carry off by force" is still found in some
phrases, such as "rape and pillage“.
(Pillage- Rob a (place),using violence specially in war time)

5. meaning
• Rape is defined in most jurisdictions as sexual intercourse, or other
forms of sexual penetration, committed by a perpetrator against a
victim without their consent.
• Until 2012, the Federal Bureau of Investigation (FBI) considered rape
a crime solely committed by men against women.
• In 2012, they changed their definition from "The carnal knowledge of
a female forcibly and against her will" to "The penetration, no matter
how slight, of the vagina or anus with any body part or object, or oral
penetration by a sex organ of another person, without the consent of
the victim.

6. • The World Health Organization (WHO) defines rape as a form of ‘sexual
assault’
• Centers for Disease Control and Prevention (CDC) includes rape in their
definition of sexual assault; they term rape a form of sexual violence
• The Veterans Health Administration (VHA) has implemented universal
screening for rape and termed as "military sexual trauma“
• 1998 International Criminal Tribunal for Rwanda defines rape as "a
physical invasion of a sexual nature committed on a person under
circumstances which are coercive"

7. Evolution of Rape
• Human evolutionary history was apparently one of polygyny.
• Polygyny favors the use of different reproductive options by human males with
different competitive abilities.
• These options or alternatives collectively represent a single conditional strategy;
which alternatives are employed depend on conditions encountered during a
man's life history.
• It is hypothesized that human rape is an evolved facultative alternative that is
primarily employed when men are unable to complete for resources and status
necessary to attract and reproduce successfully with desirable mates.
• According to this hypothesis males that cannot effectively compete may employ
rape as the only behavioral alternative, or depending on circumstances of relative
status and family composition, they may incorporate rape into a repertoire of
other behavioral patterns, including low commital pair bonding with one or more
females and/or investing available resources toward sister's offspring.
• The evolutionary view of is completely testable.

8. Types of Rape
1 Date rape
2 Gang rape
3 Spousal rape
4 Rape of children
5 Statutory rape
6 Prison rape
7 Serial rape
8 Payback rape
9 War rape
10 Rape by deception
11 Corrective rape
12 Custodial rape

9. Date Rape: The term "date rape" is used to refer to several types of
rape, broadly acquaintance rape, which is a non-domestic rape
committed by someone who knows the victim,
• Its also called as drug facilitated sexual assault (DFSA), where the
rapist intentionally drugs the victim with a date rape drug so that they
are incapacitated. Western countries it’s common.
Gang rape: occurs when a group of people participate in the rape of a
single victim. Rape involving two or more violators (usually at least
three is widely reported to occur in many parts of the world.
Spousal rape: also known as marital rape, partner rape or intimate
partner sexual assault (IPSA), is rape between a married or de facto
couple without one spouse's consent. Spousal rape is considered a
form of domestic violence and sexual abuse.

10. Rape of a child: is a form of child sexual abuse.
• When committed by another child (usually older or stronger) or
adolescent, it is called child-on-child sexual abuse.
• When committed by a parent or other close relatives such as
grandparents, aunts and uncles, it is also incestual Rape
• When a child is raped by an adult who is not a family member but is a
caregiver or in a position of authority over the child. (Child custodial
rape).
Statutory rape: The offense is often based on the fact that people under
a certain age do not have the capacity to give consent. The age at which
individuals are considered competent to give consent, called the age of
consent, varies .Sexual activity that violates age-of-consent law, but is
neither violent nor physically coerced, is sometimes described as
"statutory rape“(USA)

11. Prison rape: Rape committed on a convict in a prison
• Although prison rapes are more commonly same-sex crimes (since prisons
are usually separated by sex.
Serial Rape:Serial rape is rape committed by a person over a relatively long
period of time and committed on a number of victims. Most times this type
of rapist is unknown to the victim and follows a specific and predictable
pattern of targeting and assaulting victims.
Play back Rape:"Payback rape", also called "punishment rape" or "revenge
rape", is a form of rape specific to certain cultures, particularly the Pacific
Islands.
• It consists of the rape of a female, usually by a group of several males, as
revenge for acts committed by members of her family, such as her father
or brothers.
• The rape is meant to humiliate and bring shame upon the father or
brothers, as punishment for their prior behavior towards the perpetrators

12. • War rapes: rapes committed by soldiers, other combatants or civilians
during armed conflict or war, or during military occupation.
• It also covers the situation where girls and women are forced into
prostitution or sexual slavery by an occupying power.
• During war, rape is often used as a means of psychological warfare in
order to humiliate the enemy and undermine their morale.
• Rapes in war are often systematic and thorough, and military leaders
may actually encourage their soldiers to rape civilians. Likewise,
systematic rapes are often employed as a form of ethnic cleansing.
• Rape by deception: occurs when the perpetrator gains the victim's
agreement through fraud or false representation of a person/identity
• Corrective rape: A targeted rape against non-heterosexuals as a
punishment for violating gender roles, It is a form of hate crime
against LGBT individuals.

13. • Custodial rape: A rape perpetrated by a person employed by the state
in a supervisory or custodial position, such as a police officer, public
servant or jail or hospital employee.
• OTHER FORMS:
• exchange rape - rape occurring as the result of bargaining
• punitive rape - rape used to punish or discipline
• theft rape - rape that happens when a woman or man is abducted, in
most cases to be used as a slave or a prostitute
• ceremonial rape - rape involving defloration rituals
• status rape - rape resulting from differences in hierarchy or social class

14. Rape [Section 375 & 376]
• Section 375, IPC defines rape. In simple terms, the offence of rape is the
ravishment of a woman, without her consent, by force, fraud or fear.
• In other words, it is the carnal knowledge (penetration of any of the
slightest degree of the male organ of reproduction) of any woman by force
against her will.
• It is an obnoxious act of highest degree which violates the right to privacy
and sanctity of a female.
• Apart from being a dehumanizing and perverted act, it is also an unlawful
interference in the personal life of a woman which is an intense blow on
the honor, dignity, reputation and self-esteem of a woman.
• This outrageous crime not only causes physical injury to the victim but also
humiliates, degrades and leaves a scar on the most precious jewel of a
woman i. e. her character and dignity.

15. • 375. Rape.—A man is said to commit “rape” who, except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances falling under any of
the six following descriptions:—
• (First) — Against her will.
• (Secondly) —Without her consent.
• (Thirdly) — With her consent, when her consent has been obtained by putting her or any
person in whom she is interested in fear of death or of hurt.
• (Fourthly) —With her consent, when the man knows that he is not her husband, and that
her consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
• (Fifthly) — With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or through
another of any stupefying or unwholesome substance, she is unable to understand the
nature and consequences of that to which she gives consent.
• (Sixthly) — With or without her consent, when she is under sixteen years of age.
Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to
the offence of rape.
• (Exception) —Sexual intercourse by a man with his own wife, the wife not being under
fifteen years of age, is not rape.

16. Tukaram and Another v. State of Maharashtra
Mathura, a young orphan, lived with her brother Gama. She worked as a
laborer at the house of Nushi. During the course of employment, she
developed sexual relations with Ashok, the son of Nushi’s sister. Thereafter,
they decided to get married. On the basis of a report filed by Gama on March
26, 1972, stating that Mathura had been kidnapped, all the concerned parties
including Ashok, Nushi and other relatives were brought before the police
station.
After their statements were recorded, everyone began walking out at about
10:30 pm. The first appellant Ganpat asked Mathura to wait inside the police
station. After closing the doors and turning off the lights inside, he took her up
to the washroom and raped her in spite of her resisting.
After he was done, the second appellant Tukaram came and fondled with her
private parts. He tried to rape her too but failed, as he was heavily intoxicated.
The Supreme Court acquitted the appellants in 1979 on the ground
“consensual sexual intercourse”.

17. • This case stirred up great passions and resentment amongst people in the
society. A law more sensitive to the feelings of the victims had to be drafted,
that protected their human rights and dignity.
• This resulted in the Criminal Law Amendment Act being passed in 1983
• Sec.376A,B,C,D and E is introduced
• 228A IPC, 327(2) OF CRPC, 114A IEA
• In Mohd. Habib v. State (1989) , the Delhi High Court acquitted the accused for
the rape of Aruna Kumari. The court again equated no “marks of injury” on his
genital parts to lack of resistance by the victim. The facts that Aruna was
between 7-10 years, her hymen was ruptured, there were bite marks on her
body and there was an eyewitness to this entire incident was also considered
inconsequential to this Court.
• In Bhanwari Devi (1992), the court held that the accused couldn’t be held guilty
of rape even after the semen of five different men were found in her vaginal
swab and on her clothes since the victim was a Dalit while the accused was
from an upper caste and would “not stoop so low to have sexual relations with
a Dalit”

18. NIRBHAYA CASE (Mukesh v. State (NCT of Delhi) [(2017) 6 SCC 1)
• The victims, a 23-year-old woman, Jyoti Singh and her male friend, were returning home on the night of 16 December 2012 after watching the
film Life of Pi in Saket, South Delhi.
• They boarded the bus at Munirka for Dwarka at about 9:30 pm (IST). There were only six others on the bus, including the driver. One of the
men, identified as minor, had called for passengers telling them that the bus was going towards their destination.
• Her friend became suspicious when the bus deviated from its normal route and its doors were shut. When he objected, the group of six men
already on board, including the driver, taunted the couple, asking what they were doing alone at such a late hour.
• He was beaten, gagged and knocked unconscious with an iron rod. The men then dragged Jyoti to the rear of the bus, beating her with the rod
and raping her while the bus driver continued to drive. A medical report later said that she suffered serious injuries to her abdomen, intestines
and genitals due to the assault, and doctors said that the damage indicated that a blunt object (suspected to be the iron rod) may have been
used for penetration.[
• That rod was later described by police as being a rusted, L-shaped implement of the type used as a wheel jack handle.
• After the beatings and rape ended, the attackers threw both victims from the moving bus. One of the perpetrators later cleaned the vehicle to
remove evidence. Police impounded it the next day.
• The partially clothed victims were found on the road by a passerby at around 11 pm. The passerby called the Delhi Police who took the couple
to Safdarjung Hospital, where Jyoti was given emergency treatment and placed on mechanical ventilation.
• She was found with injury marks, including numerous bite marks, all over her body. According to reports, one of the accused men admitted to
having seen a rope-like object, assumed to be her intestines, being pulled out of the woman by the other assailants on the bus.
• Two blood-stained metal rods were retrieved from the bus and medical staff confirmed that "it was penetration by this that caused massive
damage to her genitals, uterus and intestines

19. 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013,
• §375. A man is said to commit "rape" if he:–– (a) penetrates his penis,
to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
• (b) inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus of a woman or makes
her to do so with him or any other person; or
• (c) manipulates any part of the body of a woman so as to cause
penetration into the vagina, urethra, anus or any part of body of such
woman or makes her to do so with him or any other person; or
• (d) applies his mouth to the vagina, anus, urethra of a woman or
makes her to do so with him or any other person, under the
circumstances falling under any of the following seven descriptions:

20. • Firstly. –– Against her will.
• Secondly. –– Without her consent.
• Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in
whom she is interested, in fear of death or of hurt.
• Fourthly. –– With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or believes herself to
be lawfully married.
• Fifthly. –– With her consent when, at the time of giving such consent, by reason of unsoundness of
mind or intoxication or the administration by him personally or through another of any stupefying
or unwholesome Substance, she is unable to understand the nature and consequences of that to
which she gives consent.
• Sixthly. –– With or without her consent, when she is under eighteen years of age.
• Seventhly. –– When she is unable to communicate consent.
• Explanation 1. –– For the purposes of this section, "vagina" shall also include labia majora.
• Explanation 2. –– Consent means an unequivocal voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal communication, communicates willingness to
participate in the specific sexual act;
• Provided that a woman who does not physically resist to the act of penetration shall not by the
reason only of that fact, be regarded as consenting to the sexual activity.
• Exceptions –– 1. A medical procedure or intervention shall not constitute rape;
• 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen
years of age, is not rape.

21. Punishment for rape.
• 1. Whoever, except in the cases provided for in sub-section (2),
commits rape, shall be punished with rigorous imprisonment of either
description for a term which shall not be less than seven years, but
which may extend to imprisonment for life, and shall also be liable to
fine.
• 2. Whoever,—
• a. being a police officer, commits rape—
• i. within the limits of the police station to which such
police officer is appointed; or
• ii. in the premises of any station house
• iii. on a woman in such police officer's custody or in
the custody of a police officer subordinate to such police officer; or

22. • b. being a public servant, commits rape on a woman in such public servant's custody or in the custody of a
public servant subordinate to such public servant; or
• c. being a member of the armed forces deployed in an area by the Central or a State Government commits
rape in such area; or
• d. being on the management or on the staff of a jail, remand home or other place of custody established by or
under any law for the time being in force or of a women's or children's institution, commits rape on any inmate
of such jail, remand home, place or institution; or
• e. being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
• f. being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman,
commits rape on such woman; or
• g. commits rape during communal or sectarian violence; or
• h. commits rape on a woman knowing her to be pregnant; or
• i. commits rape on a woman when she is under sixteen years of age; or
• j. commits rape, on a woman incapable of giving consent; or
• k. being in a position of control or dominance over a woman, commits rape on such woman; or
• l. commits rape on a woman suffering from mental or physical disability; or
• m. while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman;
or
• n. commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term
which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

23. • Explanation.—For the purposes of this sub-section,—
• a. "armed forces" means the naval, military and air forces and includes
any member of the Armed Forces constituted under any Jaw for the time
being in force, including the paramilitary forces and any auxiliary forces that
are under the control of the Central Government!, or the State Government;
• b. "hospital" means the precincts of the hospital and includes the
precincts of any institution for the reception and treatment of persons
during convalescence or of persons requiring medical attention or
rehabilitation;
• c. "police officer" shall have the same meaning as assigned to the
expression "police" under the Police Act, 1861;
• d. "women's or children's institution" means an institution, whether called
an orphanage or a home for neglected women or children or a widow's
home or an institution called by any other name, which is established and
maintained for the reception and care of women or children.

24. Punishment for causing death or resulting in
persistent vegetative state of victim.
Sec. 376A
• Whoever, commits an offence punishable under
• sub-section (l) or
• sub¬section (2) of section 376
• and in the course of such commission inflicts an injury which causes
the death of the woman or causes the woman to be in a persistent
vegetative state, shall be punished with rigorous imprisonment for a
term which shall not be less than twenty years, but which may
extend to imprisonment for life, which shall mean imprisonment for
the remainder of that person's natural life, or with death.

25. Sexual intercourse by husband upon his wife
during separation
Sec 376B
• Whoever has sexual intercourse with his own wife, who is living
separately, whether under a decree of separation or otherwise,
without her consent, shall be punished with imprisonment of either
description for a term which shall not be less than two years but
which may extend to seven years, and shall also be liable to fine.
• Explanation.—In this section, "sexual intercourse" shall mean any of
the acts mentioned in clauses (a) to (d) of section 375.

26. Sexual intercourse by person in authority.
Sec.376C
• Whoever, being—
• a. in a position of authority or in a 6duciary relationship; or
• b. a public servant; or
• c. superintendent or manager of a jail, remand home or other place of custody established by or under any
law for the time being in force, or a women's or children's institution; or
• d. on the management of a hospital or being on the staff of a hospital, abuses such position or 6duciary
relationship to induce or seduce any woman either in his custody or under his charge or present in the premises
to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be
punished with rigorous imprisonment of either description for a term which shall not be less than 6ve years,
but which may extend to ten years, and shall also be liable to fine.
• Explanation l.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of
section 375.
• Explanation 2. —For the purposes of this section, Explanation I to section 375 shall also be applicable.
• Explanation 3.—"Superintendent", in relation to a jail, remand home or other place of custody or a women's or
children's institution, includes a person holding any other office in such jail, remand home, place or institution
by virtue of which such person can exercise any authority or control over its inmates.
• Explanation 4.—The expressions "hospital" and "women's or children's institution" shall respectively have the
same meaning as in Explanation to sub-section (2) of section 376.

27. Gang rape.376D
• Where a woman is raped by one or more persons constituting a group
or acting in furtherance of a common intention, each of those persons
shall be deemed to have committed the offence of rape and shall be
punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to life which shall mean
imprisonment for the remainder of that person's natural life, and with
fine:
• Provided that such fine shall be just and reasonable to meet the
medical expenses and rehabilitation of the victim:
• Provided further that any fine imposed under this section shall be paid
to the victim.
• Punishment for repeat offenders.

28. Punishment for repeat offenders.376E.
• Whoever has been previously convicted of an offence punishable
under section 376 or section 376A or section 376D and is
subsequently convicted of an offence punishable under any of the
said sections shall be punished with imprisonment for life which shall
mean imprisonment for the remainder of that person's natural life,
or with death.'.

29. Post Nirbhaya
• 1. Shakti Mills gang-rape, July-August, 2013
• The incident that took place in an abandoned mill in Central Mumbai. A 22-year-old
photojournalist and her male colleague were attacked and she was raped by five men,
including a minor, on August 22. The accused threatened that her photos would be
posted online if she complained.
• An 18-year-old alleged being raped in the same premises on July 13.Three of five men
who were convicted – Vijay Jadhav, Qasim Sheikh and Salim Ansari – were held guilty of
both crimes and sentenced to death. Two other accused were minors who were tried
and sentenced to three years in a juvenile detention facility by the Juvenile Justice
Court in Mumbai.
• 2. ‘Gang-rape’ in Badaun, May, 2014
• Two cousins, aged 14 and 15 and belonging to a Dalit family, went missing from their
homes and were found hanging from a mango tree the next day in Badaun, Uttar
Pradesh. The family alleged gang-rape and murder and an initial post-mortem report
confirmed that they raped before being killed. Five men, including two police
constables were held on charges of rape, murder and criminal conspiracy.

30. • 3. Rape of six-year-old at Vibgyor High, July, 2014
• Protests flared in Bangalore after a six-year-old was allegedly raped by school staff
at an international school, Vibgyor High. Committed by the Gym instructors
• 4. Uber rape case, December, 2014
• A 27-year-old woman returning home in an Uber cab in Delhi was raped by her
driver after she dozed off in the backseat, and woke up to find him molesting her.
Threatening to kill her, the driver then thrashed and raped her inside the locked
car. Supreme Court before Yadav was convicted on October 20, 2015.
• 5. Sivagangai minor girl rape case, July, 2015
• The rape survivor’s aunt, Selvi, filed a case with local police alleging that the girl
was being forced into prostitution by her father and brother, Muthupandi and
Karthik. The case was transferred to the Crime Branch of CID in Sivagangai. The
case took a turn when the aunt was arrested after the girl claimed it was Selvi
who forced her into prostitution, and that she was also forced to name her father
and brother.
• Disha Case- 2019

31. 354A. 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 sub-section (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.

32. 354B. Assault or use of criminal force to
woman with intent to disrobe
• Any man who assaults or uses criminal force to any woman
or abets such act with the intention of disrobing or
compelling her to be naked, shall be punished with
imprisonment of either description for a term which shall
not be less than three years but which may extend to seven
years, and shall also be liable to fine.

33. 354C. Voyeurism
• Any man who watches, or captures the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less than one
year, but which may extend to three years, and shall also be liable to fine, and be
punished on a second or subsequent conviction, with imprisonment of either
description for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
• Explanation 1.—For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably 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.
• Explanation 2.—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, such dissemination shall be considered an offence under this
section

34. 354D. Stalking
• (1) Any man who—
• (i) 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; or
• (ii) monitors the use by a woman of the internet, email or any other form of electronic
communication, commits the offence of stalking: Provided that such conduct shall not
amount to stalking if the man who pursued it proves that—
• (i) it was pursued for the purpose of preventing or detecting crime and the man accused
of stalking had been entrusted with the responsibility of prevention and detection of
crime by the State; or
• (ii) it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
• (iii) in the particular circumstances such conduct was reasonable and justified.
• (2) Whoever commits the offence of stalking shall be punished on first conviction with
imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine; and be punished on a second or subsequent conviction,
with imprisonment of either description for a term which may extend to five years,
and shall also be liable to fine.]

35. Outraging the modesty of women (Section 354)
• 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].

36. Acid Attack (Sections 326A and 326B)
• 326A: Voluntarily causing grievous hurt by use of acid, etc.
• —Whoever causes permanent or partial damage or deformity to, or
burns or maims or disfigures or disables, any part or parts of the body
of a person or causes grievous hurt by throwing acid on or by
administering acid to that person, or by using any other means with
the intention of causing or with the knowledge that he is likely to
cause such injury or hurt, shall be punished with imprisonment of
either description for a term which shall not be less than ten years but
which may extend to imprisonment for life, and with fine:
• Provided that such fine shall be just and reasonable to meet the
medical expenses of the treatment of the victim:
• Provided further that any fine imposed under this section shall be paid
to the victim.

37. • 326B. Voluntarily throwing or attempting to throw acid.—Whoever
throws or attempts to throw acid on any person or attempts to
administer acid to any person, or attempts to use any other means,
with the intention of causing permanent or partial damage or
deformity or burns or maiming or disfigurement or disability or
grievous hurt to that person, shall be punished with imprisonment of
either description fora term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
• Explanation 1.—For the purposes of section 326A and this section,
"acid" includes any substance which has acidic or corrosive character or
burning nature, that is capable of causing bodily injury leading to scars
or disfigurement or temporary or permanent disability.
• Explanation 2.—For the purposes of section 326A and this section
permanent or partial damage or deformity shall not be required to be
irreversible.

38. Dowry death, Abetment of Suicide, etc. (Sections
304B and 306)
• 304B. Dowry death.—(1) Where the death of a woman is caused by any
burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage and it is shown that soon
before her death she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in connection with, any
demand for dowry, such death shall be called “dowry death”, and such
husband or relative shall be deemed to have caused her death.
• Explanation.—For the purposes of this sub-section, “dowry” shall have the
same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of
1961).
• (2) Whoever commits dowry death shall be punished with imprisonment
for a term which shall not be less than seven years but which may extend
to imprisonment for life.]

39. OFFENCES RELATING TO MARRIAGE
• 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.—Every man who by deceit causes
any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have
sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
• 494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case
in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared
void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former
husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent
from such person for the space of seven years, and shall not have been heard of by such person as being alive within
that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the
person with whom such marriage is contracted of the real state of facts so far as the same are within his or her
knowledge.
• 495. Same offence with concealment of former marriage from person with whom subsequent marriage is
contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person
with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
• 496. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever, dishonestly or with a
fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married,
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine.

40. • 497. Adultery.—Whoever has sexual intercourse with a person who is
and whom he knows or has reason to believe to be the wife of another
man, without the consent or connivance of that man, such sexual
intercourse not amounting to the offence of rape, is guilty of the
offence of adultery, and shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or
with both. In such case the wife shall not be punishable as an abettor.
Repealed by SC in Joseph Shine v. Union of India
• 498. Enticing or taking away or detaining with criminal intent a
married woman.—Whoever takes or entices away any woman who is
and whom he knows or has reason to believe to be the wife of any
other man, from that man, or from any person having the care of her on
behalf of that man, with intent that she may have illicit intercourse with
any person, or conceals or detains with that intent any such woman,
shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

41. Cruelty by husband or his relatives (Section 498A)
• 498A. Husband or relative of husband of a woman subjecting her to
cruelty.—Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
• Explanation.—For the purposes of this section, “cruelty” means—
• (a) any wilful conduct which is of such a nature as is likely to drive the
woman to commit suicide or to cause grave injury or danger to life, limb
or health (whether mental or physical) of the woman; or
• (b) harassment of the woman where such harassment is with a view to
coercing her or any person related to her to meet any unlawful demand
for any property o

42. Kidnapping and abduction for different purposes
(Sections 359–373)
• 359. Kidnapping.—Kidnapping is of two kinds: kidnapping from [India], and kidnapping
from lawful guardianship.
360. Kidnapping from India.—Whoever conveys any person beyond the limits of [India]
without the consent of that person, or of some person legally authorised to consent on
behalf of that person, is said to kidnap that person from [India].
• 361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under
• [sixteen]years of age if a male, or under
• [eighteen] years of age if a female, or any person of unsound mind, out of the keeping of
the lawful guardian of such minor or person of unsound mind without the consent of such
guardian, is said to kidnap such minor or person fom lawful guardianship
• Explanation.—The words “lawful guardian” in this section include any person lawfully
entrusted with the care or custody of such minor or other person.
• Exception.—This section does not extend to the act of any person who in good faith
believes himself to be the father of an illegitimate child, or who in good faith believes
himself to be entitled to the lawful custody of such child, unless such act is committed for
an immoral or unlawful purpose.

43. • 362. Abduction.—Whoever by force compels, or by any deceitful
means induces, any person to go from any place, is said to abduct
that person.
• 363. Punishment for kidnapping.—Whoever kidnaps any person from
[India] or from lawful guardianship, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
• 363A. Kidnapping or maiming a minor for purposes of begging:
(1)shall be punishable with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
• (2) Whoever maims any minor in order that such minor may be
employed or used for the purposes of begging shall be punishable
with imprisonment for life, and shall also be liable to fine.

44. • 364. Kidnapping or abducting in order to murder:, shall be punished with [imprisonment
for life] or rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine
• 365. Kidnapping or abducting with intent secretly and wrongfully to confine person:
• shall be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.
• 366. Kidnapping, abducting or inducing woman to compel her marriage, etc: shall be
• punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine;
• 366A. Procuration of minor girl.— shall be punishable with imprisonment which may
extend to ten years, and shall also be liable to fine.
• Section 366B Importation of girl from foreign country.—Whoever
imports into India from any country outside India or from the State of
Jammu and Kashmir any girl under the age of twenty-one years with
intent that she may be, or knowing it to be likely that she will be,
forced or seduced to illicit intercourse with another person, shall be
punishable with imprisonment which may extend to ten years and
shall also be liable to fine.

45. Trafficking
• 370. Trafficking of person.—(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
• (c) harbours, (d) transfers, or (e) receives, a person or persons, by—
• First.—using threats, or
• Secondly.—using force, or any other form of coercion, or
• Thirdly.—by abduction, or
• Fourthly.—by practising fraud, or deception, or
• Fifthly.—by abuse of power, or
• Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the
consent of any person having control overthe person recruited, transported, harboured, transferred or
received, commits the offence of trafficking.
• Explanation 1.—The expression "exploitation" shall include any act of physical exploitation or any form of
sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
• Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking

46. • (2)Whoever commits the offence of trafficking shall be punished with rigorous
imprisonment for a term which shall not be less than seven years, but which may extend
to ten years, and shall also be liable to fine.
• (3) Where the offence involves the trafficking of more than one person, it shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years
but which may extend to imprisonment for life, and shall also be liable to fine.
• (4) Where the offence involves the trafficking of a minor, it shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years, but which may
extend to imprisonment for life, and shall also be liable to fine.
• (5) Where the offence involves the trafficking of more than one minor, it shall be
punishable with rigorous imprisonment for a term which shall not be less than fourteen
years, but which may extend to imprisonment for life, and shall also be liable to fine.
• (6) If a person is convicted of the offence of trafficking of minor on more than one
occasion, then such person shall be punished with imprisonment for life, which shall
mean imprisonment for the remainder of that person's natural life, and shall also be
liable to fine.
• (7) When a public servant or a police officer is involved in the trafficking of any person
then, such public servant or police officer shall be punished with imprisonment for life,
which shall mean imprisonment for the remainder of that person's natural life, and shall
also be liable to fine.

47. • 370A. Exploitation of a trafficked person.—(1) Whoever, knowingly or
having reason to believe
• that a minor has been trafficked, 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 trafficked, 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.
• 371. Habitual dealing in slaves.—Whoever habitually imports, exports,
removes, buys, sells, traffics or deals in slaves, shall be punished with 1
• [imprisonment for life], or with imprisonment of either description for a
term not exceeding ten years, and shall also be liable to fine.