Sexual Assault Charges and Defenses in NebraskaTom Petersen
If you have been accused of sexual assault in Nebraska it is imperative that you take the accusation seriously. A conviction could negatively impact your life for years to come. Simply denying the accusation is not sufficient. Learn more about sexual assault charges and defenses in Nebraska in this presentation.
Sexual Assault Charges and Defenses in NebraskaTom Petersen
If you have been accused of sexual assault in Nebraska it is imperative that you take the accusation seriously. A conviction could negatively impact your life for years to come. Simply denying the accusation is not sufficient. Learn more about sexual assault charges and defenses in Nebraska in this presentation.
You must fully comply with the law. Even if you do not agree with your classification or the requirements, you must continue to register and provide accurate information while you challenge your status. An official at your facility will have you complete a preliminary registration form. You must then report to a designated site in person within 48 hours of release to complete your registration. Failure to fully comply with this law is a felony with mandatory state sentences.
SCs and STs (PoA) Act 1989. This contains the bare Act. Use along with the entire set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)
CLASSIFICATION OF SEXUAL OFFENCES
DEFINITION OF RAPE- Sec 375 IPC
Punishment of Rape - Section 376 IPC
STATUTORY RAPE
CUSTODIAL RAPE
DATE RAPE
COMPLICATIONS OF RAPE
Rape trauma syndrome
CLINICAL EXAMINATION OF THE VICTIM & ACCUSED IN CASES OF SEXUAL ASSAULT EVIDENTIAL MATERIAL COLLECTION IN CASES OF SEXUAL ASSAULT TYPES & MEDICO LEGAL ASPECTS OF UNNATURAL SEXUAL OFFENCES TYPES & MEDICOLEGAL ASPECTS OF SEXUAL PERVERSIONS
Supreme court verdict on 6th Sept 2018
Sex-linked offences -Indecent assault
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
You must fully comply with the law. Even if you do not agree with your classification or the requirements, you must continue to register and provide accurate information while you challenge your status. An official at your facility will have you complete a preliminary registration form. You must then report to a designated site in person within 48 hours of release to complete your registration. Failure to fully comply with this law is a felony with mandatory state sentences.
SCs and STs (PoA) Act 1989. This contains the bare Act. Use along with the entire set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)
CLASSIFICATION OF SEXUAL OFFENCES
DEFINITION OF RAPE- Sec 375 IPC
Punishment of Rape - Section 376 IPC
STATUTORY RAPE
CUSTODIAL RAPE
DATE RAPE
COMPLICATIONS OF RAPE
Rape trauma syndrome
CLINICAL EXAMINATION OF THE VICTIM & ACCUSED IN CASES OF SEXUAL ASSAULT EVIDENTIAL MATERIAL COLLECTION IN CASES OF SEXUAL ASSAULT TYPES & MEDICO LEGAL ASPECTS OF UNNATURAL SEXUAL OFFENCES TYPES & MEDICOLEGAL ASPECTS OF SEXUAL PERVERSIONS
Supreme court verdict on 6th Sept 2018
Sex-linked offences -Indecent assault
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
LawThe system of Rules defining correct procedure or behaviorAlmost everything we do is governed by some set of rules.
E.g. Games
Some rules that are made by the legislatures; (Lok Sabha/ Rajya Sabha or Vidhan Sabha): “Laws”.
Constitution is the supreme legal document of the land.
Contains laws concerning the government and its relations with the people.
All other laws have to conform to the Constitution.
Crimes can be divided into several (overlapping) categories: computer offences, crimes against persons, crimes against property, crimes against state security, drug offences, sexual offences, and weapon offences.
Arson 9. Hacking
Assault 10. Murder
Blackmail 11. Motor Vehicle Theft
Burglary 12. Robbery
Child sexual abuse 13. Kidnapping
Domestic violence 14. Plagiarism
Forgery
Rape
Criminal law deals with acts of intentional harm to individuals: breaking into someone's home
Civil law deals with disputes between private parties, or negligent acts that cause harm to society: companies disagree over the terms of their agreement
Indian Penal Code
Punishments or penalty or both
Criminal Procedure Code
Procedure which is to be followed while undertaking a criminal case
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
Most often the FIRs and chargesheets do not mention the right sections of the POA included. Sometimes it is because the police officer is ignorant. This file has the POA sections along with the appropriate IPC sections and can be used to assist the police officer from the FIR till the Charge sheet stage.
Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
3. VISHAKA CASE (1992) sexual harassment
in work place. SC judgement held on 13
Aug’ 1997.
NIRBHAYA EPISODE
NEW SEC – 354A, 354B, 354C AND 354D INSERTED
VIDE CRIMINAL LAW AMENDMENT BILL, 2013.
4. SEC. 326A : VOLUNTARILY CAUSING
GRIEVOUS HURT BY USE OF
ACID, ETC.
shall ten years Imp., may extend to Imp. for life,
and with fine:
The such fine shall be just and reasonable to meet
the medical expenses of the treatment of the
victim & be paid to the victim.
SEC 326B : VOLUNTARILY THROWING OR
ATTEMPTING TO THROW ACID.
shall not be less than five yrs. Imp. but may extend
to seven yrs., & fine.
5. SEC. 354A : SEXUAL HARASSMENT &
PUNISHMENT.
A man committing any of the following acts-
(i) physical contact & 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.
Punish: for (i), (ii) & (iii) 3 yrs. & (iv) one year, or
with fine.
SEC. 354B : ASSAULT OR USE OF CRIMINAL FORCE
TO WOMAN WITH INTENT TO DISROBE.
Punish, shall not be less than three yrs. but may
extend to seven yrs., & fine.
6. SEC. 354C : VOYEURISM.
Derivation of sexual gratification from seeing
the sex acts, naked bodies or genitalia of other
people.
Punish, on first conviction one year, but may
extend to three yrs., & fine.
on a second or subsequent conviction, Imp. shall
not be less than three yrs., but may extend to
seven yrs., & fine.
SEC. 354 D : STALKING.
Punish on first conviction may extend to three yrs.,
& fine; on a second or subsequent conviction,
may extend to five yrs., & fine.
7. f) SEC 375 IPC : ‘RAPE’.
Rape is a type of sexual assault usually involving
sexual intercourse or other forms of sexual
penetration perpetrated against a women against
her will or with or without her consent.
The act may be carried out by physical force,
coercion, abuse of authority or against a person
who is incapable of giving valid consent or
her consent obtain through putting her or any
person in whom she interested, in fear of death or
such as one who is unconscious, incapacitated,
has an intellectual disability or below the 18 yrs
of age.
Punish : Shall not less than 7 yrs., or may
extend to 10 yrs. and fine.
8. f) SEC 375 IPC : 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;
(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,
Punish : Shall not less than 7 yrs., or may
extend to 10 yrs. and fine.
9. SEC 376A : PUNISHMENT FOR CAUSING
DEATH OR RESULTING IN PERSISTENT
VEGETATIVE STATE OF VICTIM.
Punishment: shall not be less than twenty years,
but may extend to Imp. for life, which shall
mean Imp. for the remainder of that person's
natural life, or with death.
SEC 376B : SEXUAL INTERCOURSE BY
HUSBAND UPON HIS WIFE DURING
SEPARATION.
Punishment: shall not be less than 2 years but
may extend to 7 years, & fine.
10. SEC 376C : SEXUAL INTERCOURSE BY A
PERSON IN AUTHORITY.
Punish : Imp. five yrs., but may extend to
ten yrs., & fine.
SEC 376D : GANG RAPE.
Punish: shall not be less than twenty yrs., but may
extend to life which shall mean Imp. for the
remainder of that person's natural life, and with
fine: paid medical expense, & fine to victim.
SEC. 376(E) : PUNISHMENT FOR REPEAT
OFFENDERS.
Imp. for life which shall mean imp. for the
remainder of that person's natural life,
or with death.
11. DUTY OF POLICE OFFICER REGARDING
LODGING OF FIR & INVESTIGATION IN
CASES INVOLVING 2013 AMENDMENTS.
12. SEC 154(1) CrPC : If the information is given by the
woman against whom an offence u/s 326A,
326B, 354, 354A, 354B, 354C, 354D, 376, 376A,
376B, 376C, 376D, 376E or sec 509 IPC is
alleged to have been committed or attempted,
shall be recorded, by a woman police officer : or
If above offence committed against, temporarily/
permanently mentally/physically disabled, then
such information shall be recorded by a police
officer, at the residence of the person seeking to
report or at a convenient place of choice, in the
presence of an interpreter or a special educator;
Videography & recording of statement by Judicial
Magistrate as soon as possible.
13. SEC. 161(3) CrPC : The statement of a woman
against whom an offence u/s 354, 354A, 354B,
354C, 354D, 376, 376A, 376B, 376C, 376D, 376E
or 509 IPC is alleged to have been committed or
attempted shall be recorded, by a woman police
officer.
SEC 46(4) CRPC: ARRESTE HOW MADE.
Save in exceptional circumstances,
no woman shall be arrested after sunset and
before sunrise, & where such exceptional
circumstances exist,
the woman police officer shall, by making a
written report, obtain the prior permission of the
JMFC within whose local jurisdiction the offence
is committed or the arrest is to be made.
14. SEC. 273 CrPC : Where the evidence of a woman
below the age of eighteen yrs who is alleged to
have been subjected to rape or any other sexual
offence, is to be recorded, the court may take
appropriate measures to ensure that such woman
is not confronted by the accused while at the same
time ensuring the right of cross-examination of the
accused.
SEC. 309 (1) CrPC : In every inquiry or trial the
proceedings shall be continued from day-to-day. if
adjournment is necessary, reasons to be recorded:
Provided that when the inquiry/trial relates to u/s
376, 376A, 376B, 376C or sec 376D IPC, the
inquiry/trial shall, as far as possible be completed
within a period of two months from the date of
filing of the charge sheet.
15. SEC.166A IPC : a public servant : –
(a) knowingly disobeys any direction of the law
which prohibits him from requiring the
attendance at any place of any person for the
purpose of investigation into an offence , or
(b) knowingly disobeys, any other direction of the
law regulating the manner in which he shall
conduct such investigation, or
(c) fails to record any information given to him u/s
154 (1) CrPC, in relation to cognizable
offence punishable u/s 326A, 326B, 354,
354B, 370, 370A, 376, 376A, 376B, 376C, 376D,
376E or sec 509 of IPC, shall be punished with
six months RI & may extend to two yrs., & fine.
16. SEC 166B IPC : Non treatment of the victim
by Hospital.
Punish : one year Imp. & fine.
SEC. 197(1) CrPC: PROSECUTION OF JUDGES
& PUBLIC SERVANTS.
Explanation. it is declared that no sanction
shall be required in case of a public
servant accused of any offence alleged to
have been committed u/s166A, 166B,
354, 354A, 354B, 354C, 354D, 370, 375,
376, 376A, 376C, 376D or sec 509 IPC.
18. a) SEC 294 IPC: - Obscene acts and songs in any
public place cause annoyance.
Punish: Three months Imp. & fine or both.
b) SEC 354 IPC :- Assault or criminal force
to women with intent
to outrage her modesty.
Punish: not less one
year Imp. Which may
extend to five yrs & fine.
c) SEC. 361 IPC : Kidnapping from lawful
guardianship.
Punish: Seven yrs. Imp. & also liable to fine.
19. d) SEC 362 IPC : ABDUCTION.
Whoever by force or by any deceitful means
induces, any persons to go from any place, is said
to abduct that person. It commit in respect of any
age. It is an auxiliary act not punishable by itself.
e) SEC 366 IPC : Kidnapping & abduction of any
woman with intent to compel marriage against
her will, forced or seduced to illicit intercourse
etc.
Punish: Ten yrs. Imp. & also liable to fine
f) SEC 493 IPC:- COHABITATION CAUSED BY A
MAN DECEITFULLY INDUCING
A BELIEF OF LAWFUL MARRIAGE
Punish: Seven yrs. Imp & fine.
20. g) SEC 497 IPC : ADULTERY.
Sexual intercourse by a man with a woman
who is and whom he knows or has reason to
believe to be the wife of another man.
Such sexual intercourse must be without the
consent or connivance of the husband.
Such sexual intercourse must not amount to
rape.
Punish: Five years Imp. & with fine or both.
h) SEC 498 IPC :- Enticing or taking away or
detaining with criminal intent a married woman.
Punish: Two yrs. Imp. & fine.
21. i) SEC. 498 A IPC: - Husband or relative of husband
of a woman subjecting her to cruelty.
Punish: Three yrs Imp. & shall also liable to fine.
j) SEC. 509 IPC:- Uttering any Word, or making
any sound or gesture, or exhibiting
any object, intended to insult the
modesty of a woman or intruding
upon the privacy of a woman.
Punish: One year Imp. with fine.
k) Sexual harassment in workplace.
23. i.RIGHT GUARANTEED UNDER
CONSTITUTION OF INDIA.
a) Art. 14 : Right to equality.
b) Art.15 : Prohibition of discrimination on ground of
religion, race, cast, sex or place of birth.
c) Art. 15(3): Nothing in this articles shall prevent the state
from making any special provisions for women & children.
d) Art. 16 : Equality of opportunity in matters of public
employment.
e) Art. 21 : No person shall deprived of his life or liberty
except according to procedure established by law.
f) Art. 23 : Prohibition of traffic in human beings & forced
labour.
g) Art. 42 :The state shall make provision for securing just
and human condition of work and maternity relief.
h) Art. 51A(e) :- to renounce practices derogatory to the
dignity of women.
24. ii. MAINTENANCE OF WIVES, CHILDREN &
PARENTS.
Sec 125 CrPC : If any person having sufficient means
neglect or refuse to maintain, wife, child, father,
mother (unable to maintain)
CCS(Conduct) Rule 3C/12:- Conduct of Govt servant in
relation to proper maintenance of his family.
iii.THE PROHIBITION OF CHILD MARRIAGE
ACT, 2006
An Act to provide for the prohibition
of solemnization of child marriages
& for matters connected therewith
or incidental thereto.
25. IV. THE IMMORAL TRAFFIC (PREVENTION)
ACT- 1956
Any person who keeps
or manages, or acts or
the assists in keeping
management or of, a
brothel shall be
punishable;
On first conviction, RI not less than two yrs. & may
extend to three yrs. & ten thousand rupees fine;
in second or subsequent conviction, RI shall not be less
than three years & which may extend to seven yrs &
shall two lakh rupees fine.
CCS(Conduct) Rule 3C:- Maintain a responsible &
decent standard of conduct in private life.
26. v) DOWRY PROHIBITION ACT, 1961
An Act to prohibit the
giving or taking of dowry.
CCS(Conduct) Rule 13A:-
Such customary gift subject to
provision of rules relating to gift.
304B : IPC DOWRY DEATH.
Death of a women occurs otherwise than normal
circumstances within 7 yrs. of her marriage, and it is
shown that before her death she was subjected to
cruelty or harassment by her husband or relatives it
shall be a “dowry death”.
Punish: shall not be less than seven yrs. but may extend
to Imp. for life.
27. vi. THE INDECENT REPRESENTATION OF
WOMEN (PROHIBITION) ACT, 1986
"indecent representation of women”
means the depiction any manner
in of the figure of a woman, her
body or any part thereof in such
a way as to have the effect
being of indecent, or derogatory
to, or denigrating, women, or is
likely to deprave, corrupt or injure
the public morality or morals;
vii. THE HINDU SUCCESSION (AMEND) ACT-2005
GIVES EQUAL RIGHTS & LIABILITY TO
DAUGHTERS SAME MANNER AS THE SON.
28. viii. The Pre-Natal Diagnostic Techniques
(Regulation & Prevention of Misuse) Act, 1994
to stop female infanticides & sex selective
abortions
Punish : 3 yrs. Imp. &/or Rs.10,000/-fine for the 1st
time, on 2nd conviction Rs. 50,000 fine & 5
yrs. Imp.
ix) The commission of sati (Prevention)
Act, 1987.
29. x. NATIONAL COMMISSION FOR
WOMEN ACT, 1990.
The commission trusted with
wide range of functions i.e.,
power to Investigate & examine
all matters relating to safeguard
as provided for woman under
the constitution and others law.
ix. THE PROTECTION OF WOMEN FROM
DOMESTICS VIOLENCE ACT, 2005.
Harms or injures or endangers the health,
safety, life, limb or well-being, whether
mental or physical, of the aggravated
person or tends to do so and includes
causing;
a) Physical abuse;
b) Sexual abuse;
c) Verbal and emotional abuse, &
d) Economic abuse.
30. LAW AT WORK PLACE
THE FACTORIES ACT,1948
THE MINIMUM WAGES ACT, 1948
THE EMPLOYEES STATE INSURANCE ACT,
1948
THE PLANTATION LABOUR ACT, 1951
THE MATERNITY BENEFITS ACT, 1961
EQUAL REMUNERATION ACT, 1971
DOMESTIC WORKERS WELFARE AND
SOCIAL SECURITY ACT, 2010
32. SEC. 3 : PENETRATIVE SEXUAL ASSAULT.(PSA)
A person is said to commit if : -
(a) he penetrates his penis, to any extent, into the vagina,
mouth, urethra or anus of a child or makes the
child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the
body, not being the penis, into the vagina, the
urethra or anus of the child or makes the child to do
so with him or any other person; or
(c) he manipulates any part of the body of the child so as
to cause penetration into the vagina, urethra, anus
or any part of body of the child or makes the child
to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus,
urethra of the child or makes the child to do so to
such person or any other person.
33. SEC 4. PUNISHMENT FOR PENETRATIVE
SEXUAL ASSAULT.
Imp. shall not be less than seven yrs. but which may
extend to Imp. for life, and shall also be liable to fine.
SEC. 5 : AGGRAVATED PENETRATIVE SEXUAL
ASSAULT.
(a) Whoever, being a police officer, commits penetrative
sexual assault (PSA) on a child:-
(i) within the limits of the police station or premises at
which he is appointed; or
(ii) in the premises of any station house, whether or not
situated in the police station, to which he is
appointed ; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer ;
34. (b) whoever being a member of the Armed Forces or
Security Forces commits penetrative sexual assault
(PSA) on a child :-
(i) within the limits of the area to which the person
is deployed;
(ii) in any areas under the command of the forces or
Armed Forces;
(iii) in the course of his duties otherwise;
(iv) where the said person is known or identified as
a member of the Security or Armed Forces;
(c) whoever being a public servant commits PSA on a
child; or
(d) whoever commits gang PSA on a child.
(e) whoever commits PSA on a child using deadly
weapons, fire, heated substance or corrosive
substance; or
35. (f) whoever commits PSA causing grievous hurt or
causing bodily harm and injury or injury to
the sexual organs of the child; or
(g) whoever commits PSA on a child, which
(i) physically incapacitates the child or causes the child
to become mentally ill.
(ii) in the case of female child, makes the child pregnant
as a consequence of sexual assault;
(iii) inflicts the child with HIV or any other life threatening
disease or infection which may either temporarily or
permanently impair the child by rendering physically
incapacitated, or mentally ill to perform regular tasks; or
(h) whoever, taking advantage of a child's mental or
physical disability, commits PSA on the child; or
(i) whoever commits PSA on the child more than once
or repeatedly; or
(j) whoever commits PSA on a child below twelve yrs;
36. (k) whoever being a relative of the child through blood or
adoption or marriage or guardianship or in foster care
or having a domestic relationship with a parent of the
child or who is living in the same or shared household,
commits PSA on such child; or
(l) whoever commits PSA on a child knowing the child
is pregnant; or
(m) whoever commits PSA on a child & attempts
to murder the child; or
(n) whoever commits PSA on a child in the course
of communal or sectarian violence; or
(o) whoever commits PSA on a child and who has been
previously convicted of having committed any offence
under this Act or any sexual offence punishable
under any other law for the time being in force; or
(p) whoever commits PSA on a child and makes the
child to strip or parade naked in public, is said
to commit aggravated PSA.
37. SEC. 6 : PUNISHMENT FOR AGGRAVATED PSA.
Shall be punished with RI not be less than ten yrs
but which may extend to Imp. for life & fine.
SEC. 7: SEXUAL ASSAULT.
Whoever, with sexual intent touches the vagina,
penis, anus or breast of the child or makes the
child touch the vagina, penis, anus or breast of
such person or any other person, or does any
other act with sexual intent which involves
physical contact without penetration is said
to commit sexual assault.
SEC. 8 : PUNISHMENT FOR SEXUAL ASSAULT.
shall be punished with Imp., not less than
three years, may extend to five years, & fine.
38. SEC. 9 : AGGRAVATED SEXUAL ASSAULT.
(a) Whoever, being a police officer, commits sexual
assault on a child:-
(b) whoever, being a member of the armed forces or
security forces, commits sexual assault on a child:-
(i) within the limits of the area to which the person is
deployed; or
(ii) in any areas under the command of the security or
Armed Forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of
the security or armed forces; or
(c) whoever being a public servant commits sexual
assault on a child; is said to commit aggravated SA.
{SAME OFFENCE AS MENTIONED IN SEC. 5 PSA}
SEC. 10 : PUNISHMENT FOR AGGRAVATED SEXUAL
ASSAULT.
Punished with Imp. not be less than five yrs but which
may extend to seven yrs, and fine.
39. SEC. 11: SEXUAL HARASSMENT. (SH)
A person is said to commit sexual harassment upon a child
when such person with sexual intent,
(i) utters any word or makes any sound, or makes any gesture
or exhibits any object or part of body with the intention
that such word or sound shall be heard, or such gesture or
object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as
it is seen by such person or any other person; or
(iii) shows any object to a child in any form or media for
pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a
child either directly or any other means;
(v) threatens to use, in any form of media, a real or fabricated
depiction through electronic, film or digital or any other
mode, of any part of the body of the child or the
involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives
gratification therefor.
SEC.12 : Punishment Imp. of three yrs & fine.
41. SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL)
ACT, 2013
- An Act to provide protection against sexual
harassment of women at work place and
for the prevention and redressal of
complaints of sexual harassment and
matters connected therewith or incidental
thereto.
42. DEFINITIONS
Sec. 2(a) : “aggrieved woman” means:
(i) in relation to a workplace, a woman, of any age
whether employed or not, who alleges to have
been subjected to any act of sexual harassment
by the respondent;
(ii) in relation to a dwelling place or house, a
woman of any age who is employed in such a
doweling place or house;
Sec, 2(g): “Employer” means Head of the Unit.
Sec. 2(o) : “Workplace means”
- Any department of Govt;
- Any Private enterprise;
- Hospitals or nursing homes;
- Sports arena;
- A dwelling place or a house;
43. Sec. (n) "sexual harassment" includes any one or
more of the following unwelcome acts or behaviour
(whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-
verbal conduct of sexual nature;
VERBAL :
Sexual or gender- based jokes or teasing or comments.
Comments about clothing, personal behaviour, or a
person’s body.
Requesting for sexual favours.
Pressure for dates.
Graphic description of pornography.
Obscene phone calls.
Spreading rumors about a person’s personal or sex life.
Turning work discussions to sexual topics (using “puns”)
44. NON - VERBAL :
Staring.
Sizing up a person’s body
( looking up & down)
Derogatory gestures of a
sexual nature.
Sexually suggestive looks.
Facial expressions of a
sexual nature; winking
licking lips.
45.
PHYSICAL :
Unwelcoming hugging, kissing.
Standing too close to or brushing
up against another person,
leaning over, invading a person’s
space.
Patting, stroking, grabbing or
pinching.
Blocking someone’s with the
purpose of making sexual
a advance.
Stalking.
Actual or attempted sexual assault,
or forced fondling.
VISUAL:
Presence of posters, cartoons, drawings,
calendars, pinups, pictures, computer programs
of a sexual nature.
Notes or e- mail containing sexual comments.
Knick-knacks and other objects of a sexual
nature.
46. PREVENTION OF SEXUAL HARASSMENT.
Sec 3. (I) : No woman shall be subjected to sexual
harassment at any workplace.
(2) The following circumstances if it occurs or is
present in relation to or connected with any act or
behaviour of sexual harassment may amount to
sexual harassment:-
(i) implied or explicit promise of preferential treatment
in her employment: or
(ii) implied or explicit threat of detrimental treatment in
her employment; or
(iii) implied or explicit threat about her present or
future employment status: or
(iv) interference with her work or creating an
intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health or
safety.
47. CONSTITUTION OF INTERNAL COMPLAINTS
COMMITTEE {ICC}.
Sec. 4: Every employer of a work place shall constitute,
an “Internal Complaints Committee”
The Committee shall consist of the following members :-
(a) PO who shall be a woman employed at a senior
level at workplace from amongst the employees;
(b) not less than two members from amongst
employees preferably committed to the cause of
women or who have had experience in social work
or have legal knowledge;
(c) one member from amongst Non-Governmental
organisations/associations committed to the cause
of women or a person familiar with issues relating
to sexual harassment;
Provided that at least fifty per cent of the
members so nominated shall be women.
(tenure three years)
48. SEC. 9: COMPLAINT OF SEXUAL HARASSMENT
Any aggrieved woman may make, in writing, a complaint
of SH at workplace to the Internal Committee(IC), within
a period of three months from the date of incident in
case series of incidents, within a period of three months
from the date of last incident:
Provided that where such complaint cannot be made in
writing, the Committee shall render all reasonable
assistance to the woman making the complaint in
writing.
The IC, extend the time limit not exceeding three
months, if it is satisfied that the circumstances were
such which prevented the woman from filing a
complaint within the said period.
(2) Where the aggrieved woman is unable to make
complaint on account of her physical or mental
incapacity or death or otherwise, her legal heir or
such other person as may be prescribed may make
a complaint under this section.
49. CONCILIATION
Sec. 10. (I) The Internal Committee may, before
initiating an inquiry & at the request of the
aggrieved woman take steps to settle the
matter between her & the respondent through
conciliation.
Provided that no monetary settlement shall be
made as a basis of conciliation.
(2) Where a settlement has been arrived the Internal
Committee shall forward the same to the
employer to take action as specified in the
recommendation. ·
(3) The Internal Committee shall provide the copies
of the settlement as recorded to the aggrieved
woman & the respondent.
(4) Where a settlement is arrived, no further inquiry
shall be conducted.
50. INQUIRY INTO COMPLAINT
Sec. 11. (I) : The IC shall proceed to make
inquiry into the complaint in accordance
with the provisions of the service rules
applicable to the respondent.
Provided that where the aggrieved woman
informs the IC that any term or condition of
the settlement (CONCILIATION) has not
been complied with by the respondent, the
IC shall proceed to make an inquiry into the
complaint.
Provided further that the parties shall be given
an opportunity of being heard to them.
51. ENQUIRY INTO COMPLAINT
SEC. 12(1) : During the pendency of enquiry, on a
written request made by the aggrieved woman, the
Internal Committee may recommend to the
employer to-
(a) transfer the aggrieved woman or the respondent
to any other workplace; or
(b) grant leave to the aggrieved woman upto three
months ; or
(c) grant to the aggrieved woman any other relief
which may be prescribed.
(2) The leave granted to her shall be in addition to the
leave she would be otherwise entitled.
(3) On the recommendation of the IC the employer
shall implement the recommendations made &
send the report of such implementation to the IC.
52. ENQUIRY REPORT
SEC. 13(1): On the completion of an enquiry, the IC
shall provide a report of its findings to the employer
within a period of ten days from completion of the
inquiry. The report shall also be made available to all
the concerned parties.
(2) Where the IC arrives at the conclusion that the
allegation against the respondent has not been
proved, it shall recommend to the employer that no
action is required to be taken in the matter.
(3) Where the IC arrives at the conclusion that the
allegation against the respondent has been proved, it
shall recommend to the employer:-
(i) to take action for misconduct in accordance with the
provisions of the service rules.
(ii) to deduct, from the salary of the respondent such
sum as it may consider appropriate to be paid to
the aggrieved woman or to her legal heirs.
53. Provided that in case the employer is unable to make
such deduction from the salary of the respondent
due to his being absent from duty or cessation of
employment it may direct the respondent to pay
such sum to the aggrieved woman:
Provided further that in case the respondent fails to
pay the sum the IC may forward the order tor
recovery of the sum as an arrear of land revenue to
the concerned District officer.
(4) The employer or the District Officer shall act upon
the recommendation within sixty days of its receipt
by him.
54. DETERMINATION OF COMPENSATION
SEC. 15 : the sums to be paid to the aggrieved
woman, the IC shall have regard to –
(a) the mental trauma, pain, suffering & emotional
distress caused to the aggrieved woman;
(h) the loss in the career opportunity due to the
incident of sexual harassment;
(c) medical expenses incurred by the victim for
physical or psychiatric treatment;
(d) the income & financial status of the respondent;
(e) feasibility of such payment in lump
sum/installments.
55. PUNISHMENT FOR FALSE OR MALICIOUS
COMPLAINT AND FALSE EVIDENCE
Sec. 14(I) : Where the IC, arrives at a conclusion that the
allegation is malicious; or the complaint knowing it to
be false; or the complainant has produced any forged
or misleading document, it may recommend to the
employer to take action against the woman or the
person who has made the complaint in accordance
with the provisions of the service rules:
Provided that a mere inability to substantiate a complaint or
provide adequate proof need not attract action against
the complainant under this section:
Provided further that the malicious intent on part of the
complainant shall be established after an inquiry in
accordance with the procedure prescribed, before any
action is recommended.
(2) Where during the inquiry any witness has given false
evidence; or produced any forged or misleading document,
IC may recommend to the employer to take action in
accordance with the provisions of the service rules.
56. APPEAL
Sec. 18(I) : Any person aggrieved from the
recommendations or non-implementation of
such recommendations may prefer an
appeal to the court in accordance with the
provisions of the service rules applicable to
the said person.
(2) The appeal shall be preferred within a
period of ninety days of the
recommendations.
57. DUTIES OF EMPLOYER (SEC. 19)
The employer shall -
(a) provide a safe working environment at the workplace;
(b) display at any conspicuous place in the workplace, the penal
consequences of SH; & order constituting the committee.
(c) organise workshops & training programmes at regular
intervals for sensitizing the employees;
(d) provide necessary facilities to the IC to deal with the
complaint & conduct enquiry;
(e) ensure the attendance of respondent & wit. before the IC;
(f) Make available such information to the Committee as it
require having regard to the complaint made.
(g) Provide assistance to the woman if she so chooses to file
complaint in relation to the offence under IPC or any
other law for the time being in force;
(h) Cause to initiate action, under the Penal Code or any other
law against the perpetrator if the aggrieved woman so
desires.
(i) treat sexual harassment as a misconduct under the service
rules and initiate action for such misconduct;
(j) monitor the timely submission of report by the IC.
58. PENALTY FOR NON-COMPLIANCE WITH
PROVISIONS OF ACT.
SEC. 26(1). Where the employer fails to constitute
Committee or to take action on inquiry report or
on false complaint, he shall be punishable with
fine which may extend to fifty thousand rupees.
(2) If any employer, after having been previously
convicted of an offence punishable under this
Act subsequently commits and is convicted of
the same offence, he shall be liable to twice the
punishment, which might have been imposed on
a first conviction, subject to the punishment
being maximum provided for the same
offence:
59. PROCEDURE TO BE FOLLOWED BY COMPLAINTS
COMMITTEE FOR CONDUCING ENQUIRY ON
SEXUAL HARASSMENT CASES.
Procedure to be followed by complaints
committee for conducing enquiry on sexual
harassment cases shall follow the procedure
meant for Court Of Inquiry as envisaged in
BSF Rules-170 to 176 against the combatised
personnel.
62. Woman commits ‘sati’ in MP
• Bhopal, August 6’ 2002
In a shocking incident of “sati”, a 65-year-old woman sat on the
funeral pyre of her husband today and died of burn injuries at a
village in Madhya Pradesh’s Panna district.
• Police sources said here that Mallu Nai died early today at Tamoli
Patna village, 70 km from the district headquarters of Panna, after
prolonged illness.
• Two policemen from Saleha, 8 km from the incident site, rushed to
the place when they came to know that Mallu’s wife Kuttu Bai was
going to commit ‘sati’ and tried to save the woman. But they came
under a stone attack by the villagers, police sources said.
• Kuttu Bai’s two grown-up sons did not try to prevent their mother
from sitting on their father’s funeral pyre, the police said.
• The village was now deserted and further information about the
incident would be known only after they return to it, the police
said adding a group of senior police officials had rushed to Tamoli
Patna
63. SEXUAL HARASSMENT INCLUDES MANY THINGS.
Actual or attempted rape or sexual assault.
Unwanted pressure for sexual favors or for dates.
Unwanted deliberate touching, leaning over, cornering,
or pinching.
Unwanted letters, telephone calls, or materials of a
sexual nature.
Unwanted sexual teasing, jokes, remarks, sexual looks
or questions.
Referring to an adult as a girl, hunk, doll, babe, or honey.
Whistling at someone.
Cat calls. Or Sexual comments.
Turning work discussions to sexual topics.
Sexual innuendos or stories.
Asking about sexual fantasies, preferences, or history.
Personal questions about social or sexual life.
64. Sexual comments about a person's clothing, anatomy, or
looks.
Kissing sounds, howling, and smacking lips.
Telling lies or spreading rumors about a person's personal
sex life.
Touching an employee's clothing, hair, or body.
Giving personal gifts.
Hanging around a person.
Hugging, kissing, patting, or stroking.
Touching or rubbing oneself sexually around another
person.
Standing close or brushing up against a person.
Looking a person up and down (elevator eyes).
Sexually suggestive signals. Or Staring at someone
Facial expressions, winking, throwing kisses, or licking
lips.
Making sexual gestures with hands or through body
movements.