Crime Against Women in India – A Legal Brief

Crime against women in India in the light of IPC and other special laws

The National Crime Records Bureau of India as per the report of 2012 states that 46 per 100,000 are raped. Further, the 2006 survey found that 85% of women who suffered sexual violence in or outside of marriage, never sought help and only 1% reported to the police.

A woman, right from the time of her birth or even before a girl could become a victim of a crime. Looking at the stages of a woman’s life, we can discuss the threats briefly.

1. Foeticide and infanticide: Preference for sons leads to female foeticide.
2. School-going age: Many girls are not given access to proper primary and secondary education as compared to boys.
3. Adolescence: Many adolescent girls become victims of internet exploitation, acid attacks, rape and early marriage.
4. Marriage: Many women are tortured physically, economically and emotionally after their marriage by their husbands and in-laws.
5. Motherhood: Women are sometimes not provided proper medical care and healthy food during and after their pregnancy. She is often compelled to abort a female foetus.
6. Workplace: Often women suffer from exploitation, unequal pay for equal work and lack of promotions despite merit. Further, suffers from physical, economic and emotional abuse.

Provisions to prevent crime against women in India in the light of IPC and other special laws

1. Sexual Harassment at Workplace: Sexual Harassment of Women at Workplace \Prevention, Prohibition and Redressal) Act, 2013 was passed with the objective of providing protection to the women at workplace.
2. Acid Attack: Acid attack is a form of violent assault defined as the act of throwing acid or corrosive substance onto the body of another with the intention to disfigure, maim-torture or kill. Section 326A and Section 326B of the Indian Penal Code, 1860 provide the punishment for voluntarily causing grievous hurt. In this regard, Section 100 of the IPC allows the right of private defence to the extent of causing death if there is an event of acid attack.
3. Rape: Rape is one of the most heinous atrocities committed on a woman in our society. Provisions of IPC are as follows:
   • 376 – Punishment for Rape
   • 376A – Punishment for causing death
   • 376B – Sexual Intercourse by Husband
   • 376C – Sexual Intercourse by Person in Authority
   • 376D – Gang Rape
4. Obscenity and Pornography: Obscenity and pornography have not been specifically defined under any Act in India. But IPC, 1860, IT Act, 2000 and the Indecent Representation of Women \ Prohibition) Act, 1986 deals with obscenity and pornography. These Acts have made publishing, transmission or sale of obscene and pornographic materials punishable offences under various provisions.
   • Sections 292,293,294,354,354A,354B,354C,509 of the Indian Penal Code, 1860.
   • Sections 66E, 67,67A, 67B of the Information Technology Act, 2000.
   • Section 6 of the Indecent Representation of Women \Prohibition) Act, 1986.
5. Domestic Violence: An Application can be filed to the Magistrate under Section 12 of the Domestic Violence Act, 2005.
6. Cruelty/Dowry demand: Complaint can also be filed under Section 498A for cruelty by the husband or his relatives along with demand for dowry. Section 304B was added to the Indian Penal Code, 1860 which made dowry death a specific offence

Helplines for Women in distress

Assam Police Helpline +91-9345215029, +91-361-2521242