The CrPC and IPC have been amended to curb crime against women, perpetrated by strangers and domestic violence.
S.304-B was incorporated in the IPC where if the death of a women is caused by any burns or bodily injury, or occurs otherwise in unnatural circumstances, within seven years of her marriage, in connection with any demand for dowry, such death shall be called a “dowry death”, and the husband or relative shall be deemed to have caused her death, and is punishable with imprisonment for not less than seven years.
Chapter-XXA which contains Section-498A was inserted in the Indian Penal Code on December 25, 1983 to deal with cruelty by husband or his relatives likely to drive a woman to commit suicide or to cause grave injury or danger to life or harassment to a woman to coerce her to meet any unlawful demand for property. For such offence, the offender is liable to be punished with imprisonment.
Section 113-A and Section 113-B have been incorporated in the Indian Evidence Act, 1872. Section 113-A provides that if a married women commits suicide within seven years of marriage; and it is shown that her husband and his relatives subjected her to cruelty, then the court may hold that such suicide has been abetted by the husband or such relative of her husband.
Section 113-B provides that when the question is whether a person has committed the dowry death of a women, and it is shown that soon before her death such woman had been subjected by such person to cruelty or, harassment for demand for dowry, the court shall presume that such person had caused the dowry death.
Section 228-A was incorporated in the IPC from December 25, 1983 whereby the disclosure of the identity of a victim of rape under Section-376, 376-A, 376-B, 376-C and 376-D was made punishable with imprisonment and fine.
Section 376-A of the Indian Penal Code, 1860 provides that if a man has sexual intercourse with his own wife, without her consent, if she is living separately from him under a decree of separation, or under any custom or usage, then he shall be punished with imprisonment which may extend to two years and fine.
Section 376-B of the Indian Penal Code, 1860 provides for imprisonment of a public servant who takes advantages of his official position and induces or seduces any woman, who is in his custody to have sexual intercourse with him. Such sexual intercourse is not amounting to the offence of rape.
Section 376-C of the Indian Penal Code, 1860 provides for imprisonment of a superintendent / manager of jail / remand home / or other place as specified in the Section, if he induces or seduces any female intimate of the jail, remand home, place of institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape.
Section 376-D of the Indian Penal Code, 1860 provides that if any member of the management or staff of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, not amounting to rape, shall be punishable with imprisonment.
Section 114-A of the Indian Evidence Act, 1872 provides that in a prosecution for rape under Section 376 of Indian Penal Code, where sexual intercourse is proved and the question is whether it was without the consent of the woman alleged to have been raped, and she states in her evidence before the court that she did not consent, the court shall presume that she did not consent.
Section 160 (I) CrPC requires the witnesses to attend the police station as is required by the Investigation Officer. But Clause (2) thereof provides an exemption from such requisition, for women and males under the age of fifteen years. The Investigating Police Officer has to go to the place of residence where the woman resides to gather information from her. Thus, a woman cannot be compelled to visit police station as a witness.
Section 327 has been incorporated in the criminal procedure code which provides for in camera proceedings for rape and sexual offences, and prohibits publication of such proceedings without previous permission of the court.
Section 46 of the CrPC was amended in 2005, which provides safeguards for women in terms of bar on arrest after sunset, and before sunrise, except in exceptional circumstances.
The Constitution of India contains various provisions, which provides for equal rights and opportunities for both men and women.The Protection of Women from Domestic Violence Act was passed in 2005 to provide civil remedies to women in abusive / violent relationship and to empower Magistrates to grant protection orders to victims of domestic violence and provide other relief.
There has been a strong criticism against women in urban cities who have indiscriminately invoked penal provisions of Section 4980-A and Section 406 IPC and the Dowry Act, against an estranged husband and his relatives, for maintenance etc. However, despite misuse of these provisions in some cases, nevertheless these have enhanced the bargaining capacity of women in reaching for better settlements, which was not earlier when women would be thrown out of the matrimonial home, and would be reduced to destitution.
The Supreme Court, while exercising powers under Article 141 of the Constitution of India, has framed guidelines with respect to sexual harassment at the work place. Sexual harassment of working women amounts to violation of the right to equality and right to life and liberty, and hence is violative of the right to practice any profession, occupation or trade under Article 14, 15, 19(i) (g) and 21 of the Constitution.
The Supreme Court defined the term “sexual harassment” to include such “unwelcome sexually determined behaviour (whether directly or by implication) as : Physical contact and advances; demand or request for sexual favours ; sexually coloured remarks ;showing pornography ;any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
That there are a whole gamut of sexual abuses which cannot be excluded from the purview of rape, such as non penetrative sex; insertion of objects and other body parts; oral sex and sodomy etc.
Section 375 provides that; “Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.” This came in for interpretation in various cases that even the slightest penetration is sufficient to make out an offence of rape, and the depth of penetration is irrelevant.
(Dr Maharana is faculty member, Jeypore law College, Jeypore Mob: 9438170563)