LEGAL PROVISIONS FOR WOMEN IN IPC

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To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women. Although women may be victims of any of the crimes such as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women, are characterized as 'Crime against Women'. These are broadly classified under two categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

(i) Rape (Sec. 376 IPC)

(ii) Kidnapping & Abduction for different purposes (Sec. 363-373)

(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)

(iv) Torture, both mental and physical (Sec. 498-A IPC)

(v) Molestation (Sec. 354 IPC)

(vi) Sexual Harassment (Sec. 509 IPC)

(vii) Importation of girls (up to 21 years of age)

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Nature and Framework of Crime

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Hello friends here is one another article related to criminal law. The concept of crime was already described in this blog in which definition were also discussed. In this blog the detailed nature of crime is discussed. This blog is only for study purpose and for legal advice you must contact us trough the contact form at the bottom of this blog page.

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Crime is a changing concept dependent upon the social development of people that is upon the fundamental interest and values dominating their common beliefs. But as the time passed by and humans started to regularise themselves the Nature and Definition of crime became clearer.

Four main frameworks of a crime:

a) Crime as a social construction: - this poses a difficulty for creating a general definition of crime as it varies across cultures. For terms of Sec. 377 of IPC were decriminalised due to the changing in the minds of the public in general and all the people it was effecting. Also like the prohibition of alcohol drinking or smoking at certain places, the coalition of the public is necessary.

b) Crime as defined by religious doctrine or authority: - It creates conflicts between religions as well as between society and religion. Even in modern day society, a crime can be defined as an action that goes against the law of God at some places.

e.g. i) Sharia Law in Middle East,

e.g. ii) In Saudi Arabia, a woman driving is a crime and even though this law is absurd, that is the law.

e.g. iii) Honor killings and domestic abuse are examples of behaviour, which may be sanctioned within a particular religion but would disagree with basic state law, most commonly in westernized societies.

c) Crime defined by the law of a particular nation or state: - an act can only be defined as criminal in accordance to the laws of the state in which it was committed. This creates a difficulty in defining crime as what may be considered a criminal action in one state or country may not be viewed the same way in another.

There is a division created by the morals that tends the government to make rules which outlaws certain acts which wouldn’t have been a crime otherwise. 

e.g. i) Adultery is an offence in India under Section 497 of IPC but, it is no offence in America, it is civil wrong in England.

e.g. ii) Selling liquor in Maharashtra is legal whereas is a crime in Gujarat.

e.g. iii) Kerela has no restrictions on cow slaughter but cow slaughter in Andhra Pradesh and Telengana is a crime.

e.g. iv) The non-violent drug offences are considered as crimes because it is declared by the government. Indeed it wouldn’t be a crime the government didn’t categorise drugs something as illegal.

d) Crime is of individualistic responsibility and varies from time to time, so places blame on individuals rather than the systems they are contained within. However, by viewing crime in relation to social and political theory it is possible to look at the causes of a person’s behaviour, which may render them irresponsible for their actions, and also to define actions as crimes, which may not be considered so within the society itself. The nature of the crime changes from time to time as per the requirements of the present generation society.

e.g. i) during the reign of Hitler in Nazi Germany, the systematic slaughter of the Jewish race was not considered criminal; however, when viewed in retrospect, the Holocaust is considered to be the ‘greatest crime in history’. But during the trial only a small number of officers were named as personally responsible, because it was decided that many of those involved could not be charged as they were simply following the instructions issued to them by their superiors and so did not willingly commit the crimes.

e.g. ii) Similarly, the practice of ‘Sati’ prevailing in the primitive society is now strictly prohibited and is punishable.

Thus it can be concluded that no action in itself is criminal; it is the consequences that follow which define it as being so. An act cannot be classed, as a crime until the offender is caught and punished, in the absence of a public authority to do so, there is no crime.

The nature of crime is changing due to the changes in the society and the environment. The very definition of crime depends upon the values of a given society.

The changing nature of crime:

The changes have been noticed that people who did not committed crime, due to the availability of knowledge and technology are tempted to commit crime seeing how easily it can be done and various ways of avoiding to get caught.

Drug dealing which used to be done face to face in the middle of street with the fear of getting busted now can be done online with just some clicks of a keyboard.

Distance is just a number now with various means of transport are available a wrongdoer can easily commit a crime in one city and move to another city in hours.

The lack of interaction among people, not knowing who actually lives next door makes it easy for perpetrators to find their targets and commence their activities.

With such changing happening in the nation the police authorities are also required to change their methods of tracking the criminals and increase their technical ability. With the criminals being smart the authorities are required to be smarter.

Criminals are adapting to the measures taken by the police authorities.

Local gang members have noticed that they can make more money, with less risk of getting caught and smaller penalties if they do get caught, by using technology.

Human being & Crime

Hello my reader friends. This is one more blog in the series of "Criminal law" blogs. This blog is intended only for study purpose hence if you need a legal help please message us using the contact form at the bottom of this page.

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The first essential of Crime is that it must have been committed by a human being. There are two parties involved in every crime:

i) The wrong doer – the wrong doer must be a human being.

ii) aggrieved/injured/deceased – the victim who may be considered as aggrieved or injured or deceased must also be a human being.

In order to establish an act as a crime against a person, the involvement of certain parties is essential.

The Perpetrator is the person who actually commits the crime/ offence. If there are more than one person involved then it is known as “co-perpetrators.” To be involved in a crime it is not necessary to be directly being involved in the crime. There can be other, non-participating “parties to a crime.”

The victim is the one against whom the crime actually took place. There can be multiple victims for an act by one or more perpetrators.

e.g. (i) If a person uses the internet to commit crimes is considered as cyber-crimes. For example hacking into other’s accounts or systems, identity theft, sharing or downloading pirated data, pornography etc. all are considered as cyber-crime. Anyone using the internet can be a victim to an act of cyber-crime.

e.g. (ii) If a person is involved in taking the life of some other person willingly with a guilty intent then it is a crime as it is covered under the definition of Murder or Culpable Homicide under.

e.g. (iii) In a case where X person shoots another person Y, resulting in his death, such a situation cannot be covered under the definition of crime as the action of the X are not criminal but necessary as per the circumstances for self-defence.

Also the nature of the world or of human beings underlies the standards of morality or constructs them. Thomas Aquinas wrote in the 13th century: "the rule and measure of human acts is the reason, which is the first principle of human acts". He regarded people as by nature rational beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature. Thus this is we the human beings who can commit a crime and make punishments for it no other animal can do this.

You can read this book for more knowledge.

Exceptions: In ancient world animals were also punished for committing crimes by throwing stones on them or beating them. Now a days for any act committed by an animal, the owner of such animal is held liable as the owner is subject to civil/tortious liability as per Scienter Rule.

If a person is committing a crime against animals specifically wild animals, then such person is punished under the provisions of the Wild Life (Protection) Act, 1972; because the wild animals are protected under the Act and they form part and parcel of the environment. This Act is exception to this element of the crime because it is deemed that crime with animals is crime with environment.

Concept of Crimes

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Hello friends. This is my blog regarding the Law of Crimes. It is the introduction and can be asked in exams to write notes atleast for 5 marks and detailed description for 8 to 10 marks as per your paper pattern. Sometimes it may comprise of a long question of 16 to 20 marks. The underlined part of this article is minimum requirement to be written in the exam.
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Concept of crimes: -

Crime denotes an unlawful act punishable by state. There is no simple and universal definition of crime but statutory definitions have been provided for certain purposes.

Crime may be simply defined as, “A crime or offence or criminal offence is an act harmful not only to some individual or individuals but also to a community, society or state, i.e. a public wrong.”

An act of public wrong is forbidden and punishable by law, e.g. acts of murder, rape, theft are forbidden and punishable by law worldwide.The State or Government has the power to severely restrict one’s liberty for committing a crime.

An act to be classified as a crime, the “act of doing something criminal” (actus reus) must be accompanied by the “intention to do something criminal” (mens rea). While every crime violates the law, not every violation of the law counts as a crime.

Unlike torts, crime is not just a wrong against an individual but is also a wrong committed against the society or a public wrong.

It is not a case of differences between two parties but is a case between the wrongdoer and the state.

The idea of the need for punishment is a common element to defining crime; however it may also include any action or omission which causes harm to person or property or in any way violates the criminal law. 

Meaning:

Wrong takes place in two ways.

(a) by commission of an act, i.e. commission, e.g. killing a person by giving or administering poison or by a negligent surgical operation.

(b) or by omission of an act, i.e. omission, e.g. killing a person by not giving food or by omitting to give medical aid on time.

The wrongs may be broadly categorised under two heads

            (i) Private wrongs: Private wrong causes injury to individual or group of individuals, e.g. private nuisance; and the injured or aggrieved can approach the Civil court for the relief or redressal.

            (ii) Public wrongs: Public wrong causes injury to society or community or public as whole. It is pursued by the State or its subordinate authorities viz. Police, Criminal courts, Prison, Disciplinary authorities etc.

Crime is a public wrong. It is an offence against the community or society as a whole. It causes the treat to social security and creates social disorder, e.g. Murder, Rape, Theft, Robbery, Forgery etc. In Indian Penal Code and in entire judiciary system of India the word “offence” is used instead of word “crime”.

As there is no satisfactory definition of crime it is not defined in the Indian Penal Code (IPC or Code for short). According to Section 40 of Code, the word “offence” is an act Punishable by the Code. As stated earlier the offence takes place either by commission or by omission of an act. Thus all acts and omissions, which are described as offences under the Code, are crimes and are punishable under the Code.

Crime is the public wrong in the sense, any member of the public can institute the criminal proceedings against the person accused of an offence.

Definition: 

Here are the definitions by some law scholars around the world.

The most commonly accepted definition of crime is ‘an act that is capable of being followed by criminal proceedings’.

Blackstone’s definition: - Crime is defined as “an act committed or omitted in violation of Public law forbidding or commanding it.”

Blackstone does not intend to suggest that crimes violates no other rights besides public ones, obviously every theft violates some private right of property. It can be expressed more clearly as “A crime is a violation of a right, considered in reference to the evil tendency of such violation as regards the community at large.”

Definition by Sir James Stephen: Crime is an act, which is both forbidden by law and revolting to the moral sentiments of the society.

Definition by Kenny: Crimes are wrongs whose sanction is punitive and in no way remissible by any private person, but is remissible by the Crown alone, if remissible at all.

Nature of Crime:

Crime is an act or omission forbidden or prohibited by law.

It varies from place to place, e.g. Adultery is an offence in India under Section 497 of IPC but, it is no offence in America, it is civil wrong in England.

It changes from time to time, e.g. consumption of alcohol is an offence, if it is prohibited by state and is no offence it the prohibition is lifted.

Similarly, the practice of ‘Sati’ prevailing in the primitive society is now strictly prohibited and is punishable.

Amendments of IPC

The Indian Penal Code was amended 77 times and the details of these amendments are as follows

1 The Repealing Act, 1870
2 The Indian Penal Code Amendment Act, 1870
3 The Indian Penal Code Amendment Act, 1872
4 The Indian Oaths Act, 1873
5 The Indian Penal Code Amendment Act, 1882
6 The Code of Criminal Procedure, 1882
7 The Indian Criminal Law Amendment Act, 1886
8 The Indian Marine Act, 1887
9 The Metal Tokens Act, 1889
10 The Indian Merchandise Marks Act, 1889
11 The Cantonments Act, 1889
12 The Indian Railways Act, 1890
13 The Indian Criminal Law Amendment Act, 1891
14 The Amending Act, 1891
15 The Indian Criminal Law Amendment Act, 1894
16 The Indian Criminal Law Amendment Act, 1895
17 The Indian Penal Code Amendment Act, 1896
18 The Indian Penal Code Amendment Act, 1898
19 The Currency-Notes Forgery Act, 1899
20 The Indian Penal Code Amendment Act, 1910
21 The Indian Criminal Law Amendment Act, 1913
22 The Indian Elections Offences and Inquiries Act, 1920
23 The Indian Penal Code (Amendment) Act, 1921
24 The Indian Penal Code (Amendment) Act, 1923
25 The Indian Penal Code (Amendment) Act, 1924
26 The Indian Criminal Law Amendment Act, 1924
27 The Workmen's Breach of Contract (Repealing) Act, 1925
29 The Obscene Publications Act, 1925
29 The Indian Penal Code (Amendment) Act, 1925
30 The Repealing and Amending Act, 1927
31 The Criminal Law Amendment Act, 1927
32 The Repealing and Amending Act, 1930
33 The Indian Air Force Act, 1932
34 The Amending Act, 1934
35 The Government of India (Adaptation of Indian Laws) Order, 1937
36 The Criminal Law Amendment Act, 1939
37 The Offences on Ships and Aircraft Act, 1940
38 The Indian Merchandise Marks (Amendment) Act, 1941
39 The Indian Penal Code (Amendment) Act, 1942
40 The Indian Penal Code (Amendment) Act, 1943
41 The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948
42 The Criminal Law (Removal of Racial Discriminations) Act, 1949
43 The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949
44 The Adaptation of Laws Order, 1950
45 The Repealing and Amending Act, 1950
46 The Part B States (Laws) Act, 1951
47 The Criminal Law Amendment Act, 1952
48 The Repealing and Amending Act, 1952
49 The Repealing and Amending Act, 1953
50 The Code of Criminal Procedure (Amendment) Act, 1955
51 The Adaptation of Laws (No.2) Order, 1956
52 The Repealing and Amending Act, 1957
53 The Criminal Law Amendment Act, 1958
54 The Trade and Merchandise Marks Act, 1958
55 The Indian Penal Code (Amendment) Act, 1959
56 The Indian Penal Code (Amendment) Act, 1961
57 The Anti-Corruption Laws (Amendment) Act, 1964
58 The Criminal and Election Laws Amendment Act, 1969
59 The Indian Penal Code (Amendment) Act, 1969
60 The Criminal Law (Amendment) Act, 1972
61 The Employees' Provident Funds and Family Pension Fund (Amendment) Act, 1973
62 The Employees' State Insurance (Amendment) Act, 1975
63 The Election Laws (Amendment) Act, 1975
64 The Criminal Law (Amendment) Act, 1983
65 The Criminal Law (Second Amendment) Act, 1983
66 The Dowry Prohibition (Amendment) Act, 1986
67 The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988
68 The Prevention of Corruption Act, 1988
69 The Criminal Law (Amendment) Act, 1993
70 The Indian Penal Code (Amendment) Act, 1995
71 The Information Technology Act, 2000
72 The Election Laws (Amendment) Act, 2003
73 The Code of Criminal Procedure (Amendment) Act, 2005
74 The Criminal Law (Amendment) Act, 2005
75 The Information Technology (Amendment) Act, 2008
76 The Criminal Law (Amendment) Act, 2013 13
77 The Criminal Law (Amendment) Act, 2018

IPC - one liners

1. IPC section 309 deals with unsuccessful attempt of suicide.

2. The unsuccessful attemp of suicide is punishable with imprisonment up to one year or with fine or with both.

3. IPC section 497 deals with adultry.

4. Section 497 gave protection for a woman for doing adultry.

5. Section 497 was unanimously struck down on dt. 27.9.2018 by a five  judges bench in the matter of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women.

6. Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder), 305 (abetting suicide), 364A (kidnapping for ransom), 364A (banditry with murder), 376A (rape) have death penalty as punishment.

7. Modern crimes involving technology unheard of during Macaulay's time fit easily within the Code mainly because of the broadness of the Code's drafting.

8. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC while commemorating 150 years of IPC.

9. Section 420 covers cheating and con men are called 420.

10. Section 302 covers the death penalty.

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Unnatural Offences (Sodomy) - Section 377

Facts - Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section of IPC.

Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same sex individuals.

On 11 December 2013, Supreme Court of India over-ruled the judgment given by Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality". The Bench said: "We hold that Section 377 does not suffer from ... unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati."

On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same sex relations on 6 September 2018. The judgement of Suresh Kaushal v. Naz Foundation is overruled.

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