Meanings of Some Keywords Used in The Article :-
- Non-Bailable offense – Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
- Cognizable offense – A police Officer may arrest the accused without a warrant.
- Non-Compoundable offense – Parties associated with the case cannot settle the case out of court and decide not to prosecute.
| IPC Section | Offence/ Crime | Punishment | Nature of Offence |
| IPC Section 354A
|
a) Sexual Harassing of a woman by unwelcome physical contact and advances or asking for sexual favours or showing pornography.
b) Making a sexually coloured remark
|
a) Jail term of upto 3 years or fine or both.
b) Jail term upto 1 year or fine or both
|
a) This is a Bailable, Cognizable offence and triable by any Magistrate.
b) This is a Bailable, Cognizable offence and triable by any Magistrate |
| IPC Section 294 | Whoever, to the annoyance of others:
a) Does any obscene act in any public place, or b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both
|
3 Months in Jail or Fine or Both.
|
This is a Bailable, Cognizable offence and triable by any Magistrate |
| IPC Section 354 D | Following a woman and contacting or attempting to contact a woman for personal interaction, despite a clear indication of disinterest by such woman;
Monitoring the usage by a woman of the internet, email or any other form o electronic communication, |
a) Upto 3 years jail term on first conviction or fine or both
b) Upto 5 years jail term on second conviction or fine or both |
a) This is a Bailable, Cognizable offence and triable by Any Magistrate
b) On second conviction, This is a NON-Bailable, Cognizable offence and triable by Any Magistrate |
| IPC Section 354C-Voyeurism | Watching, capturing or sharing images of a woman engaged in private acts, without her consent, when she does not expect so is a punishable offence. |
a) 1 to 3 years jail term + Fine for the first conviction.
b) 3 to 7 years jail term + Fine for second or subsequent conviction |
a) On first conviction, it is a bailable, Cognizable offence and triable by Any Magistrate.
b) On the second conviction, This is a NON-Bailable, Cognizable offence and triable by Any Magistrate |
| Section 67 of the IT Act, 2000 –Defamation | Publishing or transmitting inappropriate or defamatory content on a public online platform intending to harass a woman is a punishable offence. | a) Upto 3 years of jail term+ Fine for the first conviction.
b) Upto 5 years of jail term + Fine for second or subsequent conviction. |
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| IPC Section 354 | Assault or use of criminal force on a woman with the intention of outraging her modesty. | 1 To 5 years jail term + Fine | This is a NON-Bailable, Cognizable offence and triable by Any Magistrate |
| IPC Section 376 | Anyone who is found guilty of committing rape shall be punished with rigorous imprisonment. | 7 Years to imprisonment of life + Fine | This is a cognizable, non-bailable offence, triable by the sessions court. |
| Dowry Prohibition Act, 1961 | Demanding dowry directly or indirectly, from the parents or other relatives or guardian of a bride is a punishable offence | 6 months to 2 years jail term + Fine | This is a cognizable and non-bailable offence |
| IPC Section 304 B | If the death of a married woman is caused by any bodily injury, or occurs in other than normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to harassment by her husband or his relatives under demand for dowry, such death shall be called “dowry death”. | 7 years to lifetime jail term + Fine | This is a cognizable, non-bailable offence, triable by the sessions court. |
Laws Protecting Women against Domestic Violence, Act 2005 :-
“Domestic Violence”, as mentioned in the Act, covers all forms of physical, verbal and emotional abuse, sexual abuse and economic abuse. Domestic relationship implies a relationship between 2 persons who have lived together in a shared household and these people are:
- Though a relationship in the nature of marriage (which would include live-in relationships)
- Related by marriage.
- Through adoption.
- Family members living in a joint family.
- Related by consanguinity (blood relations).
Under all circumstances, the aggrieved woman (victim of domestic violence), shall have the right to reside in the shared household.
Protection Order from the Court :-
The Court may pass a protection order in favour of the aggrieved person and prohibit the respondent from –
(a) Committing any act of domestic violence.
(b) Aiding or abetting in the commission of acts of domestic violence.
(c) Entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person.
(d) Attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact.
(f) Causing violence to the dependants, of an aggrieved woman.
Monetary Reliefs :-
The Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred by the aggrieved person and any child of the same as a result of the domestic violence.
Laws Protecting Women – Penalty :-
Punishment for breaching court orders in this case, comprises upto 1 year jail term and fine.
The Sexual Harassment Of Women At Workplace Act, 2013 :-
- Sexual harassment at workplace is unwelcome verbal, visual or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment. Generally, sexual harassment is a sexually oriented conduct that may endanger the victim’s job, negatively affect the victim’s job performance or undermine the victim’s personal dignity.
- The Act also includes harassment of “domestic workers” (women who work in households).
Laws Protecting Women – Penalty :-
- In Case, an employer fails to comply with the provisions of the Act, he shall be liable to be punished with a fine which may extend to Rs. 50,000.
- In case of a second or subsequent conviction under this Act, the employer may be punished with twice the punishment prescribed or by the cancellation of his license or withdrawal of his registration.
Important Helpline Numbers Accessible All Over India :-
| Service | Number |
| Women Helpline | 1091 |
| Women Helpline – ( Domestic Abuse ) | 181 |
| National emergency Number | 112 |
| Deputy Commissioner Of Police – Missing Child And Women | 1094 |
| Children In Difficult Situation | 1098 |
| Police | 100 |
| Fire | 101 |
| Ambulance | 102 |
| Indian Railway Security Helpline | 1322 |
Laws Protecting Women & Children :-
| IPC Section | Offence/Crime | Punishment | Nature of Offence |
| IPC Section 363 A | a) Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging Note 1) Here, in case of a male child, a minor is a child under 16 years of age. 2) In case of a female child, a minor is a child under 18 years of age. b) Maiming a minor in order that such minor may be employed or used for purposes of begging. |
a) 10 years jail term + Fine b) Imprisonment for Life + Fine |
a) This is a cognizable, Non-bailable offence and triable by First Class Magistrate. b) This is a cognizable, Non-bailable offence and triable by Sessions Court. |
| IPC Section 370 | a) Trafficking of minor. b) Trafficking of more than one minor. c) The person convicted of offense of trafficking of minor on more than one occasion. d) A public servant or a police officer involved in trafficking of minor |
a) 10 years to Life + Fine b) 14 years to Life + Fine c) Imprisonment for Natural-Life + Fine d) Imprisonment for Natural-Life + Fine |
a) This is a cognizable, non-bailable offence, triable by Sessions court. b) This is a cognizable, non-bailable offence, triable by Sessions court. c) This is a cognizable, non-bailable offence, triable by Sessions court. d) This is a cognizable, non-bailable offence, triable by Sessions court. |
Laws Protecting Women & Children -The Child Marriage Restraint Act 1929 :-
- “Child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age ;
- “Child marriage” means a marriage in which either of the bride or bridegroom is a child,
- Offences under this Act are punishable with upto 3 years of imprisonment coupled with Fine.
- All offences under this Act are cognizable, non-bailable and triable by a First Class Magistrate.
The Protection of Children from Sexual Offences Act 2012 :-
- It strengthens the legal provisions for the protection of children from sexual abuse and exploitation.
- The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
- If found guilty, under this Act, the punishment ranges from 3 years to Life Time Imprisonment.
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 2003 :-
The act not only prohibits determination and disclosure of the sex of the fetus but also bans advertisements related to preconception and pre-natal determination of sex, thereby trying to curb the falling sex ratio in the country.
It regulates the use of pre-natal diagnostic techniques such as ultrasound. The sonographers are permitted to use ultrasound only for the following diagnostics:
- Metabolic disorders
- Genetic abnormalities
- Haemoglobinopathies
- Sex linked disorders.
- Chromosomal abnormalities
- Certain congenital malformations
Offences under this act fall under the category of non-bailable, cognizable and non-compoundable offences. The punishment for offences under this act ranges from 3 years in jail to Life time imprisonment coupled with Fine.
