Remember your rights against CRIMINAL FORCE & ASSAULT

So all of you know about these offences, heard of it in our day to day life but don’t know how to deal with it legally. Let’s discuss some of the legal points of these offences

Here’s the glimpse of what we can do:-

SECTIONS UNDER INDIAN PENAL CODE, 1860

• 354 – Assault or criminal force to women with intent to outrage her modesty.
• 354A – Sexual harassment.
• 354B – Assault or use of criminal force to women with intent to disrobe.
• 354C – Voyeurism
• 354D – Stalking

SECTION 354:Assault or criminal force to women with intent to outrage her modesty

Whoever assaults or uses criminal force to any woman:-

• Intending to outrage her modesty.
• Knowing it to be likely that he will thereby outrage her modesty.

Punishment: 1 year – extend to 5 year + fine

Classification: These are cognizable and non-bailable offences which can be tried by any magistrate.

BACKGROUND OF SEC 354A, 354B, 354C, 354D

Landmark judgement: Nirbhaya case (Delhi gang rape case 2012)

The 2012 Delhi gang rape and murder case involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighbourhood in South Delhi. The incident took place when Jyoti Singh, a 23-year-old female physiotherapy intern, was beaten, gang-raped, and tortured in a private bus in which she was travelling with her male friend. There were six others in the bus, including the driver, all of whom raped the woman and beat her friend. Eleven days after the assault she was transferred to a hospital in Singapore for emergency treatment but died two days later.

Six days after the incident, on 22 December 2012, the central government appointed a judicial committee headed by J. S. Verma, a former Judge of Supreme Court, to suggest amendments to criminal law to sternly deal with sexual assault cases.

The Cabinet Ministers on 1 February 2013 approved for bringing an ordinance, for giving effect to the changes in law as suggested by the Verma Committee Report. According to former Minister of Law and Justice, Ashwani Kumar, 90 percent of the suggestions given by the Verma Committee Report have been incorporated into the Ordinance. The ordinance was subsequently replaced by a Bill with numerous changes, which was passed by the Lok Sabha on 19 March 2013.

This new Act has expressly recognised certain acts as offences which were dealt under related laws. These new offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code.

The Criminal Law (Amendment) Ordinance, 2013 .This new Act has expressly recognised certain acts as offences which were dealt under related laws.

SECTION 354A: Sexual Harassment

Only protects women. Provisions are:

1. Physical contact and advances involving unwelcome and explicit sexual overtures; or
2. A demand or request for sexual favours; or
3. Forcibly showing pornographys; or
4. Making sexually coloured remark; or
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Punishment: Rigorous imprisonment up to 3 years, or with fine, or with both in case of offence described in clauses (i), (ii) or (iii)

Imprisonment up to 1 year, or with fine, or with both in other cases.

Classification: These are cognizable and bailable offences which can be tried by any magistrate

Bonus Point: In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted to provide protection to women against sexual harassemnt at workplace and for the prevention and redressal of complaints regarding the matter of sexual harassment or any such incident thereto.

SECTION 354B: Assault or use of criminal force to women with intent to disrobe.

Only protects women against anyone who:-

• Assaults or uses criminal force to any woman, or
• Abets such act with the intention of disrobing or compelling her to be naked.

Punishment: Imprisonment 3yr – extend to 7yr & with fine.

Classification: These are cognizable and non-bailable offences which can be tried by any magistrate.

SECTION 354C: Voyeurism.

Only protects women. The prohibited action is defines,

Watching or capturing a woman in “private act”, which includes:-

• An act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and
• Where the victim’s genitals, buttocks or breasts are exposed or covered only in underwear; or
• The victim is using a lavatory; or
• The person is doing a sexual act that is not of a kind ordinarily done in public.

Punishment: 1^st conviction, imprisonment 1year – Extend to 3years + fine, and

2^nd or subsequent conviction, imprisonment of either description for a term 3yr – extend to 7yr + fine.

Classifcation: 1^stconviction – cognizable and bailable offences, which can be tried by any magistrate.

2^ndconviction- cognizable and non-bailable offences, which can be tried by any magistrate.

Note : where there is consent of victim in capturing image or any act but not for their distribution to third party. Such distribution shall be considered as offence.

SECTION 354D: Stalking

Only protects women from being stalked by men. The prohibited action is defined thus:

• To follow a woman and contact, or
• Attempt to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
• Monitor the use by a woman of the internet, email or any other form of electronic communication.

Exception:

• If, it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
• If, it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
• If, in the particular circumstances such conduct was reasonable and justified.

Punishment: 1^st conviction, imprisonment upto 3year + fine, and

2^nd or subsequent conviction, imprisonment upto 5yr + fine.

Classification: 1^stconviction – cognizable and bailable offences, which can be tried by any magistrate.

2^ndconviction- cognizable and non-bailable offences, which can be tried by any magistrate.