Sexual Harrasment & Rape Cases Lawyer in Delhi / india
Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim, and therefore a rape victim is placed on a higher pedestal than an injured witness. Rape is a crime against the entire society and violates the human rights of the victim. Being the most hated crime, rape tantamount to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks.‘Rape' under the Indian Penal Code has been divided into two parts under as follows:
- non-consensual penetration of any orifice (vagina, anus, mouth, urethra) in a woman by a man, OR,
- non-consensual touching of any orifice with the mouth. This is not restricted to having sex. Forcing a woman to do this to herself, or with someone else, is also rape.
- If the Act took place without her consent, or
- If she had agreed only because she, or someone she knows was in danger, or
- If she had agreed, because she was under the impression that the accused person is her husband, or
- If she had agreed, but she was under the influence of drugs, or alcohol, or mentally ill, or
- If she was under 18 years of age - then it does not matter if she gave consent or not, or
- If she was in no position to indicate whether she is giving consent or not - for example, if she is unconscious.
Section 375. Defines‘Rape’ as: A man is said to commit “rape” if he—
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
- applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
Secondly— Without her consent.
Thirdly— With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
Fourthly— With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly— With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly— With or without her consent, when she is under eighteen years of age.
Seventhly— When she is unable to communicate consent.
Explanation 1— For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2— Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1— A medical procedure or intervention shall not constitute rape.
Exception 2— Sexual intercourse or sexual acts by a man with his own wife, the wife not being underfifteen years of age, is not rape.
The punishment for Rape and other related offences are as under:
| Section | Offence | Punishment | Cognizable / Non - Cognizable | Bail |
|---|---|---|---|---|
| 376 | Rape Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. Persons committing offence of rape on a woman under sixteen years of age. Persons committing offence of rape on a woman under twelve years of age. | Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine or Death | Cognizable | Non-bailable |
| 376A | Punishment for causing death or resulting in persistent vegetative state of victim | Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life or Death | Cognizable | Non-bailable |
| 376B | Sexual intercourse by husband upon his wife during separation | 2 to 7 years + Fine | Cognizable (On complaint of Victim) | bailable |
| 376C | Sexual intercourse by a person in authority | Rigorous Imprisonment for 5 to 10 years + Fine | Cognizable | Non-bailable |
| 376D | Gang rape Gang rape on woman under sixteen years of age Gang rape on woman under twelve years of age |
Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine paid to the victim Imprisonment for Natural-Life + Fine Imprisonment for Natural-Life + Fine or Death |
Cognizable | Non-bailable |
| 376E | Punishment for repeat offenders | Imprisonment for Natural-Life or Death | Cognizable | Non-bailable |
| 377 | Unnatural Offences | Imprisonment for life, or imprisonment for 10 years + Fine | Cognizable (Non – compoundable) |
Non-bailable (Triable by Magistrate of First Class) |
SEXUAL HARASSMSENT
Section 354: Assault or use of criminal force to any woman, intending to outrage or knowing it to be likely that modesty would be outraged. This section provides protection to women from any sort of assault with an intention to outrage the modesty of the female. Such a person shall be punishable with an imprisonment for a term which may extend to two years, or with fine, or with both. This section protects all females form any sort of assault or criminal force which would outrage their modesty.Section 354 A: This section was not present in the Code initially but was incorporated by an amendment. This section makes sexual harassment an offence and also defines it. The section says that if a man commits any of the following acts including:
- a physical contact and advances involving unwelcoming and explicit sexual overtures or
- a demand or request for sexual favours or
- showing pornography against the will of a woman
- making sexually coloured remarks then such a person is considered to be guilty of the offence of sexual harassment.
Offence (iv) is punishable with simple/rigorous imprisonment for a term which may extend to one year, or with fine, or with both. Section 354B (Assault or us of criminal force to woman with intent to disrobe): Assault or use of criminal force to any woman or abetment of such act with the intention of disrobing to compelling her to be naked.
Simple/Rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and fine.
Section 354 C: Voyeurism- Watching, or capturing the image of a woman engaging in a private act in circumstances where she would usually have the exception of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image.
First Conviction: Simple/Rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years, but which may extend to three years, and fine.
Second or subsequent Conviction: Simple/Rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and fine.
Section 354 D: Stalking- Following a woman and contacting or attempting to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or Monitoring the use by a woman of the internet, email or any other form of electronic communication.
First Conviction: Simple/Rigorous imprisonment for a term which may extend to three years, and fine.
Second or subsequent conviction: Simple/ Rigorous imprisonment for a term which may extend to five years and fine.
509: Insulting the modesty of a woman- Uttering any word, making any sound or gesture, or exhibiting any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by a woman, with an intention to insult her modesty, or intruding upon the privacy of such woman.
Punishment prescribed under law is Simple imprisonment for a term which may extend to three years, and fine
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
The Act defines a child as a human under the age of eighteen (18) years of age as per section 2 (d). It revolves around the biological age of the child and remains silent on the mental age. The act was enacted keeping in mind the best interest and well-being of the children as well as to ensure the healthy emotional, physical, social and intellectual development of the children in the society.
The Act recognizes all forms of penetration along with penetrative sexual assault and criminalizes acts of immodesty against children. That is, there are a total five type of sexual offences which have been covered under this POSCO Act; Section 3: penetrative sexual assault, section 5: aggravated sexual assault, section 7: sexual assault, section 9: aggravated sexual assault and section 11: sexual harassment.