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Legal provisions related to sexual offences against Women

 Legal provisions related to sexual offences against Women

If the purpose is to 'outrage her modesty,' the law (Section 354 IPC) makes it a specific offence to use force against a woman, or even threaten to use force. It takes it more seriously than ordinary and criminal force, allowing police to make arrests without a warrant for such offences.

The term 'outraging modesty' is not defined in the law. Courts normally make this decision after considering all of the circumstances surrounding the incident. The Supreme Court defined'modesty' as feminine decency and a virtue that women have because of their gender.

A fine imposed in addition to a sentence of one to five years in prison.

It's important to note that the victim's modesty isn't enough. It is only an offence if the accused planned or knew that the activities in question were likely to offend the victim's modesty.

For example, when playing Holi, Ramesh pulls Nina's garments and rips her T-shirt apart. It's only a crime if Ramesh knew or should have known that his actions would offend Nina's modesty.

Harassment of a sexual nature

Sexual harassment is defined under (Section 354A IPC) as:

  • Unwelcome physical contact or touching

  • Demanding or asking for sex or any other form of sexual activity

  • Making sexually suggestive statements

  • displaying sexual material, such as films, magazines, and books

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act and Rules 2013 is a separate law that deals with sexual harassment in the workplace. The basic criminal code (the Indian Penal Code or IPC) contains provisions that are distinct from the particular law on sexual harassment:

The IPC does not just apply to workplace sexual harassment; it also applies to harassment that occurs elsewhere.

If you have been sexually harassed, the IPC allows you to submit a criminal complaint, while the special law allows you to seek civil remedies and damages through your office administration.

The first three types of sexual harassment carry a three-year sentence, whereas the fourth (making sexually coloured remarks) has only a one-year sentence.
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