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Changes in the provisions of IPC concerning women safety after Nirbhaya case
Changes in the provisions of IPC concerning women safety after Nirbhaya case
Safety of women in our society has always been a point of concern. From ancient times, women have been very vulnerable and considered weak. When India got Independence, there were very limited laws which can provide protection and maintain the dignity of a women. And women continued to tolerate the insolent behaviour of this patriarchal society. There were many petty sexual offences other than rape (specified under section – 375 of IPC) such as whistling a girl in public, touching her clothes, blocking her road, etc. These things were so common in the society, that it doesn’t seem wrong to the peoples.
There was no effective law for the acts which seems petty in nature against women but has a greater impact on women. There was only one provision under IPC earlier i.e. Section 354 – Outraging the modesty of a woman, which covers all these petty offences. Also, it was bailable which means that the accused can get the bail easily. The police also cannot do anything as the law itself was not strict.
But in last 10 years, women safety has gained a lot of attention especially after the infamous Nirbhaya case, where a girl was brutally raped by six men and was left stark naked on the road. This rape case was so barbaric that thousands of people especially females came on road and asked for a real justice. This protest forced the government to change the legislation and make it more secure for women.
Subsequently, there was a Criminal Law (Amendment), 2013, which were made stringent in relation with women safety. Meaning of some terms redefined and six new sections were added out of which four sections were attached in section 354 of IPC which are Section – 354 A, Section - 354 B, Section - 354 C, Section - 354 D.
Section 354 of Indian Penal Code is “Assault or criminal force committed on a woman with the intention to outrage her modesty”. It reads like:
“Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Here the term ‘Assault’ means attacking someone sexually. It includes both physical attack and verbal attack and also gestures.This provision only protects the women of the country. It becomes sturdy after it was changed to cognizable (police can arrest the accused without warrant) and non-bailable (accused cannot get bail from police) offence.
Section 354 becomes impregnable after the inclusion of these four more peculiar offences under it. These are as follows:
- Section 354 A – Sexual Harassment and punishment for sexual harassment
“A man committing any of the following acts-
- Physical contact and advances involving unwelcome and explicit sexual overtures; or
- A demand or request for sexual favours; or
- Showing pornography against the will of a woman; or
- Making sexually coloured remarks.
Shall be guilty of the offence of sexual harassment.”
If any person does any of the first three offences then he/she will be punished with rigorous imprisonment which may extent to three years or fine or both and for the fourth offence the imprisonment can extend up to one year or fine or both. It is a cognizable offence and is bailable and can be tried before magistrate. Sexual Harassment is a crime which is not only against the women but is against the public morals and decent behaviour.
- Section 354B- "Assault or use of criminal force to woman with intent to disrobe"
“Any man who assaults or uses criminal force to any woman or abets such act with an intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.”
This section becomes more stringent by making it a cognizable and non-bailable offence. Clearly, if a man intent to disrobe(undress) women, he will be punished under this section and can be tried against any Magistrate.
- Section 354 C – "Voyeurism"
“Any man who watches, captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.”
The section further describes the meaning of the term ‘private acts’ i.e. the act of watching carried out in a place which reasonably considered private and provide privacy. Also, if the consent given by the victim to capture images but not to disseminate to any third person, and if anyone does then it is also considered as an offence. It is a cognizable and bailable offence and if someone repeats, it becomes non-bailable offence and can be tried before any magistrate.
4. Section 354 D - "Stalking"
“1. Any man who-
- Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
- Monitors the use by a woman of the internet, email or any other form of electronic communication,
Commits the offence of stalking”
Provided that the if such conduct was to prevent or to detect crime entrusted with the same responsibility or pursued under the law or is found reasonable or justified, then it will not amount to stalking.The punishment for committing this offence is imprisonment, can be extend to three years and also with a fine which is cognizable and bailable offence and if it repeats then imprisonment which can be extend to five years with fine.
