Download MBBS (Bachelor of Medicine and Bachelor of Surgery) Sexual offences PowerPoint PPT presentation
Dr. Vinod Kumar,
Prof. & HOD,
Forensic Medicine,
TMMC&RC
Sexual offences
Sexual offences are criminal forms of human sexual behavior
Or may be defined as
Sexual intercourse or sex related acts performed in a way which is
against the provision of the Law of the Land
Sexual offences are categorized into 3 types
1. Natural sex offences
2. Unnatural sex offences
3. Sex linked offences ( sexual perversions)
Natural sex offences
Sex offences which are performed in the order of nature
i.e.
Offences involving natural penile-vaginal penetration
1. Rape
2. Intercourse by a man with his own wife during separation
3. Intercourse by a public servant with a woman in his custody, not amounting to rape.
4. Intercourse by the superintendent of a jail, remand home etc., with a female inmate of
the same place, not amounting to rape.
5. Intercourse by any member of the management staff of a hospital, with any woman in
that hospital, not amounting to rape
Offences involving natural penile-vaginal penetration
Continued
? 6. Adultery ( Now it is not a criminal offence)
? 7. intercourse by a man deceitfully inducing a belief of future marriage.
? 8. Incest ( This as such not an offence in Indian Law but is so in many
countries).
? Note- Conditions described between no. 2 and no. 8 without any specific
condition , does not amount to rape., but punishable offence
Unnatural sex offences
? These are sexual offences where intercourse is performed against the
order of nature
? i.e.
? act does not involve penetration of a woman's vagina by the penis of
a man
Types of Unnatural sex offences
1. Sodomy or anal coitus
2. Buccal or oral coitus
3. Lesbianism or tribadism
4. Bestiality
Sex linked offences
1. Indecent assault :-
IPC 354-- Use of criminal force against a woman with intention or knowledge to
outrage her modesty--
Punishment-simple or rigorous imprisonment up to 2years or fine or with both
-----------------------------------------------------------------------------------
As per The Criminal Law (Amendment) Act, 2013
Punishment- minimum 1 year but may extend to 5 years and shall also liable to fine
Further new sections were inserted
354 A - sexual harassment- sub sections-
(i) physical contact
(ii) demand for sexual favours
(iii) showing pornography against the will of the woman
(iv) making sexually coloured remarks
Punishment
clause(i), (ii), (iii)--Rigorous imprisonment up to 3 year, or fine or with both
Clause (iv) ? Imprisonment up to 1 year, or fine or with both
Indecent Assault
continued
354 B ? disrobing or compelling woman to be naked. (3-7 yrs.)
and shall also liable to fine
354 C ? Voyeurism- 1st conviction (1-3 yrs.), 2nd conviction (3-7yrs.)
and shall also liable to fine
354 D ? Stalking ? 1st conviction ( up to 3 yrs.) 2nd conviction ( up to 5 yrs.)
and shall also liable to fine
SEXUAL PERVERSIONS
? Sexual Perversion--
? ( Sexual Paraphilia/ sexual deviation)
defined as sexual activity or fantasy directed towards orgasm or achievement of
sexual gratification by means other than natural sexual intercourse
Most common perversions:-
- Exhibitionism
- Sadism
- Lust murder
- Masochism
- Sadomasochism ( Bondage)
- Peeping Tom ( Voyeurism/ Scopophilia)
Peeping Tom ( Voyeurism/ Scopophilia)
? Lady Godiva
? 10/11nth Century AD
? Tailor ? Mr. Tom
SEXUAL PERVERSIONS
? Most common perversions:- (continued)
- Transvestism
- Necrophilia
- Necrophagia
- Troilism
- Undinism (Urolgnia)
- Uranism
- Fetishism
- Frotteurism
- Satyriasis
- Nymphomania
- Masturbation
RAPE
THE CRIMINAL LAW (AMENDMENT) ACT, 2013 has redefined the rape which came
into force on the 3rd day of February, 2013
375 IPC. A man is said to commit " Rape" if he--
(a) 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
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, urethra or anus of a woman or makes her to do so with him or any other
person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra or anus or any part of body of such woman or makes her to do so with him or
any other person; or
(d) 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:--
(Continued to next slide)
Definition of Rape- continued
? - Against her will.
? -Without her consent.
? - 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 hurt.
? - With her consent, when the man knows that he is not her husband and that her consent
has been given because she believes that he is another man to whom she is or
believes herself to be lawfully married. (fraud)
? - 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.
( insanity or intoxication)
? - With or without her consent, when she is under 18 years of age.
? - When she is unable to communicate consent.
Explanation 1 ? Vagina also includes 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.
If the woman is not resisting to the act of penetration, will not 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 under 15 years of age, is not rape.
Punishment of Rape
IPC 376
Subsection 1
Whoever, except in cases provided for in sub-section (2),
commits rape, shall be punished with rigorous imprisonment of
either description for a term which shall not be less than
seven
ten years, but which may extend to imprisonment for life,
and
shall also liable to fine
Punishment of Rape
IPC 376
Subsection 2
(a) Police officer commits rape
(i) within the limit of police station
(ii) in the premises of any station house
(iii) woman in the custody of such police officer or by the
subordinate of such police officer
or (b) Rape by public servant
or (c) Rape by member of armed forces deployed in the area
or (d) Rape by management or staff of a
Jail
Punishment of Rape
IPC 376
Subsection 2 (continued)
Remand home,
Women or children institution, on any inmate
or (e) Management staff of a hospital, commits rape on woman in that hospital
or (f) By relative, guardian or teacher or a person in a position of trust or authority
towards the woman commits rape on such woman.
Or (g) Commits rape during communal sectarian violence
or (h) Commits rape on a woman knowing her to be pregnant
or (i) Commits rape on a woman when she is under sixteen years of age (OMMITED)
Punishment of Rape
IPC 376
Subsection 2 (continued)
or (j) Commits rape on a woman incapable of giving consent
or (k) Being in position of control or dominance over a woman, commits rape
or (l) Commits rape on woman suffering from mental or physical disability
or (m) While committing rape causes grievous bodily injury
or maims
or disfigure
or endangers life of the woman
or (n) Commits rape repeatedly on the same woman
Punishment of Rape
Punishment:- Rigorous imprisonment- minimum 10 years
but which may extend for life which shall mean imprisonment for
the remainder of that person's natural life and shall also liable to fine
IPC 376
Subsection 3
Commits rape on a woman when she is under sixteen years of age
Punishment:- Rigorous imprisonment- minimum 20 years
but which may extend for life which shall mean imprisonment for the
remainder of that person's natural life and shall also liable to fine
Punishment of Rape
IPC 376 A
Whoever commits rape, punishable under 376 IPC sub-section-1 or 376IPC sub-
section- 2 and in course of such commission inflicts an injury which causes death of
the woman or cause the victim to be in a persistent vegetative life
Punishment:-
Rigorous imprisonment- minimum 20 years
but which may extend for life which shall mean imprisonment for the
remainder of that person's natural life and shall also liable to fine
or with death
IPC 376 AB
Whoever commit rape on a woman under 12 years of age
Punishment of Rape
IPC 376 AB
Punishment:-
Rigorous imprisonment- minimum 20 years
but which may extend for life which shall mean imprisonment for the
remainder of that person's natural life and shall also liable to fine
or with death
IPC 376 B
Sexual intercourse with his own wife, who is living separately, under decree
of separation or otherwise, without her consent.
Punishment:-
Imprisonment- minimum 2 yrs. But may extend to 7 years.
Punishment of Rape
IPC 376 C
Sexual intercourse by a person who is
(a) in a position of authority or in a fiduciary relationship;
or (b) a public servant
or (c) superintendent or manager of a jail, remand home or other place of
custody
or (d) management of a hospital or being on the staff of a hospital
abuses such position or fiduciary relationship to induce or seduce any
woman in the premises to have sexual intercourse with him, such sexual
intercourse will not amount to rape but is a punishable offence
Punishment:- Rigorous imprisonment- minimum 5 yrs. may extend to 10 yrs.
and shall be liable to fine
Punishment of Rape
IPC 376 D
Woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be
deemed to have committed the offence of rape
Punishment:-
Rigorous imprisonment- minimum 20 years
but which may extend for life imprisonment which shall mean
imprisonment for the remainder of that person's natural life and
shall also liable to fine
Punishment of Rape
IPC 376 DA
Woman under 16 yrs. of age is raped by one or more persons constituting
a group or acting in furtherance of a common intention, each of those
persons shall be deemed to have committed the offence of rape.
Punishment:- Rigorous imprisonment for life,
which shall mean imprisonment for the remainder of that person's
natural life and shall also liable to fine
IPC 376 DB
Where a woman under 12 yrs. is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of rape.
Punishment:- Rigorous imprisonment for life,
which shall mean imprisonment for the remainder of that person's
natural life and shall also liable to fine, or with death
Punishment of Rape
IPC 376 E
Whoever has been previously convicted of an offence punishable under
IPC sections 376 or IPC 376A or IPC 376AB or IPC 376D or IPC 376DA or
IPC 376DB and is subsequently convicted of an offence punishable under
any of the said sections
Punishment:-
Rigorous imprisonment for life,
which shall mean imprisonment for the remainder of that person's
natural life or with death
Punishment of Rape
? Fine-
Any fine which is imposed on the accused of rape shall be just
and reasonable to meet the medical expenses and rehabilitation
of the victim.
Provided further that
Fine imposed under sections shal be paid to the victim
This post was last modified on 12 August 2021