INDIAN PENAL CODE, 1860:

1. Rape (Section 375-377)

Sexual offenses: as per Section 375 to 377 of IPC talks about sexual offenses as per section 375 defined as Rape, this term is derived from the Latin term rapio, which means to seize. Thus rape literally means a forcible seizure and that is essential characteristics of offense. We can also say that intercourse with women without her consent. As per Section 375: A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

Firstly - Against her will.

Secondly - Without her consent.

Thirdly - With her consent, when her consent has been obtained by putting her or any PS 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 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.

Sixth - With or without her consent, when she is under age of sixteen years

Essentials ingredients of the Section of 375:

• There must be sexual intercourse with a woman by a man;
• Such sexual intercourse should be under any of the following circumstances:
• Against her will;
• Without her consent;
• With consent obtained under fear of death or hurt;
• With consent given under a misconception of fact that the man is her husband;
• Consent was given by reason of unsoundness of mind, intoxication or under influence of any stupefying or unwholesome substance;
• With women under 16 years of age, with or without consent.

Punishment for Rape:

Section 376. Punishment for rape.-(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever: (a) being a police officer commits rape-

• Within the limits of the police station to which he is appointed; or
• In the premises of any station house whether or not situated in the police station to which he is appointed; or
• On a woman is his custody or in the custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) Commits rape on a woman knowing her to be pregnant; or

(f) Commits rape when she is under twelve years of age; or

(g) Commits gang rape,

Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Explanation 1 Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

Explanation 2 "Women's or children's institution "means an institution, whether called an orphanage or home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children[v].

Explanation 3 "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

INDIAN PENAL CODE, 1860:

2. Kidnapping and Abduction (Section 359- 373):

Kidnapping and Abduction for a different purpose(section 363 to 373): As per section 363 talks about punishments for kidnapping Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. . The supreme court declined to convict the father, who was accused of kidnapping his minor daughter who was living with her maternal grand father due to strained relationship between her parents, on the ground that the accused was the natural guardian of the child.

And as per section 359 defined as kidnapping, Kidnapping is of two types: kidnapping from India, and kidnapping from lawful guardianship.

As per section 360 talks about kidnapping from India and section 361 talks about Kidnapping from lawful guardianship. Held: It was held that Jai Narain was liable under Section 376 for rape and Raja Ram under Section 366.

As per Section 364 talks about punishment, it means this section provides that Kidnapping or abducting in order to murder, it means Whoever Kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

As per 364A. Kidnapping for ransom, etc.Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organization or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.

As per section 365 Kidnapping or abducting with intent secretly and wrongfully to confine person.- Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

As per section 366 kidnapping, abducting or compelling a woman to marry, etc.-

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 1[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid.

As per Section 366A procreation of minor girl.Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such a girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

As per Section 366B Importation of girl from foreign country- Whoever imports into2[India] from any country outside India or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

As per Section 367 Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.- Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

As per Section 368 Wrongfully concealing or keeping in confinement, kidnapped or abducted person- Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

As per Section 369 Kidnapping or abducting child under ten years with intent to steal from its person- Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine[x].

As per Section 370 Buying or disposing of any person as slaves Whoever imports, export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

As per Section 371 talks about Habitual dealing in slaves Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1[imprisonment for life] or with imprisonment of either description for a term not exceeding the years, and shall also be liable to fine.

As per Section 372 selling minor for purpose of prostitution, etc.-Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

Explanation I When a female under the age of eighteen years sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Explanation II- For the purposes of this section illicit intercourse means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.

As per Section 373 talks about Buying minor for the purpose of prostitution etc.- Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation I Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

1) Homicide for dowry, dowry deaths or their attempts discussed under section 302 and 304-B and also under section 174(3) of CrPc:

As per Section 304 B. Dowry death.(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death.

Explanation - For the purpose of this subsection, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

As per section 302 talks about punishment for murder, it means Whoever commits murder shall be punished with death, or [imprisonment for life] and shall also be liable to fine.

1) Sexual Harassment: As per Section 509talks about Word gesture or act intended to insult the modesty of a woman.

• Importation of girls (up to 21yearsage): Section 366B of IPC talks about Importation of girls.

1) Torture, both mental and physical: As per Section 498-Atalks about Torture, both mental and physical.

The crimes identified under the special laws: Although all laws are not gender-specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. Some acts which have special provisions to safeguard women and their interests are:

1) The employees' Insurance Act,1948

2) The Plantation Labour Act, 1951

3) Special Marriage Act, 1954

4) The Hindu Marriage Act, 1955

5) Dowry Prohibition Act, 1961

6) The Equal Remuneration Act, 1976

7) The child marriage Restraint(Amendment) Act, 1979

8) Commission of Sati(Prevention) Act, 1987

9) Hindu Succession Act,1956.

Here Are 10 Laws & Schemes

That Protect & Empower India's Girl Child

1. Child marriage is prohibited by law.

The Prohibition of Child Marriage Act, 2006, provides a civil remedy as well as criminal provisions to prohibit child marriage and protect the rights of the children.

2.

While the Act provides for relief to the child entering the marriage, it also provides for punishment of adults, who enter into a child marriage or perform, conduct, or direct child marriages.

3. Every girl child has the right to free and compulsory education until the age of 14

Under the Right of Children to Free and Compulsory Education Act, 2009, all children between the ages of 6 and 14 years have the right to elementary education (class 1-8) in a neighbourhood school. The RTE Act also states that a child cannot be detained in any class till the completion of elementary education.

4.Girls trapped in brothels for prostitution are protected by law.

The Juvenile Justice Act includes special provisions for the protection, treatment, and rehabilitation of girls under 18 years old. This act protects girls trapped in brothels for child prostitution and protects any person engaged in an immoral, drunken, or depraved life.

Juvenile Welfare Boards addresses the problem of neglected girls and offer special protective homes and supervision by probation officers.

Kidnapping or abducting a child under ten years of age is a non-bailable offence.

5. Every girl child has the right to free and compulsory education until the age of 14

Section 363-A of the Indian Penal Code punishes kidnapping or maiming a minor for the purpose of begging. Procurement of a minor girl for the purposes of illicit intercourse is punishable by law.

6. Inducing any minor girl under the age of 18 years to do any act with intent that such girl may be forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to 10 years, and shall also be liable to fine.

7. Buying and selling of minor girls for prostitution is a punishable offence.

8. Section 372 and 373 of IPCpunishes those involved in the buying and selling of minor girls. The punishment in this case can range from a fine to 10 years of imprisonment.

9.Every girl child born in India is provided financial security.

10. Sukanya Samriddhi Yojanaaims to provide financial security and independence to a girl child in India. The scheme inspires the parents/guardians to accumulate funds in the Sukanya Samriddhi account from the time of the birth of their girl child, for the purpose of their education and marriage