Assistance in Cases of Offences Against Girls and Women

Crimes against women in India constitute a significant societal problem, deeply rooted in historical, cultural, and socio-economic factors. 

• Despite numerous legal reforms and stringent laws, the prevalence of such crimes remains alarmingly high. 
• Here we will explore the various forms of crimes against women, the legal framework designed to combat these issues, and the effectiveness of these measures in the context of criminal law in India.
  

Some Major Offences Against Girls and Women are 

• Rape: Section 375 of the Indian Penal Code (IPC) defines rape as engaging in sexual intercourse with a woman against her will, without her consent, through coercion, misrepresentation, or fraud, or when she is intoxicated or mentally incapacitated. Section 376 of the IPC prescribes the punishment for rape, ranging from a minimum of 10 years of rigorous imprisonment to life imprisonment or, in extreme cases, the death penalty, particularly when the victim is left in a vegetative state or dies. Sections 63 and 64 of the Bharatiya Nyaya Sanhita (BNS) adopt the definition of rape from the IPC but increase the age of consent for marital rape from 15 to 18 years.
• Sexual Harassment: Section 354A of the Indian Penal Code (IPC) defines sexual harassment as encompassing unwelcome physical contact and advances, demands or requests for sexual favors, displaying pornography against a woman’s will, and making sexually colored remarks. The prescribed punishment for such offenses includes imprisonment for a term that may extend to three years, a fine, or both. Similarly, Section 75 of the Bharatiya Nyaya Sanhita (BNS) retains the same definition and corresponding punishment as outlined in the IPC.
• Assault or Criminal Force to Outrage Modesty: Section 354 of the Indian Penal Code (IPC) addresses the act of assault or the use of criminal force with the intent to outrage a woman's modesty, prescribing a punishment of imprisonment for up to two years, or a fine, or both. Section 354B of the IPC specifically punishes individuals who assault or use criminal force to disrobe a woman, with a mandatory minimum imprisonment of three years, which may extend up to seven years, in addition to a fine. Additionally, Section 74 and 76 retains the provisions from the IPC.
• Voyeurism: Section 354C of the Indian Penal Code (IPC) addresses the offense of voyeurism, which involves the act of watching or capturing the image of a woman engaged in a private act, where she has a reasonable expectation of not being observed by the perpetrator or by any other person at the perpetrator's behest. The prescribed punishment for a first-time conviction under this section is imprisonment for a term ranging from one to three years. For subsequent convictions, the imprisonment term extends from three to seven years. Similarly, Section 77 of the Bharatiya Nyaya Sanhita (BNS) Act retains the provisions outlined in Section 354C of the IPC with minor modifications.
• Stalking: Section 354D of the Indian Penal Code (IPC) comprehensively delineates the offense of stalking, defining it as the act of persistently following or attempting to establish contact with a woman despite clear indications of her disinterest, or monitoring her electronic communications. This provision stipulates penalties including imprisonment for up to three years upon first conviction and up to five years for subsequent offenses, coupled with a monetary fine. Concurrently, Section 78 of the proposed BNS (Bharatiya Nyaya Sanhita) Act retains the core provisions of IPC Section 354D with slight modifications, ensuring alignment with contemporary legal standards while addressing nuances specific to national security concerns.
• Acid Attack: The Indian Penal Code (IPC) includes stringent provisions aimed at addressing grave offenses involving acid attacks and sedition. Section 326A of the IPC specifically targets those who voluntarily cause grievous hurt using acid, prescribing a minimum imprisonment of ten years that can extend to life imprisonment, in addition to a fine. Section 326B addresses attempts to throw acid, imposing imprisonment not less than five years and up to seven years, alongside a fine. Furthermore, Sections 124(1) and 124(2) of the Bharatiya Nyaya Sanhita continue to uphold provisions pertaining to sedition, maintaining legal frameworks to address offenses against the state's integrity and security. These statutory measures underscore India's commitment to safeguarding public welfare and national harmony through robust legal deterrents against such serious crimes.
• Cruelty by Husband or Relatives: Section 498A of the Indian Penal Code addresses acts of cruelty committed by a husband or his relatives towards a woman. This provision defines cruelty as any deliberate behavior likely to drive a woman to suicide or to cause severe harm to her life, body, or mental and physical health. It also covers harassment related to dowry demands. The penalty for offenses under this section includes imprisonment for a term extending up to three years, along with a fine. Section 85 of the Bharatiya Nyaya Sanhita retains the relevant provisions from the IPC without alteration.
• Dowry Death: Section 304B, IPC and 80, BNS deals with dowry deaths, where the death of a woman is caused by burns or bodily injury or occurs under suspicious circumstances within seven years of marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with demands for dowry. The punishment is imprisonment for not less than seven years, which may extend to life imprisonment.
• Domestic Violence: Protection of Women from Domestic Violence Act, 2005 provides for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. It covers physical, sexual, emotional, verbal, and economic abuse and includes provisions for the protection, maintenance, and residence of the woman.
• Human Trafficking: Sections 370 and 370A, IPC pertains to the trafficking of persons, including for sexual exploitation, forced labor, or other exploitative purposes. The punishment ranges from rigorous imprisonment of at least seven years to life imprisonment and a fine, depending on the severity and nature of the trafficking offense. It is introduced with certain changes in section 143, 144 of the BNS.
• Child Marriage: Prohibition of Child Marriage Act, 2006 prohibits the solemnization of child marriages. The punishment includes rigorous imprisonment up to two years or with a fine, or both, for those who conduct, perform, or direct any child marriage.
• Sexual Offenses Against Children: Protection of Children from Sexual Offences (POCSO) Act, 2012 provides protection to children from offenses of sexual assault, sexual harassment, and pornography, with stringent punishments ranging from three years to life imprisonment, depending on the severity of the offense.

Immediate Relief

In cases of offenses against girls and women, Indian law provides several immediate relief measures to ensure their protection and support during the legal process. Here are the key immediate relief measures available:

• Police Assistance
  • First Information Report (FIR): Victims can file an FIR at the nearest police station. Police are required to register the FIR immediately, especially in cases of serious offenses like rape, domestic violence, and human trafficking.
  • Protection and Escort: Police can provide immediate protection to the victim and escort them to a safe place if necessary.
• Medical Assistance
  • Immediate Medical Examination: In cases of sexual offenses and physical abuse, victims are entitled to a medical examination at government hospitals without delay. This is crucial for collecting evidence and ensuring the victim's health and safety.
  • Treatment for Injuries: Government hospitals and registered medical practitioners are required to provide free medical treatment to victims of acid attacks and other forms of violence.
• Legal Aid
  • Free Legal Services: Victims of sexual assault, domestic violence, and other severe offenses are entitled to free legal aid under the Legal Services Authorities Act, 1987. Legal aid includes legal advice, representation, and assistance in court.
• Protection Orders in Domestic Violence
  • Protection from Domestic Violence Act, 2005: Victims of domestic violence can approach a Magistrate to obtain protection orders, residence orders, and monetary relief. The court can order the accused to stay away from the victim, prohibit communication, and ensure the victim’s right to reside in a shared household.
  • Interim Orders: Courts can grant interim orders for immediate relief while the case is pending.
• Counseling and Support Services
  • One-Stop Crisis Centres (OSCCs): Also known as Sakhi Centres, these provide integrated services including medical aid, police assistance, legal aid, psycho-social counseling, and temporary shelter.
  • Women’s Helplines: Various helplines like 181 (Women’s Helpline) provide immediate assistance, counseling, and rescue services for women in distress.
• Shelter and Rehabilitation
  • Shelter Homes: Victims can access temporary shelter homes and rehabilitation services provided by the government and NGOs. These shelters offer a safe environment, food, clothing, and other necessities.
  • Compensation Schemes: Under the Victim Compensation Scheme, victims of acid attacks, rape, and other crimes can receive financial compensation for their rehabilitation and to cover medical expenses.
• Emergency Protection for Children
  • Child Welfare Committees (CWCs): In cases of sexual offenses against children under the POCSO Act, the CWCs can provide emergency protection, counseling, and support services.
• Acid Attack Victims
  • Free Medical Treatment: Victims of acid attacks are entitled to free medical treatment, including reconstructive surgeries, at government hospitals.
  • Compensation: States provide compensation to acid attack victims for medical treatment and rehabilitation.
• Prohibition of Child Marriage
  • Immediate Intervention: Authorities can intervene to stop a child marriage and provide protection to the minor involved. Child Marriage Prohibition Officers (CMPOs) are appointed to prevent and prosecute offenses under the Prohibition of Child Marriage Act.

These immediate relief measures are designed to ensure the safety, health, and well-being of victims while legal proceedings are underway. They provide essential support and protection, helping victims navigate the aftermath of the crime and begin the process of recovery and justice.

How Can We Help You?

• We play a vital role in assisting victims of offenses against girls and women by providing legal advice, filing complaints and FIRs, and representing them in court.
• We help victims understand their rights and the legal procedures, ensure accurate documentation of complaints, and seek protection orders and interim relief.
• We also facilitate medical examinations, collect evidence, and provide emotional support, referring victims to counselling and shelter services.
• We assist in filing compensation claims and ensure fair police investigations, addressing any lapses.
• In cases involving children, we ensure protection under the POCSO Act and intervene in child marriages.
• We also engage in public awareness and policy advocacy to protect women's and girls' rights.

Note

• If a woman makes a false charge against a man, we can help the accused by providing legal defense, ensuring a fair investigation, and challenging any unfounded allegations in court. We protect the accused’s rights, gather evidence to refute false claims, and seek to prevent misuse of the legal system, ensuring justice is served.

Conclusion

Offences against girls and women in India remains unreported at ground level because of orthodox mind-set of society and people in our country. Most of the times, girls and women could not report an offense done against them because they are unaware of the laws and legal resources available for them. We wish your safety and harmony, still you are a victim of any such offence, we are pledged to help you with the legal actions against the guilty. To know more, contact us.