Sexual and Unnatural Offences (Ss 375-377) IPC

Section 375 - Rape

Before understanding what constitutes the offence of rape, it is important to understand what is understood by Consent.

What is Consent?

Explanation 2 to Section 375 defines consent as

          - unequivocal

          - voluntary

          - agreement

when a woman, by:

          - words

          - gestures or

          - any form of verbal or non-verbal communication

communicates willingness to participate in the specific sexual act.

PROVISO - A woman cannot be regarded as consenting to the sexual activity merely because she does not physically resist to the act of penetration. 

Trafficking, Slavery and Forced Labour (Ss 370-374) IPC

Section 370 - Trafficking of Person - 

[NOTE: This section was inserted by Criminal Law Amendment Act 2013 with effect from 03/02/2013]

Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by—

First - using threats, or

Secondly - using force, or any other form of coercion, or

Thirdly - by abduction, or

Fourthly - by practising fraud, or deception, or

Fifthly - by abuse of power, or

Sixthly - by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,

commits the offence of trafficking.

Ingredients

Let us understand the above provisions with the help of the following diagram:

Kidnapping and Abduction (Ss 359-369) IPC

Section 359 - Kidnapping - Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship.

Section 360 - Kidnapping from India - Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.

Ingredients

1. The offender must convey the victim beyond the limits of India.

2. Such conveyance must be without the consent of the victim or of some person legally authorized to consent on behalf of that person.

3. If the above ingredients are satisfied, there will be kidnapping from India.

Other forms of Criminal Force and Assault (Ss 355-358) IPC

Section 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation - Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished...

Ingredients

1. The offender must assault or use criminal force on the victim.
2. Such assault or criminal force must be used with the intent to dishonour the victim.
3. Such assault or criminal force must be used otherwise than on grave and sudden provocation given by the victim.

4. If the above ingredients are fulfilled, then it will be assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

Assault or Criminal Force to Woman, Sexual Harassment, Voyeurism and Stalking (Ss 354, 354A-D) IPC

Section 354 - Assault or criminal force to woman with intent to outrage her modesty - 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....

Ingredients

1. The offender must assault or use criminal force to any woman.

2. Such assault or criminal force must be used with the intention or knowledge of outraging the modesty of the woman

3. When the above ingredients are satisfied, there will be assault or criminal force to woman with intent to outrage her modesty.

Of Criminal Force and Assault (Ss 349-353) IPC

Section 349 – Force – A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling…

Of Wrongful Restraint and Wrongful Confinement (Ss 339-348) IPC

Section 339 - Wrongful Restraint - Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Ingredients of the Section

1. A person must voluntarily obstruct another person.

2. Such obstruction must be with a view to prevent the other person from proceeding in any direction.

3. The other person must have a right to proceed in the direction which is obstructed.

4. If the above three conditions are fulfilled, there will be wrongful restraint.