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Law of Crimes > Chapter V: Offences Against Women and Children > Flashcards

Chapter V: Offences Against Women and Children Flashcards

1
Q

Elements (4)

S. 63: Rape

A
  1. Penetration of the penis
  2. Penetration of any other object/part of the body
  3. Manipulates the body of a woman so as to cause penetration, or makes her to do so with him/any other person
  4. Applies his mouth or makes her to do so with him or any other person
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2
Q

Circumstances (7)

S. 63: Rape

A
  1. Against her will
  2. Without her consent
  3. With her consent, when consent has been obtained by putting her/any person in whom she is interested, in fear ofdeath or of hurt
  4. With consent, under belief that he is another man, or she is lawfully married to him
  5. With consent, which was obtained by intoxication/unsoundness of mind
  6. With or without consent, under 18 years of age
  7. When unable to communicate consent.

5. unable to understand nature and consequences of act

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3
Q

Explanation 2 (S. 63)

Meaning of Consent

A

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 act

NOT physically resisting is not consent alone

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4
Q

S. 63: Exceptions

What does NOT constitute rape?

A
  1. Medical procedure
  2. Man with his own wife (provided she is not <18)
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5
Q

Regular (subsection 1)

S. 64: Punishment for Rape

A
  • Rigorous improsionment of either description
  • Not less than ten years
  • Extend to life imprisonment
  • Fine
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6
Q

LIst 13 Special cases (subsection 2)

S. 64: Punishment for Rape

A
  1. Police officer
  2. Public Servant
  3. Member of armed forces
  4. Management/staff of jail, remand home, other place of custody, women/childrens institution
  5. Management/staff of hospital
  6. Relative, guardian, teacher, position of trust and authority
  7. Communal/sectarian violence
  8. Knowing woman to be pregnant
  9. Woman incapable of giving consent
  10. Position of control or dominance
  11. Woman suffering from mental/physical disability
  12. Causes grievous bodily harm/maims, disfigures, endangers life
  13. Commits repeatedly
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7
Q

In Special Circumstances 64(2)

S. 64: Punishment for Rape

A
  • Rigorous imprisonment
  • Term not less than 10 years
  • Life imprisonment, meaning remainder of person’s natural life
  • Fine
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8
Q

S. 65(1): Punishment for Rape when victim is under 16 years

A
  • Rigorous Imprisonment
  • Not less than 20 years
  • Extend to imprisonment for remainder of natural life
  • Fine to be paid to the victim (which is just and reasonable ot meet the medical expenses and rehabilitation)
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9
Q

.

S. 65(2): Punishment for rape when victim is under 12 years

A
  • Rigorous imprisonment
  • Not less than 20 years
  • Extend to imprisonment for remainder of natural life
  • Death
  • Fine to be paid to victim which is sufficient to meet medical expenses and rehabilitation
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10
Q

S. 66: Punishment for causing death or persistent vegetative state

A
  • Rigorous imprisonment
  • Not less than 20 years
  • Imprisonment for the remainder of natural life
  • Death
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11
Q

elements

S. 67: Sexual Intercourse by husband upon his wife during separation

A
  1. Sexual intercourse with own wife
  2. While living separately
  3. Under a decree of separation or otherwise
  4. Without consent
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12
Q

S. 67: Sexual Intercourse by husband upon wife during separation (punishment)

A
  • Rigorous imprisonment of either description
  • 2-7 years
  • Fine
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13
Q

What constitutes position of authority for the purposes of S. 68?

A
  1. In a position of authority
  2. In a fiduciary relationship
  3. Public servant
  4. Superintendent or manager of jail, remand home, any other place of custody, or women or children’s institution
  5. On the management of a hospital, or being on the staff of a hospital
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14
Q

S. 68: Sexual Intercourse by a person in authority (elements)

A
  1. Belongs to one of the 4 classes of person outlined.
  2. Abuses such position or relationship
  3. Induces or seduces any woman to have intercourse with him (not amounting to the offence of rape)
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15
Q

S. 68: Punishment for sexual intercourse by person in authority

A
  • Rigorous imprisonment of either description
  • 5-10 years
  • Fine
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16
Q

S. 69: Sexual intercourse by employing deceitful means (elements)

A
  1. Deceitful means
    * Inducement for, or false promise of employment
    * Inducement for, or false promise of promotion
    * Suppressing identity for marriage
  2. Promise of marriage
  3. Sexual intercourse not amounting to the offence of rape
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17
Q

S. 69: Punishment for SA by employing deceitful means

A
  • Imprisonment of either description
  • Term extending to 10 years
  • Fine
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18
Q

S. 70: Gang Rape (elements)

A
  1. One or more persons
  2. Constituting a group or acting in furtherance of a common intention
  3. Rape of a woman
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19
Q

S. 70: Punishment for gang rape if woman is above 18

A
  • Rigorous imprisonment
  • Not less than 20 uears
  • Extended to imprisonment for natural life
  • Fine to the victim to meet medical expenses and rehabilitation
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20
Q

S. 70: Punishment for gang rape if woman is under 18

A
  • Imprisonment for natural life,
  • Fine
  • Death
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21
Q

S. 71: Punishment for Repeat Offenders

A
  • Convicted of offence under S. 64, S. 65, S. 66, S. 70
  • Subsequently convicted under one of these offences
  • Punishable with either
    1. Imprisonment for natural life
    2. Death
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22
Q

S. 74: Assault or use of criminal force with intent to outrage modesty of a woman (elements)

A
  1. Assaults
  2. Uses criminal force
  3. Intent to outrage modesty
  4. Knowing that it is likely he will outrage her modesty
23
Q

Assault or use of criminal force to outrage modesty

Punishment for S. 74

A
  • Imprisonment of either description
  • 1-5 years
  • Fine
24
Q

S. 75: Sexual Harasment (4 Elements)

A
  1. Physical contact and advances involving unwelcome sexual overtures
  2. Demand or request for sexual favours
  3. Showing pornography against the will of a woman
  4. Making sexually coloured remarks
25
Q

S. 75(2): Punishment for SH; physical contact + advances, demand for sexual favours, showing of pornography

A
  • Rigorous imprisonment
  • Up to 3 years
  • Fine (or both)
26
Q

S. 75(3): Punishment for SH; sexually coloured remarks

A
  • Imprisonment of either description
  • Up to one year
  • Fine (or both)
27
Q

S. 76: Assault or use of criminal force to woman with the intent to disrobe (Elements)

A
  1. Assault
  2. Criminal Force
  3. Intention of disrobing, compelling her to be naked

gender neutral section

28
Q

S. 76: Punishment for use of criminal force with intent to disrobe

A
  • Imprisonment of either description
  • 3-7 years
  • Fine
29
Q

S. 77: Voyeurism (elements)

A
  1. Watches OR
  2. Captures image of OR
  3. Disseminates image of
  4. Woman engaging in a private act
  5. In circumstances where she would usually have the expectation of not being observed by the perpetrator or any other person at the perp’s behest
30
Q

S. 77: Voyeurism (punishment)

A
  • First conviction: imprisonment of either kind for 1-3 years + fine
  • Subsequent convictions: imprisonment of either kind for 3-7 years + fine
31
Q

S. 77: Voyeurism (explanation 2)

A

Where the victim consents to the capture of any image/act, but not their dissemination to any third party, dissemination shall be considered an offence under this section.

32
Q

S. 78: Stalking (Elements)

A
  1. Man
  2. Follows a woman
  3. Contacts/attempts to contact such woman
  4. Intention of fostering personal interaction
  5. Despite clear indication of disinterest
  6. Monitors the use by a woman of the internet, email or any other form of electronic communication
33
Q

S. 78: Exceptions to stalking

A
  1. Purpose of preventing/detecting crime when entrusted with this responsibility by the State
  2. Pursued under any law or to comply with any condition/requirement imposed by law
  3. It was reasonable + justified by the circumstances
34
Q
A
35
Q
A
36
Q
A
37
Q

S. 78: Punishment for Stalking

A
  • Imprisonment of either description
  • Up to 3 years
  • Fine

Subsequent conviction: Imprisonment up to five years

38
Q

S. 79: Word, gesture or act intended to insult modesty of a woman (Elements)

A
  1. Intention to insult the modesty of a woman
  2. Words, sound, gesture, exhibition of any object in any form
  3. Knowing that such word, sound, gesture or object shall be seen by such woman OR
  4. Intrusion of privacy
39
Q

S. 79: Word, gesture, act intended to insult modesty of a woman

A
  • Simple imprisonment
  • Up to three years
  • Fine
40
Q

S. 80: Dowry Death (Elements + Condition Precedent)

A
  1. Death of a woman
  2. Caused by burns or bodily injury or otherwise abnormal circumstances
  3. Within 7 years
  • Proof of cruelty/harassment by husband or his relatives in connection with demand for dowry
41
Q

Dowry meaning

A

S. 2 Dowry Prohibition Act: s any property or valuable security given or agreed to be given either directly or indirectly–
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before, or any time after the marriage, in connection with the marriage of the said parties

42
Q

S. 80: Punishment for dowry death

A

Imprisonment for 7 years to life

43
Q

S. 85: Husband or relative of husband of a woman subjecting her to cruelty (punishment)

A

Imprisonment up to 3 years + liable to fine

44
Q

S. 86: Cruelty definition

A
  1. Any wilful conduct which is of such a nature as to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (mental or physical)
  2. Harassment with a view to coercing her/some related party to meet an unlawful demand for property or val sec, or is on account of a failure by her or any person related to her to meet such demand
45
Q
  1. Kidnapping, abducting or inducing woman to compel her marriage (Elements)
A
  1. Intention to compel/knowing it to be likely that she will be compelled
  2. To marry against her will
  3. In order to force/seduce her into illicit intercourse
  4. By means of criminal intimidation, or abuse of authority, or any method of compulsion
  5. With intent/knowing it likely that she will be forced, seduced to illicit intercourse with another person
46
Q

S. 87: Punishment for kidnapping, abducting or inducing a woman to compel her to marriage/illicit intercourse

A
  • Imprisonment of either description
  • Upto 10 years
  • Liable to fine
47
Q

S. 97: Kidnapping or abducting child under 10 years of age with intent to steal from its person

A
  1. Kidnaps child under 10 years
  2. Intention of taking dishonestly any movable property from the person of such child
48
Q

S. 97: Punishment for kidnapping/abducting child under 10 years with intent to steal

A
  • Imprisonment of either description
  • Up to 7 years
  • Liable to fine
49
Q

S. 96: Selling child for purposes of prostitution (elements)

A
  1. Sells, lets to hire, otherwise disposes of a child
  2. Intent that such child shall be
    (i) employed; or used for the purpose of
    (i) illicit intercourse or
    (iii) any unlawful or immoral purpose, or
    (iv) knowing such purpose to be likely
50
Q

Punishment for S. 98 (selling child for prostitution)

A
  • Imprisonment of either description
  • For up to ten years
  • liable to fine
51
Q

Illicit Intercourse Definition

A

Sexual intercourse between persons not united by marriage, or by any union or tie, which not amounting to marriage, is recognised by the personal law/custom of the community, or if they belong to different communities, of both communities, as constituting between them a quasi-marital relation

52
Q

S. 99: Buying child for purposes of prostitution (Elements)

A
  1. Buys, hires, otherwise obtains possession of any child
  2. Intent that such child shall be employed or used for prostitution or illicit intercourse
  3. Knowing it likely that the child will at any age be employed or used for such purpose
53
Q

S. 99: Punishment for buying child for prostitution

A
  • Imprisonment of either description
  • 7-14 years
  • Liable to fine.

Law of Crimes (5 decks)

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