Sexual Harassment Offences under IPC

Article

Sexual Harassment Offences under IPC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 takes care of only few areas such as unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks.

As per section 28, the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. As such, apart from taking relief under this Act, the victim has a right to file complaint in the form of FIR with the Police under various provisions of Indian Penal Code. Section 28 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 reads as under:

28. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

Before the Vishaka guidelines were issued by the Supreme Court, the women used to take up matters of sexual harassment at workplace by lodging a complaint under Sections 354 and 509 of IPC which were not comprehensive. Substantial changes have been made to incorporate the Vishaka guideline in IPC through the Criminal Law Amendment Act of 2013, which came into force on April 3, 2013.

Some new sections have been added below Section 354 in the Indian Penal Code. It defines the term sexual harassment and other related offences committed against women as under:

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

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 there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Section 354A- Sexual harassment is: unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks

Punishment: Up to three years in prison, and a fine.

 

Section 354B- Forcing a woman to undress.

Punishment: From three to seven years in prison, and a fine.

 

Section 354C- Watching or capturing images of a woman without her consent (voyeurism). 
Punishment: First conviction – one to three years in prison and a fine. More than one conviction–three to seven years in prison and a fine.

 

Section 354D- Following a woman and contacting her or trying to contact her despite her saying she does not want contact. Monitoring a woman using the internet or any other form of electronic communication (stalking).

Punishment: First conviction – up to three years in prison and a fine. More than one conviction–up to five years in prison and a fine.”

 

509. Word, gesture or act intended to insult the modesty of a woman.

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Location: India

Comments

Post a Comment

Popular posts from this blog

Procedure for imposing Major Penalties as per CCS (CCA) Rules

Article Procedure for imposing Major Penalties as per CCS (CCA) Rules   Rule 14 of CCS (CCA) Rules lays down the procedure for conducting an enquiry before imposing major penalties. The enquiry has to be conducted as per due process of law, keeping in view the rules of natural justice. Rule 14 stipulates as under:   Enquiry Procedure: (1) Institute Enquiry: No order imposing major penalties specified above shall be made except after an inquiry held, as far as may be, in the manner provided under Rule 14 and Rule 15 or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act.   (2) Internal Committee’s deemed to be Enquiring Authority: The Internal Committee established in each ministry or Department or Office for inquiring in complaints of sexual harassment shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules. The internal ...
Read more

Procedure for Imposing Penalties in Sexual Harassment Cases upon Government Servants

  Article   Procedure for Imposing Penalties in Sexual Harassment Cases upon Government Servants   Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides that where the respondent is government employee, then the inquiry into the complaint should be made in accordance with the provisions of the service rules applicable to him. Most of the government servants are covered under CCS (CCA) Rules, 1965 or identical rules framed for different services. However, where procedure of inquiry is not delineated in respect of government employees, Rule 14 of CCS (CCA) Rules, 1965 may be followed. The internal committee should as far as possible adhere to the procedure laid down under these rule. The CCS (CCA) Rules prescribe the nature of penalties and the procedure for imposing penalties by the competent authority. Rule 7(4) of Sexual Harassment Rules says the complaints committee shall make inquiry into the com...
Read more

Amendment of CCS (Conduct) Rules & CCS (CCA) Rules to cover Sexual Harassment Cases at Workplace

  Article Amendment of CCS (Conduct) Rules & CCS (CCA) Rules to cover Sexual Harassment Cases at Workplace With a view to inculcate discipline amongst the government servants and to ensure that they do not indulge in sexual harassment at workplace the government has amended the CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965 [vide Notifications published as G.S.R. 823(E) and G.S.R. 822(E) in the Gazette of India (Extraordinary) dated    19-11-2014] . Applicability of CCS Conduct Rules : The CCS (Conduct) Rules, 1965 apply to every person appointed to a civil service or post including a civilian in Defence Service in connection with the affairs of the Union.   However, these rules are not applicable to a railway servant as defined in the Indian Railways Act, 1890 (9 of 1890); or a person holding a post in the Railway Board and is subject to the Railway Services (Conduct) Rules; or   holding any post under the administrative control of the Railwa...
Read more