Question Discussion & Solution

• Assault or using force against a woman of any age with intent to outrage her modesty is an offence punishable under Section 354 of IPC,1860.
• This is a cognizable offence, meaning in such offences police can arrest the accused even without the warrant.
• Punishment for this offense is-:  Jail of minimum 1 year which may extend to 5 years along with fine.

The correct answer is Article 14, 15, and 21.

• Sexual harassment results in a violation of the fundamental rights of a woman to equality under article 14 and 15 of the constitution of India and her right to life and to live with dignity under Article 21of the constitution and right to practise any profession or to carry on any occupation, trade, or business with includes a right to a safe environment free from sexual harassment.
• It extends to the whole of India.

 Additional Information

• Sexual Harassment:-
  • ​A man committing any of the facts -
    • ​Physical contact and advances involving unwelcome and explicit sexual overtures.
    • a demand or request for sexual favours.
    • showing pornography against the will of a woman.
    • making sexually coloured remarks shall be guilty of the offence of sexual harassment

The correct answer is 14th November 2012.

• To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012.
• The Act has come into force with effect from 14th November 2012 along with the Rules framed thereunder. 

Key Points

• The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of
  • sexual assault
  • sexual harassment
  • pornography
• While safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.  

The correct answer is Gang rape of a girl below 16 years of age.

Key Points 

• 376 DA: PUNISHMENT FOR GANG RAPE ON WOMAN UNDER SIXTEEN YEARS OF AGE
  • Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
  • Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
  • Provided further that any fine imposed under this section shall be paid to the victim.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.

The correct answer is a Punishment of ten years and a fine.

Important Points

• Section 367 of IPC:
  • ​Whoever kidnaps or abducts any person in order that such person may be subjected, or be so disposed of as to be put in danger of being subjected 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.
  • It is a cognizable offence, Non-bailable which is triable by the court of session.