Different types of crime comminted against women

“It is not just women who are paying an enormous price for this culture and religious prejudice. We all suffer when women and girls are abused and their needs are neglected. By denying them security and opportunity, we embed unfairness in our society and fail to make the most of the talents of half the population” – The Global Elders (2009)

Conceptually or mentally, the phrase refers to any injury that directly or indirectly causes physical or emotional harm to females. Offences that are specifically aimed towards women and where only females are victims are defined as “crimes against women”. “Crime against women implies actual or indirect physical or emotional abuse to women. Women are exposed to multiple types of criminal misery, such as eve-teasing, stalking, bigamy, fraudulent marriage, and temptation of married women, abduction and kidnap, rape, harassment of women at Workplace, beating of the wife, death of the dowry, rape of the girl child and rape of the child, Older girl, etc.”

Every other woman has developed tolerance and has endured the sensation that she is treated poorly, trivialised, held hidden, neglected, assaulted, joked or discriminated just because of their gender. As it is stated that women is most prone to crime when she is a adult and between the age of 20-30 years, but there is no fix age of it. Women and girls are at risk at every stage of their life and they go through different forms of violence at every stage of their life. Like at the pre-birth stage of the women, many women abort the girl child in the country like India, because in many parts of India girl child is still considered as burden on the future of the family. Even though there are too many provisions, regulations and services of general knowledge, women are subject to unequal and discriminatory treatment in all aspects of life and, in particular, jobs in which they are not adequately paid and are therefore economically disadvantaged in Indian culture. At the formative years of the women they go ignorance through every aspect of their life like mental, physiological, healthcare, education. Basically in the rural India, people look after the boy as they considered them as the asset and considered girl as a burden. Even as the child women go through so much. At a time when women are young, due to a number of reasons, including constant ignorance, women are being exploited as a consequence of heinous acts, such as child trafficking and prostitution, by some twisted social factors as a lucrative industry dispersed across the world, both for work and sex, in order to satisfy their self-serving desires. Even after the implication of child labour act, 1986, it did not affect the brutal acts of those who are involves in heinous crime like child trafficking and etc. After this point, “the teenage years of women”  are coming. In puberty, a humiliating form of violence or slavery is perpetrated against women in the context of “prostitution, trafficking, early marriage”, crimes against women, etc. This is the moment that they become adults who are able to grasp socioeconomic slavery and acknowledge this inequality, either compelled to choose prostitution or unintentionally abused sex. At procreative age, women face unconsensual abortions, forced childbirth, delayed unwanted pregnancy, and resistance to domestic violence. In addition, they are often emotionally, mentally and physically abused by an abusive partner or a non-partner at this point. She commits murder as a result of not fixing her acts of terror. At the age of the old, she appears to be fragile due to lack of participation in the workplace. As a result, they are ignored and exploited again.

Thus, “the history of women life is a garland of stigma or misery”. Crime against women is increasing at a rapid rate worldwide. The legal opportunities available do not minimise the high rate of sexual and other abuse against women and children, as statistics of such cases have risen. Law enforcement at the police level is very inefficient and unsuccessful. In a western world where we speak of civilised democracy, women’s rights and empowerment, the rate of violence against women is rising increasingly every day.

Classification of Crime:-

1. RAPE:- Supreme Court of India, though expressing its worry about the most notorious ad heinous Crime of rape observed

“Rape is a crime not only against the person of a woman; it  is  a  crime  against  the  entire  society.  It  destroys  the  entire  psychology  of  a woman  and  pusher  her  into  deep  emotional  crisis  Rapes  is  therefore  the  most hated  crime.  It  is  a  crime  against  basic  human  rights  and  is  violation  of  the  victims  most  cherished  rights,  namely  right  of  life  which  includes  right  to  live with  human  dignity  contained  in  Article  21. Rape  for  a  woman  is  deathless shame  and  must  be  dealt  with  as  a  gravest  against  human  dignity;  it  is violation with violence on the private person of a woman.”

“§ 375, 376, 376-A to 376-D” are related to the offence of rape. Rape is India’s fastest-growing crime relative to murder , theft and kidnapping. “According to the National Crime Records Bureau (NCRB) report , two women are raped every 60 minutes in this region

[1]. There are several forms of rape,

  • Custodial rape-This kind of rape has become more punishable than the rape committed by another male who has no custody of a woman.
  • Rape on a pregnant woman-Rape on a pregnant woman it’s sort of incest. Where rape has been committed by an individual. It is extreme in nature for a pregnant woman of any age, so it is included in many definitions of abuse.
  • Rape on a child under the age of 12-Raping a girl under the age of 12 is a heinous kind of rape and is against society as a whole. The defeat of humanitarian aid should not occur. It is the responsibility of any member of society to avoid this kind of violence.
  • Sexual rape-Gang rape is also a horrific form of rape. Where a woman is Rape is perpetrated by one or more individuals in a group of persons acting in service of their shared purpose, each of whom is known to have perpetrated gang rape.
  • Spouse rape-Sexual intercourse between a man and his wife is not rape if the wife is over 15 years of age. Where a woman is under 15 years of age but over 12 years of age and her husband has sexual intercourse, it is rape.”

If we want to file a lawsuit against someone on the basis that he raped any women, then a lawyer has to prove that the person raped her “against her will or without her consent”.

In Dileep  Singh  v.  State  of  Bihar the SC observed  that:-

“the  will  and  consent  often  interlace  and  an  act  done  against  the  will  of  the person  can  be  said  to  be  an  act  done  without  consent,  the  Indian  Penal  Code categorizes  these  two  expressions  under  separate  heads  in  order  to  as comprehensive as possible.”

“In the rape case, it is held by the supreme court that the court shall presume that the victim did not consent to the sexual intercourse”. In Deepak  v.  State  of Haryana cited Section 114-A of the Indian Evidence Act. It is:- 

“In  a  prosecution  for  rape  under   sub-section  (2)  of  section  376  of  the IPC, where sexual intercourse by the accused is proved and the question  is  whether  it  was  without  the  consent  of  the  woman  alleged  to  have been  raped  and  such  woman  states  in  her  evidence  before  the  court.  That  she did not consent, the court shall presume that she did not consent[2].”

Section 376  deals with the punishment of rape and Section 376 (2)(G)  defines the Gang Rape. It is inhumane thing to do, Rape is not just against a girl or her family, but against the whole society. The  Hon’ble  Supreme court  in  Pushpanjali  Sahu  v.  State  of  Orissa,  has held that :-

“Sexual  violence is  not  only  an  unlawful  invasion  of  the  right  of  privacy  and  sanctity  of  a woman  but  also  a  serious  blow  to  her  honour.  It  leaves  a  traumatic  and humiliating  impression  on  her  conscience,  offending  her  self-esteem  and dignity, rape  as  not  only  a  crime  against  the  person  of  a  woman,  but  a  crime against  the  entire  society.  It  indelibly  leaves  a  scar  on  the  most  cherished possession  of  a  woman  i.e.  her  dignity,  honour,  reputation  and  not  the  least her  chastity.  It  destroys  the  entire  psychology  of  a  woman  and  pushes  her  into deep  emotional  crisis”. 


While Indian legislation bans abduction and kidnapping, more than 100,000 cases of abduction and kidnapping have occurred in India since 2005. Individuals have been ready to take benefit of the young age of minors and kidnap to exploit them to compel them to perform horrible acts. Such crimes are a violation of civil dignity and democracy and must be stopped. “Section 359 to 374” of IPC provides punishments to these types of offences. Kidnapping in its broadest sense happens when a victim is taken away by coercion or deception with the intention of manipulating the abduction. “It is further divided into two categories under Section 359 which are:

a)    Kidnapping from India (Section 360)

b)    Kidnapping from lawful guardianship (Section 361)”.

Abduction is defined u/s 362[3]  i.e. “if a person causes another person to move from one place to another or induces a person to move from one place to another, crime of abduction is committed”. In a more limited way, it is often limited to female relationships, concubines, or trafficking. In the case of Thakorilal D. Vadgama v. the State of Gujarat, it was held that

” Section 366 of the IPC seeks to protect a minor child from being seduced to illicit activities and so any kind of inducement or enticing which brings the minor out of the keeping of their guardian will be considered as kidnapping. Hence, a minor’s acceptance to leave her parents and having intercourse with kidnappers is not enough to absolve the person from liability”.

In the case of the State of Haryana v. Raja Ram, it was held that

“keeping under section 361 connotes the idea of charge, maintenance, protection and control. It was also held that the consent of minors is immaterial and lawful guardian is a wider term as compared to legal guardian”. 

Since 2002, the amount of  “kidnappings and abductions” of women and young girls has risen by 163.8%. “Serious offences or offences under the Indian Penal Code ( IPC) have risen by about 34 per cent during the last 10 years, to around 1.7 million in 2002 to 2.4 million in 2012. In a yearly basis, violent incidents jumped by 3% relative to the prior year’s 2.3 million”. In 44% of cases involving the kidnapping or abduction of females, the cause was not specified.

The highest number of people kidnapped or abducted was between 18 and 30 years of age (21,924 people) and between 16 and 18 years (20,838 victims). Child prostitution is also rampant in many parts of India. According to ChildLine India, “more than 40,000 children are abducted last year”. Unfortunately, about 11,000 of these incidents remain untracked. New Delhi has an especially massive amount of kidnappings in India. “The National Crime Records Bureau (NCRB) shows that their share in total crimes against women nearly doubled from 10% in 2001 to 19% in 2016.”

3. DOWRY DEATH:- Dowry continues to be the primary justification for sexism and inequality against women in India. If the demands of the dowry are not fulfilled, the young bride will have significant repercussions. The “Dowry Prohibition Act of 1961” represents the first effort by the Government of India to recognise dowry as the evil activity and to put a stop to its activity. It is crazy, though, to see that even amongst all highly educated people sections, dowry online articles are proudly displayed in marriage as a sign of prestige. Dowry violence is on the rise in India. Dowry is one of the social sins that no trained woman is proud to own, and many nevertheless stick to it.

 In 2016, over than 7.1 thousand registered cases of dowry death in India. This was a steady decline from 2014, with a figure of about 8.5 thousand and a decline to 7,000 in 2018. Even if the cases of Dowry are  gradually decreasing, it does not mean that there’s no women out there who is not suffering because of this. “It is also shown that, as further strain is being placed on the bridesmaid’s parents, their dear daughter has no other choice but to commit suicide in order to prevent more insults and abuse at the mercy of the members of her husband’s family, however, when the deaths are caused by the burning of the bride, the evidence itself is generally lost in flames.”

4. SEXUAL HARRASSMENT:- Sexual assault happens where the intent or result of unwelcome behaviour is to abuse the privacy of an individual and to create a threatening, aggressive, disrespectful, embarrassing or offensive atmosphere for an individual. It may take the form of acts, movements, spoken or written sentences, photographs, etc. It can include text messages, e-mails, phone calls or other electronic or social media interactions. “Sexual assault should include giving special care in return for sexual desires. Crucial to efforts to prevent sexual harassment seems to be the rapidly increasing recognition of sexual harassment as a form of violence towards women that also violates women’s human rights.”

“A 2005 report by the International Labour Organization  indicates that sexual harassment is more prevalent against women who are more vulnerable, such as young women, separated, widowed or divorced women, women employed in non-traditional or male-dominated professions, women working in informal sectors of the economy, or migrant workers.”

5. Molestation:-  Section  354 deals  with  offence  of  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 with imprisonment of either description for a term which shall not be less  than  one  year  but  which  may  extend  to  five  years,  and  shall  also  be  liable to fine.”

The  Supreme  Court  in  Raju  Pandurang  Mahale  v.  State  of Maharashtra  has  defined  what  constitutes  an  outrage  to  female  modesty. The  apex  court  observed  that  “the  essence  of  a  woman’s  modesty  is  her  sex”. In  Ram  Kripal  v.  State  of  Madhya  Pardesh,  The  Supreme  Court observed that the essential ingredients of offence under Section 354 IPC are:

(a) That the assault must be on a woman.

(b) That the accused must have used criminal force on her.

(c)  That  the  criminal  force  must  have  been  used  on  the  woman intending thereby to outrage her modesty.

Incidents of assault on women with intent to outrage her modesty in the country have increased by 56.0% during 2013 over the previous year (45,351 cases).  Madhya  Pradesh  has  reported  the  highest  incidence  (8,252  cases)  followed  by Maharashtra (8,132 cases), amounting to 11.7% and 11.5% of total such incidences. Delhi UT has reported the highest crime rate (40.0) as compared to the national average of 11.9 and the cases of modesty against women are still increasing at very alarming rate.

There are also other major crimes against women which are increasing at alarming rate and it can decrease when the society will make effort to reduce the crime.

[1] Shakthe Sharavana, CRIME AGAINST WOMEN – AN INDIAN SCENARIO, 45-51 (2015).

[2] Amended by Criminal Law (Amendment ) Act, 2013 (13 of 2013), §. 26

[3]  Penal Code, §362.

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You may also like to read:

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Sexual Violence in India

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