ABSTRACT

Law is a normative science which changes with the facts, interpretation.

It is natural science. Every decision has a human touch. Every crime is
conceived in a guilty mind. “ ACTUS NON FACIT RENUM NISI MENS SIT
REA” An act without guilty mind is not a crime. There are different
offences affecting human body like culpable homicide, murder, hurt,
grievous hurt, kidnapping, wrongful restraint, wrongful confinement
etc.
KEY WORDS-INTERPRETATION, GUILTY MIND, CRIME, MURDER, CULPABLE
HOMICIDE, HURT, GRIEVOUS HURT .
DECLARATION

I hereby certify that the work which is being presented in the project entitled
“OFFENCES AGAINST HUMAN BODY” submitted in the SANT GAHIRA GURU
UNIVERSITY,SURGUJA,AMBIKAPUR is an authentic record of my own work carried
under the supervision of …………………………………………….This study has not been
submitted to any other institution or university for the award of any other degree.

VIKAS SINGH
LL.M. 1ST SEMESTER
ACKNOWLEDGEMENTS

I would like to thank my Professor-in-charge,……………………………………… for guiding

me throughout the course of this assignment. .…….was there to help me every step of the way,
and her motivation is what helped me complete this assignment successfully. I thank all the
teachers who helped me by providing the equipment that was necessary and vital, without which
I would not have been able to work effectively on this assignment.

I would also like to express my sincere gratitude to my friends and parents, who stood by me and
encouraged me to work on this assignment.

Vikas singh
LL.M. I semester
OBJECTIVES

The present study is a modest attempt in this direction with the following objectives:

 To understanding the law.

 To understanding criminal liability.
 To understanding the range of offences.
 To understanding the Bhartiya Nyaya sanhita.
 To learning about the legal frame work for justice.
 To understanding social and moral values.

RESEARCH METHODOLOGY

This project work is a doctrinal research work. This is descriptive-cum-analytical in approach. It

is largely based on secondary & electronic sources of data. Books & other references as guided
by faculty of criminal law are primarily helpful for the completion of this project.
TABLE OF CONTENTS
 Introduction ………………………………………………………………………………………………………
 Offences against the human body……………………………………………………………………..
o Culpable homicide (Section 100)

 Definition

 Leading case laws related to culpable homicide

o Murder (Section 101)…………………………………………………………………………………………

 Culpable homicide amounting to murder

 When culpable homicide doesn’t amount to murder

 Exceptions

o Distinction between murder and culpable homicide…………………………………………..

o Culpable homicide by causing the death of a person other than the person whose
death was intended ……………………………………………………………………………………………….

o Dowry death………………………………………………………………………………………………………….

o Hurt (Section 114-125)……………………………………………………………………………………….

 Simple hurt(section 114)

 Grievous hurt (Section 116)

 Voluntarily causing hurt (Section 115(1))

 Hurt (Section 122(1) or Grievous hurt (Section 122(2) on provocation

o Wrongful confinement (Section 127(1)…………………………………………………………….

o Wrongful restraint (Section 126(1-2)………………………………………………………………

o Criminal force (Section 129)………………………………………………………………………………

o Assault……………………………………………………………………………………………………………….

o Difference between criminal force, assault and hurt………………………………………………

o Harassment ………………………………………………………………………………………………………….

 Sexual harassment and punishment for sexual harassment : Section 75

 Vishaka vs. State of Rajasthan (1997)

 Assault or use of criminal force to woman with intent to disrobe : Section 76

 Voyeurism : Section 77
  Stalking : Section 78

o Kidnapping (Section 137(1-2)…………………………………………………………………………………….

o Abduction (Section 138)…………………………………………………………………………………………….

o Sexual offences (Section 63-79)…………………………………………………………………………

 Rape………………..

o Debate on marital rape……………………………………………………………………………………………

 Arguments against the criminalization of marital rape………

 Arguments for the criminalization of marital rape……….

o Gang rape ……………………………………………………………………………………………………………..

o Unnatural offences (Section 377)………………………………………………………………………….

o The constitutional validity of Section 377……………………………………………………………..

 Criminal Law Amendment Bill, 2019 ………………………………………………………………………………….

 Punishments for offences against the human body……………………………………………………………..

o Capital punishment ………….

o Imprisonment………….

 Simple Imprisonment ……….

 Rigorous Imprisonment ………….

 Imprisonment for life …………

o Forfeiture of property………….

o Fine………….

 Prevention of crimes : the way forward……………………………………………………………………………….

o Governmental intervention………….

 Coordination………….

 Role of executives…………….

 Human rights instruments…………..

 Commitment…………..

 Accountability……………..

 Policies and programmes…………..

o Non-Governmental intervention…………………
  Conclusion……………………………………………………………………………………………..
 Reference …………………………………………………………………………………………….

Introduction
‘Offences against the human body’ encompasses a wide range of criminal offences that typically
entail bodily violence, the fear of bodily harm, or other actions taken against an individual’s will.
Section 100 to 146 and 63 to 79 lays down several offences relating to the human body and
relating to sexual offences.
According to section 2(26) of the BNS ACT, 2023, the word ‘person’ includes any company or
association or body of persons, whether incorporated or not. Further the term ‘men’ and
‘women’ is defined in section 2(19)(35) of theBNS ACT, 2023. The word ‘man’ denotes a male
human being of any age and the word ‘woman’ denotes a female human being of any age.
These crimes are usually perpetrated by inflicting physical harm or using force on another
person. The nature of such offences is usually divided into four categories, they are:
1. fatal,
2. non-fatal,
3. sexual, and
4. non-sexual.
Culpable homicide and murder, assault and criminal force, deprivation of liberty, sexual offences
(rape), domestic violence, are some of the instances of crimes against the human body.
Offences against the human body
Culpable homicide (Section 100)
 The word ‘homicide’ is a combination of two Latin words: homo and cido. Homo signifies
human, and cido denotes human killing. Homicide is defined as the killing of a person by
another person. Homicide might be lawful or unlawful. Lawful homicide refers to
instances in which a person who has caused the death of another person cannot be held
responsible for that person’s death. For example, when exercising one’s right to private
defence (Section 96) or in other cases described in chapter III of the General Exceptions
of theBNS ACT, 2023, viz Section 14 to 44.
  In English law, culpable homicide is referred to as manslaughter. Second-degree murder
is the legal term in the United States, whereas murder is referred to as first-degree
murder.
 There are two types of culpable homicide:
1. Culpable homicide that does not rise to the level of murder (Section 100).
2. Culpable homicide amounting to murder (Section 101).
 Culpable homicide, as defined in Sections 100 and 101, refers to the extra elements that
render culpable homicide a murder. The definition emphasises both the physical and
mental elements of an act committed with the aim of causing death, or with the
knowledge that the act he or she is about to do will kill someone, or will cause such
bodily or physical injury that will result in a person’s death.
 Culpable homicide and murder are both cognizable offences that are not bailable or
compoundable. Both can only be tried in a court of session.
Definition
As per Section 100 of the BNS ACT, 2023, “Whoever causes death by doing an act with the
intention of causing death, or with the intention of causing such bodily injury as is likely to cause
death, or with the knowledge that he is likely by such act to cause death, commits the offence of
culpable homicide”.
The following basic characteristics of culpable homicide are discerned from the examination of
Section 100:
1. The accused must have done an act.
2. The act must have been done with one or more of the following intentions or
knowledge:
 The intent to kill someone.
 The intention to cause bodily injury that is likely to result in death.
 The knowledge that death is likely to result.
3. The victim must have died as a result of the actions of the accused.
Illustration: A is aware that Z is hiding behind a bush. B is completely unaware of this. A causes B
to fire at the bush with the intent of causing, or knowing that it is likely to cause, death. Z is
killed by B’s fire. In this case, B may have committed no crime, but A has committed culpable
homicide.
Leading case laws related to culpable homicide
In the case of Re: Palani Goundan vs. Unknown (1919), the accused struck his wife in the head
with a plough, which, while not demonstrated to be a blow likely to cause death, rendered her
unconscious, and believing her to be dead, the accused strangled her on a beam with a rope,
thus, causing her death by strangling. The defendant was found not guilty of culpable homicide,
instead, he was found guilty of grievous hurt by the Court.
In the case of Joginder Singh vs. State of Punjab (1979), a person who was being pursued was
found not guilty of culpable homicide. When a man was being pursued in an open field by his
enemies, who had already killed one of his relatives in the incident, he jumped into a well to
save himself and died in the process, it was determined that the accused’s actions did not
constitute an act done with the intent or knowledge specified in Section 299 of theIPC 1860,
and they were acquitted.
Murder (Section 101)
Culpable homicide amounting to murder
Culpable homicide amounting to murder is dealt with under Section 101. In other words, the
Section stipulates that in some circumstances, culpable homicide constitutes murder. As a
result, in order to be categorised as murder, an act must first meet all of the criteria for culpable
homicide.
Section 101stipulates that, unless in the following circumstances, culpable homicide constitutes
murder:
 when an act is committed with the intent to kill someone. for murder, a high level of
intention is required. there must be intent present, and that desire must be to cause the
person’s death, not just injury or serious harm without the intent to kill.
 Causing physical harm that the criminal knows would result in death. The second
scenario involves an offender who has particular knowledge of the victim’s health and
utilises that knowledge to damage the victim in such a way that the person dies. For this,
one can refer to Section 101 which states that the perpetrator ‘knows to be likely to
cause the death,’.
 Bodily harm that results in death in the natural course of things. These instances include
acts involving bodily injury that, in the normal course of events, would result in the
person’s death.
 Committing an impending risky act for no valid reason would result in death or physical
damage that would result in death. This category includes acts that are so dangerous
that if they are committed, they will result in death or bodily injury that will result in the
death of a person, and they are done without any legal justification.
When culpable homicide doesn’t amount to murder
1. In the following situations, culpable homicide would not be considered murder:
 Culpable homicide would not be considered murder if it did not meet the additional
standards of the corresponding clause of Section 101.
 If a culpable homicide occurs within one of the five exceptions to Section 101, it is not
considered murder.
2. The exceptions to Section 101 are listed below.
 Grave and sudden provocation.
 Exceeding in the exercise of the right of private defence.
 Public servant exceeding powers given to him by law.
 Causing death in a sudden fight, without premeditation.
 Consent of the deceased above the age of 18.
Exception I
Grave and sudden provocation
Culpable homicide will not amount to murder if the offender loses his or her ability to control
himself or herself as a result of the grave and sudden provocation and kills the person who
provoked him or her or any other person by mistake or accident. It just lowers the risk of being
charged with a crime. There is no absolute immunity from criminal culpability.
In the KM Nanavati vs. State of Bombay (1961), also known as the Nanavati case, the Supreme
Court held that-
 In India, certain words and actions might provoke serious and unexpected provocation.
 When the plea is for grave and abrupt provocation, the mental backdrop produced by
the victim’s earlier acts may be considered.
 The nature of the victim’s act must also be taken into account. The court must
determine whether a reasonable man from the same social class as the accused, if
placed in the same situation, would be subjected to natural provocation to the point of
losing his self-control.
 The fatal blow should be clearly traceable to the provocation-induced rage. After the
passion has died down, a lethal blow cannot be used as the basis for a sudden and grave
provocation. The advantage of exception 1 cannot be awarded when there was time and
scope for premeditation and calculation.
Exception II
Exceeding the limits prescribed by law in the exercise of the right of private defence in good
faith
Culpable homicide will not amount to murder if the offender, in the exercise of a right of private
defence of person or property in good faith, exceeds the power granted to him by law and kills
the person against whom he exercises the right.
The benefit of the exception can be obtained if it is also demonstrated that the criminal caused
the death in question without premeditation or with the aim to cause more harm than is
required.
Exception III
Public servant exceeding powers given to him by law
 Culpable homicide will not amount to murder if the perpetrator while acting as a public
servant or assisting a public servant in the pursuit of public justice, exceeds the authority
granted to him by law and causes death.
 The benefit of the exception can only be claimed if the act was done in good faith and in
the belief that it was legal and essential in the proper discharge of his duties. It must also
be demonstrated that the criminal had no enmity against the deceased.
Exception IV
Death caused as a result of a sudden fight
1. Culpable homicide will not amount to murder if it is performed in the heat of passion
during a sudden quarrel and without the offender taking advantage of the situation or
acting in a cruel or unusual manner.
2. It makes no difference who provokes or conducts the assault in this case.
Exception V
Consent of the deceased above the age of 18
Culpable homicide will not amount to murder if the person who is killed is over the age of 18
and suffers or risks death with his or her own consent.
Distinction between murder and culpable homicide
1. The degree of criminality is the main distinction between murder and culpable
homicide. In the instance of murder, the level of criminality is higher than in the case of
culpable homicide.
 2. Every homicide is first and foremost a responsible homicide. However, not every
culpable homicide is murder. To put it another way, responsible homicide is a genus,
whereas murder is simply a species.
3. The term ‘murder’ has been defined under Section 101. It is illegal under Section 103 of
the Criminal Code. Culpable homicide is a less serious crime that is penalised under
Section 105 of the BNS ACT, 2023.
4. There is a narrow line between culpable homicide and murder, yet it is discernible. The
important words contained in the separate clauses of Section 101 must be noted in
order to identify the two offences.
5. In the State of Andhra Pradesh vs. R. Punnayya (1975), it was held that-
 There are three degrees or types of culpable homicide recognised by the Code.
 In Section 300, culpable homicide in the first degree is defined as murder. It is the most
serious type of culpable homicide.
 Second-degree culpable homicide is known as culpable homicide. It is penalised
under Section 304, Clause I.
 The lowest level of culpable homicide is a culpable homicide in the third degree. It is
penalised under Section 304, Clause II.
 The courts must first determine whether the death in question was caused by the
accused’s actions. If the accused’s actions are affirmative, Section 300 should be
considered.
Culpable homicide by causing the death of a person other than the person whose death was
intended
Under Section 301 of the IPC 1860-
 The accused must have planned or known that his or her actions were likely to result in
death.
 The act must have resulted in the death of a person, even if the offender had no
intention or knowledge that the act would result in the death of a person who was
actually murdered.
 In the foregoing situation, the accused would face the same punishment as if he had
killed the person whose death he intended, knew, or was likely to kill.
 The Doctrine of transferred malice is the broad name for the notion enshrined in Section
301. According to this doctrine, when a person does injury to a different object than the
 one he intended due to an accident or error, thereby causing death, he is criminally
liable for the offence.
 A person whose case falls under Section 301 will be penalised under Sections 302 or
304, depending on the situation.
Dowry death
This is a crime that is committed against a lady. Dowry is a crime that has existed in Indian
civilization for hundreds of years, and despite several efforts, this evil has not been totally
abolished. The word ‘dowry’ under Section 80 of the BNS ACT, 2023 has the same meaning as
in Section 2 of the Dowry Prohibition Act,1961, which defines the word as any property or
valuable security given or agreed to be given directly or indirectly
1. by one party to a marriage to the other party to a marriage; or
2. by the parents of either party to a marriage, or by any other person to either party to
the marriage; or
3. by any other person to either party to the marriage,
at or before, or any time after (on three occasions) the marriage in connection with the said
parties’ marriage.
By Section 80, to construct a case of dowry death, a woman must have died of burns or other
physical injuries or otherwise under normal circumstances within seven years of her marriage.
She should have been subjected to brutality or harassment by her husband or in-laws in
connection with a dowry demand shortly before her death.
In the case of Kamesh Panjiyar vs. State of Bihar (2005), the Supreme Court stated the key
ingredients of dowry death (Section 304B, IPC) as follows:
 A woman’s death should be caused by burns, physical injuries, or some other unusual
event.
 She should have died during the first seven years of her marriage.
 Her husband or a relative of her husband must have treated her cruelly or harassed her.
 Such cruelty or harassment should be in response to or in conjunction with a dowry
demand.
 It must be proven that the lady was subjected to such brutality or harassment shortly
before her death.
Hurt (Section 114 -125)
Hurt, which may be simple or grievous, is one of the many offences against the human body.
  Sections 114 -125 deal with injury and its many forms.
 The term ‘injury’ is defined in 114, whereas, Section 116 specifies the types of injuries
that have been categorised as grievous
Simple hurt
Section 114 defines simple hurt according to which whoever causes bodily pain, disease or
infirmity to any person is said to cause hurt.
The term ‘bodily pain’ indicates that the pain must be physical rather than mental. As a result,
inflicting mental or emotional harm on someone will not be considered ‘injury’ under Section
114. However, there is no requirement that the victim suffers any visible injuries in order to fall
under this clause. Anyone who causes bodily discomfort, sickness, or disability to another
person is considered to inflict injury, according to Section 114 of the BNS ACT, 2023.
Essential Ingredients
i. Bodily pain, disease, or infirmity must be inflicted
Bodily pain is a type of harm with the exception of minor harm for which no one would object.
Pricking someone with a pointed item such as a needle, hitting someone in the face, or pulling a
woman’s hair are some examples of bodily pain. It makes no difference how long the suffering
lasts. When anybody’s organ is unable to operate regularly, it is referred to as infirmity. It might
be either transitory or long-term. It also encompasses mental states like hysteria or panic.
ii. It must be the result of the accused’s own free will
The accused, in Marana Goundan vs. Unknown (1940), wanted money from the deceased,
which he owed him. The deceased stated that he would pay later. The accused then kicked him
in the abdomen, causing the victim to collapse and die. The accused was found guilty of causing
bodily harm since there was no evidence that he intended or understood that kicking on the
abdomen would risk life.
Grievous hurt (Section 116)
The following kinds of hurt only are designated as grievous:
1. Emasculation (making a person sexually incapable or weak).
2. Loss of vision in one eye for the rest of one’s life.
3. Permanent loss of hearing in one or both ears.
4. Any member or joint being privatised.
5. Destruction or permanent impairment of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
 7. Fracture or dislocation of bone or tooth
8. Any injury that puts the sufferer’s life in jeopardy or renders him unable to pursue his
normal activities for a period of twenty days due to significant bodily pain.
Voluntarily causing hurt (Section 115(1))
1. As per Section 115(1), anyone who does anything with the intent of inflicting harm to
another person and succeeds in doing so voluntarily commits hurt.
2. Such an act must have been committed:
 with the intent of causing harm; or
 with the intent of causing harm to anyone.
The offence under Section 115(1) is punishable under Section 323 (either one year in prison or a
fine of up to Rs. 1000/-, or both). It’s non-cognizable, bailable, compoundable, and a Magistrate
can try it.
Hurt (Section122(1)) or Grievous hurt (Section 122(2)) on provocation
Section 122(1) describes the circumstances in which harm is produced as a result of
provocation. If the voluntary causation of harm is related to the grave and abrupt provocation,
the penalty may extend to one month of jail or a fine of Rs. 500/-, or both.
1. Anyone who does anything with the goal of causing grievous harm to another person
and succeeds in doing so freely causes grievous harm.
2. A person who knowingly causes terrible harm to another person and then causes
grievous harm to that person is said to have freely caused grievous harm.
1. The accused must have committed some sort of crime.
2. Such an act must have been committed:
 With the intent to cause grievous harm; or
 Knowing that harm was likely to result; and
 Must have caused serious harm to any person as a result.
Under Section 122(2) of the BNS ACT, 2023, if the voluntarily giving of serious harm is related to
the grave and abrupt provocation, the penalty will be reduced to either four years of
imprisonment or a fine of Rs. 2000/-, or both.
Wrongful confinement (Section 127(1))
According to Section 127(1) of the BNS ACT, 2023, whoever wrongfully restrains any person in
such a manner as to prevent that person from proceeding beyond certain circumscribing limits,
is said ‘wrongfully to confine’ that person.
Illustration
1. A moves Z into a walled location and locks him there. As a result, Z is unable to move
beyond the wall’s circumscribing line in any direction. Z is wrongly imprisoned by A.
Essential ingredients
 Unlawful restraint of a person, and
 The restraint must be aimed at preventing that person from going beyond specific
circumscribing bounds beyond which (s)he has the legal right to go. There must be
complete restraint, not partial restraint.
Section 127(2) discusses the punishment for wrongful confinement. Under Section 127(2),
whoever wrongfully confines any person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.
The victim in the case of Deep Chand vs. State of Rajasthan (1961) was the son of a wealthy
businessman. Two masked guys entered his apartment one day, one of them was armed with a
revolver. If he made any noise, the two people threatened to shoot him. They led him outside,
where two camels awaited his arrival. A cloth was draped over the victim’s face. They rode him
on a camel for a distance before transporting him to the accused’s home, where he was held
for 17 days. He was obliged to write three letters to the victim’s father demanding a ransom of
Rs 50,000. They released the victim after the ransom was paid. Following that, the offenders
were identified and charged under Sections 347, 365, 382 and 452 of theIPC 1860 .
Wrongful restraint (Section 126(1))
As per Section 126(1), wrongful restraint is defined as, 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.
Illustration
A blocks a path that Z has the right to use, despite A’s good faith belief that he has the right to
do so. As a result, Z is unable to pass. Z is illegally restrained by A.
Punishment for wrongful restraint
Section 126(2)– Whoever wrongfully restrains another person shall be punished by simple
imprisonment for a period not exceeding one month, or a fine not exceeding five hundred
rupees, or both.
Essential ingredients
Wrongful restraint is defined under Section 126(1). The following are the basic elements of
wrongful restraint:
 A person’s voluntary obstruction, and
 the obstruction must be such that it prevents the person from advancing in any direction
in which he has a right to proceed.
A mother and a 13-year-old child were summoned to the police station for questioning in Raja
Ram vs. State of Haryana (1972). The provision to Section 160 of the Criminal Procedure
Code states that no woman or male under the age of 15 should be summoned to the police
station for questioning. Instead, they must be questioned in their current location. The accused,
a police officer, was found guilty of violating Section 160 of the Criminal Procedure Code. In light
of this, the detention of a woman and a 13-year-old child in a police station was deemed unjust
restraint. The accused was found guilty under Section 341, but not under Section 342 of the IPC
1860 .
Criminal force (Section 129)
According to Section 129, anyone who intentionally uses force against another person without
that person’s consent in order to commit an offence, or intends or knows it is likely that by using
such force, he will cause injury, fear, or annoyance to the person to whom the force is applied, is
said to use criminal force against that other.
Illustration
(a) Z is seated in a moored riverboat. A purposely loosens the moorings, causing the boat to
wander down the stream. Here A causes the motion to Z on purpose, and he does so by
disposing of chemicals in such a way that the motion is produced without the involvement of
anyone else. A has so knowingly used force against Z; and if he has done so without Z’s
agreement, in order to commit any offence, or intending or knowing that this use of force will
likely cause hurt, fear, or irritation to Z, A has used criminal force against Z.
Essential ingredients
In English law, criminal force is analogous to ‘battery,’ which refers to the intentional infliction of
force by one person on another without their assent.
 The use of force as defined by Section 128;
 such force must be used purposefully;
 the force must be used in order to commit an offence against a person; and
 the force must have been used without the will of the person against whom it is used.
  the force must be used with the intention to cause injury, fear or annoyance to the
person against whom it is used.
Assault
By Section 130, whoever makes any gesture or preparation with the intent or knowledge that
such gesture or preparation will lead any person present to suspect that he or she is about to
use criminal force against that person is said to have committed an assault.
Illustration
1. A shakes his fist at Z, intending or knowing that doing so will likely lead Z to assume A is
preparing to strike Z. In this case, A has committed an assault.
Essential ingredients
The following are the essential elements of assault:
 the accused makes a gesture or preparation to use criminal force;
 such gesture or preparation is made in the presence of the person in respect of whom it
is made;
 the accused has the intention or knowledge that such gesture or preparation will cause
apprehension in the victim’s mind that criminal force will be used against him; and
 such a gesture or preparation has a physical effect on the victim.
Difference between criminal force, assault and hurt
In theBNS ACT, 2023, the terms ‘assault,’ ‘criminal force,’ and ‘injury’ have different meanings
and definitions. An assault is nothing more than a threat of violence that demonstrates a
willingness to use unlawful force and the potential to do so. When force is used, it transforms
into criminal force. Now, criminal force is defined as the act of creating motion, change of
motion, or stoppage of motion without the agreement of the person in order to commit an
offence or with the intent to cause or knowledge that it will cause injury, fear, or irritation. For
instance, a man who inappropriately wraps his arms around a lady’s waist, squirts water at a
person, or orders a dog to attack a person uses illegal force without really inflicting bodily harm
or injury is said to have committed the offence of criminal force. However, if the use of such
unlawful force results in the infliction of bodily suffering or injury, it will be considered a ‘hurt’,
which is an offence under Section 115(2) of the BNS ACT, 2023.
Harassment
The act of any criminal force perpetrated on a woman with the aim to insult her modesty is
covered by Section 354 of the IPC 1860. The Criminal Law Amendment Act (2013) expanded the
scope of Section 354 by including four additional provisions. Section 354A, Section
354B, Section 354 C, and Section 354 D are the novel Sections. In the case of State of Punjab vs.
Major Singh (1966), the Supreme Court observed that ‘Outraging the modesty of a woman is a
crime- indecent behaviour, not the woman’s age, is the test to define the offence of outraging
the modesty punishable under section 354, IPC.’
 Section 75: Sexual harassment and punishment for sexual harassment
 Section 76: Assault or use of criminal force to woman with intent to disrobe
 Section 77: Voyeurism
 Section 78: Stalking
Sexual harassment and punishment for sexual harassment : Section 75
A male who engages in any of the following behaviours:
 Unwelcome and explicit sexual overtures; or
 A request or demand for sexual favours; or
 exposing a woman to pornography against her will; or
 Making sexually tinged comments.
shall be held responsible for sexual harassment.
Any man who commits the crime described in clauses (i), (ii), or (iii) of paragraph (1) must be
punished by rigorous imprisonment for a term of up to three years, or by a fine, or both.
Any person who commits the crime described in paragraph (iv) of subsection (1) must be
punished by imprisonment of any type for a term up to one year, a fine, or both.
Vishaka vs. State of Rajasthan (1997)
Vishaka vs. State of Rajasthan (1997) is a Significant case dealing with the heinous crime of
sexual harassment of a woman at the workplace. The key question was whether the enactment
of rules was required to safeguard women from sexual harassment at work. The court said that
under Articles 14, 19(1)(g) and 21 of the Indian Constitution, every profession, trade, or
vocation shall provide employees with a safe working environment. It impeded the right to life
as well as the right to a dignified life. The Supreme Court ruled that women had a basic right to
be free from workplace sexual harassment. It also outlined a number of critical principles for
employees to follow in order to avoid workplace sexual harassment of women. Finally, in 2013,
the Sexual Harassment of Women at Workplace Act, 2013 was implemented, bringing to light a
number of much-needed protections.
Assault or use of criminal force to woman with intent to disrobe : Section 76
This provision clearly specifies that a male who uses criminal force to disrobe (undress) a
woman will be punished for a prescribed period of time. A violation of this section is similarly a
cognizable offence, although it is not punishable by imprisonment.
Voyeurism : Section 77
Any man who watches, captures the image of a woman engaged in a private act in
circumstances where she would normally expect not to be observed either by the perpetrator
or by any other person at the perpetrator’s behest, or disseminates such image shall be
punished on first conviction with either description for a term not less than one year, but not
more than three years, and shall also be liable to fine. On a second or subsequent conviction,
the offender shall be sentenced to imprisonment of either kind for a period of not less than
three years, but not more than seven years, as well as a fine.
Stalking : Section 78
Anyone who-
 Follows a woman and constantly contacts or seeks to contact her in order to encourage
intimate relationship, despite her evident indifference; or
 Keeps track of a woman’s internet, email, or other forms of electronic communication;
Commits the offence of stalking.
Kidnapping (Section 137(1)-137(2))
Kidnapping, in any form, restricts an individual’s freedom. It essentially infringes on the right to
life given by Article 21 of the Indian Constitution as well as human rights. It instils fear in
people’s minds and has a negative impact on civilised society.
As per Section 137(1) of the BNS ACT, 2023, kidnapping is of two kinds: kidnapping from India,
and kidnapping from lawful guardianship.
As per Section 137(1)(A), kidnapping from India is said to be committed when one person
conveys any person beyond the limits of India without the consent of that person, or of some
person legally authorised to consent on behalf of that person.
As per Section 137(1)(b), kidnapping from lawful guardianship is said to be committed when
one person takes or entices any minor under sixteen years of age if a male, or under eighteen
years of age if a female, or any person of unsound mind, out of the keeping of the lawful
guardian of such minor or person of unsound mind, without the consent of such guardian.
Essential ingredients
 Taking or enticing away a minor or a person of unsound mind;
  such a minor must be under the age of sixteen years, if a male, or under eighteen years,
if a female;
 the taking or enticing away must be out of the custody of the minor’s or person’s lawful
guardian; and
 such taking or enticing away must be without the consent of the guardian.
In S Varadarajan vs. State of Madras (1964), a girl approaching majority willingly left her father’s
house, made plans to meet the accused at a specific location, and went to the sub-office of the
registrar where the accused and the girl signed a marriage agreement. There was no proof that
the accused had taken her out of her parents’ legal care because the accused had played no
active role in persuading her to leave the residence. It was decided that there was no evidence
of an offence under this Section.
Abduction (Section 138)
Under Section 138 of the BNS ACT, 2023, whoever by force compels, or by any deceitful means
induces, any person to go from any place, is said to abduct that person.
Essential ingredients
 Forcible compulsion, or inducement by deceptive means, and
 The intention of such compulsion or inducement must be the removal of a person from
any location.
Force
The term ‘force’, as defined in Section 128, IPC, refers to the use of actual force, not just the
threat or display of force. As per this Section, it would be kidnapping if an accused threatened
the prosecutrix with a pistol to force the victim to accompany him.
Deceitful means
Inducing a person to leave a location through deception is also a crime under this provision. As
an alternative to ‘use of force,’ deception is deployed. As a result, a person can use force to
compel, or alternatively, deceive, another person to leave a location. In either case, it is
regarded as kidnapping.
To go from anywhere
Compelling or convincing a person to leave any location is an important part of abduction. It
does not have to be from a lawful guardian’s custody, as in the case of kidnapping. Abduction,
unlike kidnapping, is a continuous crime. When a person is removed from India or from the
legitimate custody of a guardian, the crime of kidnapping is committed. However, in the
instance of abduction, a person is abducted not only when he is taken from one location to
another, but also when he is transported from one location to another.
The punishment for kidnapping is covered under Section 137(2) of the BNS ACT, 2023. It states
that anyone who kidnaps any person from India or from lawful guardianship will suffer
imprisonment of a term which may extend to seven years, and shall also be liable to pay a fine.
Sexual offences (Section 63-71)
Rape
According to Section 63 of the BNS ACT, 2023, sexual intercourse must occur under one of the
six clauses. When a man has sexual intercourse with a woman:
 against her will; or
 without her consent; or
 with her consent by putting her in fear of death or harm; or
 with her consent, when the man knows that he is not her husband and that her consent
is given because she believes he is another man to whom she is lawfully married; or
 with her consent, if she is unable to understand the nature and consequences of that to
which she consents due to insanity, intoxication, or the administration by him personally
or via another of any stupefying or unwholesome substance at the time of such consent;
or
 with or without the consent of a woman under the age of fourteen.
The Apex Court declared clearly in TulshidasKanolkar vs. State of Goa (2003), that consent
granted by a mentally challenged girl cannot be called ‘consent’ for sexual intercourse since she
is incapable of understanding the ramifications of her approval.
Debate on marital rape
The act of sexual intercourse with one’s spouse against the will of the spouse is known as
marital rape. Around the globe, 140 of 195 countries have already made marital rape a criminal
offence. The United States, the United Kingdom, Germany, France, Australia, and Russia are
among the countries on the list. India is one of the few nations where marital rape is not illegal.
Its legal roots may be traced back to Section63 of the BNS ACT, 2023, which deals with rape and
has an “exception” that states, “Sexual intercourse by a man with his own wife if the wife is not
under the age of fifteen years, is not rape.”
In March 2000, the Law Commission of India issued its 172nd report on “Review of Rape Laws,”
which stated that it would not propose the elimination of the exemption clause in Section 375
[now BNS 2023 section 63]“since that may amount to inappropriate interference with the
marital relationship.”
In 2015, the petition from RIT Foundation challenged the legality of the “marriage exception.” In
2022, it will be heard by the Delhi High Court for the final round. Another important case
was Independent Thought vs. Union of India (2017) in which the question of contention was
whether a husband is considered to have committed rape if he had sexual intercourse with his
wife between the ages of 15 and 18. Articles 14, 15, and 21 of the Indian constitution were the
topics of discussion. The Apex Court held that If the wife is under the age of 18, Exception 2 of
Section 375 of the IPC cannot be applied.
Arguments against the criminalization of marital rape
 As such issues are handled under the Protection of Women from Domestic Violence Act
2005, there is no need for a separate law to cover marital rapes or to remove the
exclusion from IPC section 375.
 Several individuals, jurists, and even men’s rights advocates have expressed concern
over the criminalization of marital rape, citing misapplication of the law as a major
factor.
 The burden of proof is a complicated problem that has precluded the criminalization of
marital rape.
 One of the primary reasons against criminalising marital rape is that it might cause the
institution of marriage to break down, with wives unjustly accusing husbands.
Arguments for the criminalization of marital rape
 The disparity between married and unmarried women under the exemption was
considered to be arbitrary and artificial and to contravene Article 14 of the Constitution,
which ensures equal protection under the law.
 It was also contended that the marital rape exemption violated married women’s right
to autonomy and privacy under Article 21 and their right to non-discrimination under
Article 15 by denying them protection under Section 375. (1).
 It is a statistically proven fact that the vast majority of sexual assaults are perpetrated by
those who are acquainted with the victim – often spouses and partners.
 The actuality and prevalence of marital rape against women, which underscores the
necessity for its punishment, must be distinguished from the issue of legal
misapplication.
Gang rape
The Section 70(1) of the BNS ACT, 2023, states that when a woman is raped by one or more
people who are part of a group or acting in concert for a common goal, each of those people is
guilty of rape and is sentenced to a minimum of twenty years in prison and a maximum of life in
prison, which means they will be imprisoned for the rest of their lives, and with fine.
The Supreme Court in Pradeep Kumar vs. Union Administrator, Chandigarh (2006), emphasised
that the prosecution must prove that:
1. there was a group of persons who decided to act in concert with the common intention
to commit rape on the victim,
2. more than one person from the group acted or participated in a concert in the
commission of rape with a pre-arranged plan, and
3. the act of rape has been committed by one or more members of the group (not
necessarily everyone) in furtherance of the group’s common objective.
The rape is believed to have been committed by all members of the group. The existence of a
common intention is the essence of culpability. The mere presence of a person at the time of
another’s rape is inadequate to establish that he had a prior concert or meeting of minds with
others, and thus to convict him of gang rape.
Unnatural offences (Section 377)
Lastly, the sixth kind of offence against the human body is an unnatural offence. Section
377 defines unnatural offences as:
Whosoever voluntarily has carnal intercourse against the order of nature with any man, woman
or animal, shall be punished with imprisonment for life, or 10 years and be liable to fine.
This Section deals with the punishments for sodomy, buggery, and bestiality. Carnal intercourse
done against the natural order by a man with a man, or in the same manner with a woman, or
by a man or woman in any manner with a beast constitutes the offence. Penetration, even if it’s
only a slight hint, is crucial in rape. In a case under this Section, consent is irrelevant. The
individual who takes a passive role is just as guilty as the person who actively participates in the
act as an abettor.
The constitutional validity of Section 377
In Naz Foundation vs. Government of NCT of Delhi (2009), a non-governmental organisation
challenged the constitutional legality of Section 377 in the Delhi High Court. Naz argued that
Section 377, by encompassing consensual sexual intercourse between two adults in private,
violates the Constitution’s basic rights granted in Articles 14, 15, 19, and 21. It was emphasised
that Section 377, in essence, goes against the spirit of the right to equality before the law
(which prohibits any classification based on irrational rationale)and rights to personal liberty
(which includes the right to privacy, dignity, and individual autonomy) guaranteed by the
Constitution’s Articles 14 and 21, respectively. It stated that Section 377 is in violation of Article
15 of the Constitution. The Delhi High Court accepted all of the parties’ contentions after a
thorough examination of their arguments and counter-arguments in light of appropriate
constitutional provisions and aspirations; judicial pronouncements and juristic opinions from
home and abroad; moral justifications for and against (de)criminalization of consensual
homosexuality; and reforms carried out in overseas law relating to sexual act between two
willing adults in private. It determined Section 377 to be partially unconstitutional. It decided
that Section 377 is illegal in as much as it criminalises consenting sexual actions of adults (i.e.,
persons aged 18 and up) in private, as it violates Articles 14,15 and 21 of the Constitution.
After hearing equally compelling reasons for and against the retention of Section 377 in the IPC,
the Supreme Court rejected the Delhi High Court’s Naz Foundation Dictum and upheld the
constitutional validity of Section 377 of the IPC in Suresh Kumar Koushal vs. NAZ Foundation
(2013).
In 2018, the Supreme Court of India’s landmark ruling in Navtej Singh Johar &Ors. vs. Union of
India (2018) decriminalised all consensual sex among adults, including homosexual sex. The
Court maintained Section377 provisions that make non-consensual actions or sexual acts on
animals illegal.
Criminal Law Amendment Bill, 2019
 Reforms to the legislation dealing with sexual offences against women, as a result of the
Nirbhaya Case, have made a substantial contribution to women’s safety. As a result,
the Criminal Law (Amendment) Bill, 2019, aims to make progress by advocating for a
gender-neutral component that punishes all forms of sexual assault.
 The bill attempts to add a definition of “modesty” to Section 2 of the IPC. It seeks to
describe it as a personality feature pertaining to any man, woman, or transgender
person’s generally held belief in morality, decency, and integrity of speech and
behaviour.
 Sections 354, 354A, 354B, 354C, and 354D of the IPC are proposed to be modified.
Outraging women’s modesty, sexual harassment, intent to disrobe, voyeurism, and
stalking are all prohibited. These laws will be amended to account for the rape
perpetrator’s and victim’s gender. The words “guy” or “any male who” are planned to be
replaced with “anyone,” whereas “a woman” is proposed to be replaced with “any
person.”
 Section 375 of the BNS ACT, 2023 has been changed. The bill proposes to replace
pronouns like “any person” or “other person” with terms like “any person” or “other
person,” making rape a gender-neutral offence.
 The bill also seeks to merge the terms “penis” and “vagina” with the term “genital,”
which is defined in Explanation 1 as the penis and vagina.
  The bill proposes a novel Section 375A, which defines sexual assault as the intentional
touching of the genitals, anus, or breasts, or forcing another person to touch such parts
of the other person without consent, or the use of unwelcome words or gestures that
create an “unwelcome threat of actionable nature,” punishable by up to three years in
prison and/or a fine.
 Besides particular sub-sections dealing with the rape of women and children in custody,
this bill aims to gender-neutralize the crimes listed in Sections 376A, 376B, 376C,
and 376D of the IPC by replacing the word “woman” with “any person.”
Punishments for offences against the human body
Section 4 of the IPC prescribes five kinds of punishments:
 Death penalty,
 Life imprisonment,
 Imprisonment (rigorous/simple),
 Forfeiture of property, and
 Fine.
Chapter 2 of the BNS ACT, 2023, titled punishment, deals with the various types of punishment
ranging from Sections 04 to 14.
Capital punishment
The taking away of an offender’s life as a penalty for an offence is known as capital punishment.
It is only given in the rarest of rare cases in India. It may be imposed as a penalty for the
following offences:
 Waging war against the Government of India (Section 147),
 Abetment of mutiny (Section 160),
 Giving for fabricating false evidence upon which an innocent person suffers death
(Section 230),
 Murder (Section 103),
 Murder by life convicts (Section 104),
 Abetment of suicide of a minor or an insane or intoxicated person (Section 107), and;
 Dacoity accompanied with murder (Section 310(3)),
 Kidnapping for ransom (Section 140(2)).
Imprisonment
Simple Imprisonment
It is a sort of punishment in which the offender is just imprisoned and not forced to work. Some
of the offences that are punished by simple imprisonment are:
1. Wrongful restraint (Section 126(2)),
2. Uttering any word on making any sound or gesture with an intention to insult the
modesty of a woman (Section 79),
3. Misconduct in a public place by a drunken person (Section 355),
4. Defamation (Section 356(2), 356(3), 356(4)),
5. Dishonest misappropriation of property (Section 314).
Rigorous Imprisonment
In this type, the offender is forced to perform manual labour such as grinding grain, digging, and
cutting wood, among other things. In the case of State of Gujarat vs. High Court of Gujarat
(1998), the imposition of hard labour on inmates undergoing rigorous imprisonment was found
to be constitutional. It can be awarded in the following offences:
1. kidnapping in order to murder (Section 140(1)),
2. robbery (Section 309(4))
3. dacoity (Section 310(2)), and
4. housebreaking in order to commit an offence punishable with death (Section 332(a)).
Imprisonment for life
Imprisonment for life implies that the offender will be imprisoned for the rest of his or her
natural life. According to Section 6, a sentence of life imprisonment is equivalent to a sentence
of 20 years. However, for the purposes of calculating fractions of periods of punishment, life
imprisonment is equivalent to 20 years of imprisonment; otherwise, the sentence of life
imprisonment is of unlimited duration.
Forfeiture of property
The confiscation of property as a punishment has a longstanding past. Section 53ipcnow
sec.4BNS ACT, 2023, fifthly, allows forfeiture of property as a method of punishment. It was
repealed by the IPC (Amendment) Act 1921 (16 of 1921), which deleted Sections 61 and 62 of
the Code. Absolute seizure of the offender’s property is no longer a method of punishment. The
BNS ACT, 2023, on the other hand, has three offences for which the offender is liable to forfeit
his property. They are as follows:
  Depredations against the territory of Power in alliance or at peace with the Government
of India are punishable by confiscation of property used or intended to be used in
committing, or obtained by, such depredations (Section 154).
 Receiving property taken in the course of a war or depredation is punishable by
forfeiture of that property (Section 155).
 A public official who illegally purchases or bids on property in his or her own name or in
the name of another is penalised by having the property confiscated (Section 203).
Fine
Almost every provision dealing with the imposition of punishment contains a fine as a
punishment. Where a sum is specified to which a fine may extend, however, Section 8(1) states
that the amount of fine to which the offender is accountable is limitless, but not excessive.
In Soman vs. State of Kerala (2012), the Supreme Court noted a number of criteria that it has
considered while exercising sentence discretion, including proportionality, deterrence, and
rehabilitation. The Court said that mitigating and aggravating elements should be considered as
part of the proportionality analysis.
Prevention of crimes : the way forward
In India, crimes include a wide range of offences such as murder, money laundering, fraud, and
human trafficking, among others. These crimes have various statistical tendencies that alter
over time as human views evolve. Currently, crime is no longer a component of social issues;
rather, it has evolved into a sociocultural, political, and economic issue for a nation. By
intervening to influence their variety of causes, crime prevention methods and initiatives strive
to lower the chance of crimes happening, as well as their potential adverse impacts on
individuals and society, especially fear of crime.
Governmental intervention
Coordination
Coordination refers to the necessity for national crime prevention diagnoses and strategies to
include the linkages between local criminal problems and international organised crime, if
applicable.
Role of executives
The executives’ primary attention should be on preventing the conditions that lead to
criminality and, eventually, the conduct of crimes. This may be accomplished by a methodical,
integrated, and coordinated strategy, with punitive measures being used only as a last option.
Governments should strive to develop a system based on a state of equilibrium between
repression and prevention, as well as rehabilitation initiatives that would have a significant
impact on people’s psyche, therefore diluting criminality.
Human rights instruments
Ensure that the international treaties, legislation, and other measures to safeguard human
rights are followed and monitored.
Commitment
Given the broad nature of the causes of crime and the skills and responsibilities required to
address them, government commitment at all stages is required to create and maintain an
institutional framework for effective crime prevention.
Accountability
Only enough resources for establishing and maintaining programmes and assessment, as well as
clear accountability for financing, implementation, evaluation, and accomplishment of desired
results, can ensure sustainability and accountability.
Policies and programmes
Knowledge-based strategies, policies, and programmes must be founded on a wide
interdisciplinary basis of knowledge, as well as evidence of specific crime issues, causes, and
proven approaches.
Non-Governmental intervention
 The need to incorporate crime prevention into applicable social and economic policies,
as well as an emphasis on the social integration of at-risk communities, children,
families, and youth, is referred to as socio-economic development and inclusion.
 The NGO programmes can offer multimedia training to young people at risk/ex-offenders
and their families, as well as rehabilitation, training, career possibilities, microcredit, and
support for survivors, as well as peer education training and awareness-raising.
 While governments in most countries play an active role in crime prevention through
specific policies and legislation, non-governmental organisations (NGOs) must
demonstrate an increasing interest in assisting in the creation of safe and crime-free
communities.
 Non-governmental intervention programmes that take the shape of public-private
partnerships have a lot of success. The majority of non-governmental activities should
be based on development, with a focus on training and rehabilitation.

Conclusion
There are crimes committed in every country, and there is no such thing as a crime-free state.
Crime is like an unavoidable disease that cannot be completely eliminated from the world, but it
can be reduced in severity and frequency by adopting the deterrence jurisprudence, which
states that the punishments for crimes must be such that they instil fear in the minds of those
who commit them, thus deterring them from committing them. Because it is a truth that
individuals in today’s period may perform activities to the point that they cost human life, a
valuable gift from God, only then can human behaviour be regulated, restrained, and steered in
good faith to reach the common goal of peace.

Reference
 https://msbrijuniversity.ac.in/assets/uploads/newsupdate/IPC-SCLLB-2.pdf
 https://academichour.com/class%20notes/Law/1st%20sem/IPC-Notes-pdf.pdf
 http://lawfaculty.du.ac.in/files/course_material/I_Term/104%20Law%20of%20Crimes-
%20I_2020%20corrected.pdf
 https://old.amu.ac.in/emp/studym/99998340..PDF