Documentos de Académico
Documentos de Profesional
Documentos de Cultura
(NIRBHAYA ACT-2013)
Video Lecture
SUBHAN BANDE
ADVOCATE
KADAPA
subhanbande@gmail.com
THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860
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INTRODUCTORY PROVISIONS GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-1,2 & 3 Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511
Chapter-1: Introduction
Sec-1-5 INCOMPLETE OFFENCES COMPLETE OFFENCES
Chapter-5, 5A & 23; Sec-122, Chapter-6-22
Chapter-2: General Explanations 126, 399 & 511 Sec-121-510
Sec-6-52A
Chapter-3: Punishments
Sec-53-75
3
INTRODUCTORY PROVISIONS GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-1,2 & 3 Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511
Chapter-1: Introduction
Sec-1-5 INCOMPLETE OFFENCES COMPLETE OFFENCES
Chapter-5, 5A & 23; Sec-122, Chapter-6-22
Chapter-2: General Explanations 126, 399 & 511 Sec-121-510
Sec-6-52A
Chapter-3: Punishments
Sec-53-75
5
I. OBSCENE ACTS
Sec-292
Sale etc. of Obscene Books etc.
OBSCENE ACTS
Sec-293
Sec-294
Obscene Acts & Songs
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
6
I. OBSCENE ACTS
Sections – 292, 293 & 294
Sale etc. of Obscene Books etc. (S-292)
Obscene Book – a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other
object – tend to deprave and corrupt persons to read, see or hear the matter contained or embodied in it.
Whoever (M/F)…. EXCEPTION
Selling, let to hiring, distributing, publicly exhibiting, circulating… Public good
Proposing of sale, hire, distribution, public exhibition, circulation… Interest of science, literature, art or learning
Making, producing, possessing…. Kept or used bona-fide for religious purposes
Represented on or in
Importing, exporting or conveying… o Any ancient monument (the Ancient
Taking part in or receiving profits from such business… Monuments and Archeological Sites and
Advertising, making known by any means… Remains Act-1958)
o Any temple, or any car used for the
Offering or attempting to do any act.… conveyance of idols
PUNISHMENT
First Conviction – imprisonment for 2 years, and with fine of Rs. 2000
Subsequent Conviction – imprisonment for 5 years, and with fine of Rs. 5000
NATURE OF OFFENCE
Cognizable – Bailable – Non-compoundable – Triable by any Magistrate
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
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I. OBSCENE ACTS
Sections – 292, 293 & 294
Sale etc. of Obscene Objects to Young Persons (Sec-293)
Obscene Object – a book, pamphlet, paper, writing, drawing, painting, representation, figure
or any other object – tend to deprave and corrupt persons to read, see or hear the matter
contained or embodied in it.
Whoever (M/F)…
Selling, let to hiring, distributing, publicly exhibiting, circulating…
Offering or attempting of sale, hire, distribution, public exhibition, circulation…
To any person (M/F) under the age of 20 years
PUNISHMENT
First Conviction – imprisonment for 3 years, and with fine of Rs. 2000
Subsequent Conviction – imprisonment for 7 years, and with fine of Rs. 5000
NATURE OF OFFENCE
Cognizable – Bailable – Non-compoundable – Triable by any Magistrate
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
8
I. OBSCENE ACTS
Sections – 292, 293 & 294
Obscene Act and Songs (Sec-294)
Whoever (M/F)…
To the annoyance of others.
Does any obscene acts in any public place.
Sings, recites or utters any obscene songs, ballad or words…
In or near any public place.
PUNISHMENT
Imprisonment for 3 months, or fine, or with both.
NATURE OF OFFENCE
Cognizable – Bailable – Non-compoundable – Triable by any Magistrate
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
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II. SOFT-CORE SEXUAL OFFENCES
Sec-509
Word, gesture or act – to insult the modesty of woman
Sec-354
Assault or Cr. force– to outrage the modesty of woman
SEXUAL OFFENCES
SOFT-CORE
Sec-354(A)
Sexual Harassment
Sec-354(B)
Assault or Cr. force– to disrobe
Sec-354(C)
Voyeurism
Sec-354(D)
Stalking
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
10
II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
PUNISHMENT
Simple imprisonment for 3 years, and with fine.
NATURE OF OFFENCE
Cognizable – Bailable – Compoundable with the permission of the Court – Triable by any Magistrate
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
11
II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
PUNISHMENT
Imprisonment for 1 year to 5 years, and with fine. (In Andhra Pradesh – 5 years to 7 years and with fine; special
reasons – imprisonment may be less than 5 years, but not less than 2 years)
NATURE OF OFFENCE
Cognizable – Non-bailable – Non-compoundable – Triable by any Magistrate.
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
12
II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
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II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
A man shall be guilty of sexual harassment, if he commits any of the following acts…
PUNISHMENT
i. Physical contact and advances involving unwelcome and explicit sexual overtures, or
Imprisonment for
ii. A demand or request for sexual favours, or
3 years, or with
iii. Showing pornography against the will of a woman, or
fine, or with both
iv. Making sexually coloured remarks
PUNISHMENT
Imprisonment for 1 year, or with fine, or with both
NATURE OF OFFENCE
Cognizable – Bailable – Deemed Non-compoundable – Triable by any Magistrate.
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
14
II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
PUNISHMENT
Imprisonment for 3 years to 7 years , and with fine.
NATURE OF OFFENCE
Cognizable – Non-bailable – Deemed Non-compoundable – Triable by any Magistrate
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
15
II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
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II. SOFT-CORE SEXUAL OFFENCES
Sections – 509, 354, 354A, 354B, 354C, & 354D
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III. HARD-CORE SEXUAL OFFENCES
Sec-375
Rape (punishment -Sec-376 Para-I)
Sec-376
Custodial Rape (Sec-376 Para-II)
SEXUAL OFFENCES
Sec-376(A)
HARD-CORE
Sec-376(B)
Sexual intercourse by husband upon his wife during separation
Sec-376(C)
Sexual intercourse by a person in authority
Sec-376(D)
Gang Rape
Sec-376(E)
Punishment for Repeat Offenders
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
III. HARD-CORE SEXUAL OFFENCES
EXPLANATIONS
Rape: Section – 375
“Vagina” shall also includes “labia majora”.
“Consent” means an unequivocal agreement by words, gesture or any form, which is communicated her willingness to participate in a
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specific sexual act.
into Against her will
Penetrates his penis,
to any extent Vagina
PUNISHMENT EXCEPTIONS
Rigorous Imprisonment for 7 years to imprisonment for life and with fine. 1. Medical procedure or intervention
NATURE OF OFFENCE 2. Sexual intercourse by a man with his own wife,
Cognizable – Non-bailable – Deemed Non-compoundable – Triable by COS who is above the age of 15 years
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
19
III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
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III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Committal of rape
In course of such committal, there should be an injury
The injury should cause…
o Death of the woman, or
o Persistent vegetative state of the woman
PUNISHMENT
Rigorous Imprisonment for 20 years to
imprisonment for life (the remainder of
that person’s natural life) or with death.
NATURE OF OFFENCE
Cognizable – Non-bailable – Deemed
Non-compoundable – Triable by COS
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
21
III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Section 376B
It aims at the preservation of family institution by
ruling out the possibility of false, fabricated and
motivated complaints of rape by wife against her PUNISHMENT
husband. Imprisonment for 2 years to 7 years and with fine
NATURE OF OFFENCE
Cognizable (but only on the complaint of the victim) – Bailable
– Deemed Non-compoundable – Triable by COS
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
22
III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
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III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape + …..
By one or more persons
o Constituting a group, or
o Acting in furtherance of a common intention
Each of those persons shall be deemed to have committed the offence of rape (Joint Liability)
PUNISHMENT
Rigorous Imprisonment for 20 years to imprisonment for life (the remainder of that person’s natural
life) and with fine to be paid to the victim.
NATURE OF OFFENCE
Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
24
III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
PUNISHMENT
Imprisonment for life (the remainder of that person’s natural life) or with death.
NATURE OF OFFENCE
Cognizable– Non-bailable – Deemed Non-compoundable – Triable by COS
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
25
III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
Nirbhaya Rape Case
Nirbhaya (not her name) was beaten, gang raped, and tortured in a running bus – after 13 days she died - the incident
generated widespread national and international coverage - Public protests took place in New Delhi .
Govt. amended IPC, CRPC, IEA, and POCSO Acts - in 2013.
Tukaram vs. State of Maharashtra (Madhura Rape Case) AIR 1979 SC 185
A minor Harijan girl - raped by two policemen - in the Police Station - Trial Court acquitted – the HC convicted – the SC
acquitted the accused
IEA was amended – Sec.114A has been inserted – the court presumes that no consent was given by the victim – the
burden of proving consent of the victim is shifted from the prosecution to the defence.
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III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
State of Maharashra vs. Madhukar N. Mardikar 1991 (1) SCC 57
Sub-Inspector of Police arrested some prostitutes - raped a prostitute - in the PS – lodged a complaint
against him – SI contended - rape would not applicable to prostitute – but, Trial Court, HC & SC convicted him.
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III. HARD-CORE SEXUAL OFFENCES
Sections – 375, 376, 376A, 376B, 376C, 376D & 376E
Rape
Important Case-laws
Pramod Mehta vs. State of Bihar AIR 1989 SC 1475
Four persons – with force – entered into a house – charged with raping – young unmarried girl – medical
evidence also supported – the fact of rape – conviction for all – even only one has committed rape.
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Important Provisions of IEA, CRPC & IPC on Rape
Sec-119: If the witness is unable to speak may give her evidence by writing, or using signs. The
Court shall take the assistance of an instructor or special educator in recording the statement,
and such statement shall be videographed.
Sec-146: Putting questions on the general immoral character, or previous sexual experience, of
such victim with any person - for proving consent or the quality of consent - in cross-examination
of the victim – shall not be permissible.
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Important Provisions of IEA, CRPC & IPC on Rape
Sec-26: Offence under Sections-376, 376A to 376E of IPC shall be tried as far as practicable by a Court
presided over by a woman.
Sec-154: If the information is given by the victim, then such information shall be recorded by a woman police
officer or any woman officer.
If the victim is mentally or physically disabled (temporarily or permanently), then such information shall be
recorded by a police officer, at the residence / convenient place of such the victim’s choice, in presence of
an instructor or special educator and such information shall be videographed.
Sec-164: The Judicial Magistrate shall record the statement of the victim. If the victim is mentally or physically
disabled (temporarily or permanently), then such information shall be recorded with the assistance of an
instructor or special educator.
Sec-357B: Compensation to the victim in addition to fine (if the rape is committed under Sec-376D of IPC).
Sec-357C: All hospitals, public or private, shall immediately, provide the first-aid or medical treatment to the
victims without charging any cost.
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
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IV. UNNATURAL OFFENCES
Section-377
Man
Man
Woman
Woman
Animal
o Sodomy
o Homosexual Sodomy (gays and lesbians)
o Heterosexual Sodomy (M’s penis – W’s anus (anal sex))
o Bestiality
o M/W - animal
PUNISHMENT
Imprisonment for Life or imprisonment for 10 years, and with fine.
NATURE OF OFFENCE
Cognizable – Non-bailable – Non-compoundable – Triable by Magistrate of First Class
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
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IV. UNNATURAL OFFENCES
Section-377
Unnatural Offence (Sec-377)
Important Case-laws
Khandu vs. Emperor AIR 1934 Lah. 261
The accused placed his penis into the nostril of a bullock – convicted under Sec-377.
Lohana Vasantlal Doechand vs. Sate of Gujarat AIR 1968 Guj. 252
Mere penetration is sufficient to constitute the carnal intercourse and seminal discharge is not necessary.
https://youtube.com/channel/UCbdDcaScQMn4d4J7YKQN_QA
You can get the slides of all my videos from the following link.
https://www.slideshare.net/BANDESUBHAN/presentations