IPC Sections 361 & 360

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In the last blog we had a look on Kidnapping IPC Section 366.
Today we discuss IPC sections no 360 and 361.

According to IPC section 359 Kidnapping can be of two types which are defined by IPC Sections 360 & 361.
1. IPC Section 360 Kidnapping from India

According to this section , whoever , conveys any person beyond the limits of India , without the consent of that person or of some person legally authorized to consent on behalf of that person , is said to commit the offence of kidnapping from India .

2. IPC Section 361 Kidnapping from the Lawful Guardianship

According to this section , whoever takes or entices a minor male under 16 years of age  if a male , or under 18 years of age if a female , or any person of unsound mind , out of the keeping of the lawful guardianship of such minor or person of unsound mind , without the consent of such guardian , is said to commit the offence of kidnapping from lawful guardianship .
The words lawful guardianship in this section includes any person lawfully entrusted with the care or custody of such minor or other person .

The  essential elements of the offence of kidnapping from lawful guardianship are as follows :-
a) The offender took or enticed away a minor or a person of unsound mind ;
b) Such minor , if male , must be under 16 years of age , and if female must be under 18 years of age ;
c) The act must be one of taking  or enticing out of the keeping of the lawful guardianship of such minor or person of unsound mind ;
d) The act  of taking  or enticing out must be done without the consent of the lawful guardian.

In year 2010 According to the High Court
It will not be called as Kidnapping if Girl goes on her own choice.

According to this report, there has to be taking or enticing of a minor from the lawful guardianship of her parents/guardian. If the minor, of her own, abandons the guardianship of her parents and joins a boy, without any role having been played by the boy in her abandoning the guardianship of her parents and without her having been subjected to any kind of pressure, inducement, etc. and without any offer or promise from the accused, no offence punishable underthis IPC section will be made out when the girl is aged more than 16 years and is mature enough to understand what she is doing."

Kidnapping (IPC section 366)

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Kidnapping
In Criminal law, kidnapping is the taking away or transportation of a person against that person’s will. This may be done for ransom or in furtherance of another crime.
Ransom is the practice of holding a prisoner or item to extort money or property to secure their release or it can refer to the sum of money involved.
IPC Section 366
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.-
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
And whoever by means of criminal intimidation as defined in this code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced ti illicit intercourse with another person shall be punishable .

Law against RAPE ( IPC Sections 375 & 376)

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Law against Rape (IPC Sections 375 & 376)

What is RAPE?

RAPE is a type of sexual assault usually involving sexual intercourse or other forms of Sexual penetration initiated against one or more individuals without the consent of those individuals. The term rape is sometimes used interchangeably with the term sexual assault.

RAPE

IPC Section 375

A man is said to commit "RAPE" if he-—
a. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
b. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
c. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any ~ of body of such woman or makes her to do so with him or any other person; or
d. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
Under the circumstances falling under any of the following seven descriptions:—

First.—Against her will.

Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly.—With or without her consent, when she is under eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Punishment for RAPE

IPC Section 376

1. Whoever commits RAPE shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.

2. Whoever,—
a. being a police officer, commits rape—
i. within the limits of the police station to which such police officer is appointed; or
ii. in the premises of any station house; or
iii. on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or
b. being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or
c. being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
d. being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
e. being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
f. being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
g. commits rape during communal or sectarian violence; or
h. commits rape on a woman knowing her to be pregnant; or
i. commits rape on a woman when she is under sixteen years of age; or
j. commits rape, on a woman incapable of giving consent; or
k. being in a position of control or dominance over a woman, commits rape on such woman; or
l. commits rape on a woman suffering from mental or physical disability; or
m. while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
n. commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment fora term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Punishment for causing death or resulting in persistent vegetative state of victim
IPC Section 376A
Whoever, commits an offence punishable under sub-section (l) or sub-section (2) of
section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.

Sexual intercourse by husband upon his wife during separation
IPC Section376B
Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Sexual intercourse by person in authority
IPC Section 376C

Whoever, being—
a. in a position of authority or in a Judiciary relationship; or
b. a public servant; or
c. superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or
d. on the management of a hospital or being on the staff of a hospital, abuses such position or juduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than 5 years, but which may extend to ten years, and shall also be liable to fine.

Gang rape.

IPC Section 376D.
Where a woman 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 offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to 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.

Punishment for repeat offenders
IPC Section 376E
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 3760 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.'.

IPC Section 498A and 304B ( The Dowry Law)

Welcome to Sections of Indian Penal Code.

Today we look at the Sections 498A and 304B (The Dowry Law).

Dowry is any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage; or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage.

Definition of IPC Section 498A

Section 498A was inserted into the Indian Penal Code in 1983 to protect the wife from harrasment by the Husband or the Husband's family in cases where an illegal dowry is sought. The section reads

498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend
to three years and shall also be liable to fine.

Here Cruelty means

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

Now Definition of IPC Section 304B

This Section of the Indian Penal Code was inserted in 1986 and the words of the Law states

Section 398B. Dowry Death.
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.