IPC 448: Section 448 of the Indian Penal Code

December 15, 2014

Punishment for house-trespass

Whoever commits house-trespass 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.

IPC 370A: Section 370A of the Indian Penal Code

December 15, 2014

Exploitation of a trafficked person1

       
  1. Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.

    2.    

  2. Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished With rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.

1 Criminal Law (Amendment) Act, 2013

IPC 354D: Section 354D of the Indian Penal Code

December 15, 2014

Stalking1

(1) Any man who—
       
  1. follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

    2.    

  2. monitors the use by a woman of the internet, email or any other form of electronic communication,commits the offence of stalking;

 Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

       
  1. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

    2.    

  2. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

    3.    

  3. in the particular circumstances such conduct was reasonable and justified.

 (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

1 Criminal Law (Amendment) Act, 2013

IPC 447: Section 447 of the Indian Penal Code

December 15, 2014

Punishment for criminal trespass

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

IPC 354C: Section 354C of the Indian Penal Code

December 15, 2014

Voyeurism1

Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.Explanations
       
  1. For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.

    2.    

  2. Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

 

1 Criminal Law (Amendment) Act, 2013

IPC 354B: Section 354B of the Indian Penal Code

December 15, 2014

Assault or use of criminal force to woman with intent to disrobe1

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

1 Criminal Law (Amendment) Act, 2013

IPC 445: Section 445 of the Indian Penal Code

December 15, 2014

House-breaking

A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of it in such six ways, that is to say:

  1. If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
  2. If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.
  3. If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.
  4. If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.
  5. If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.
  6. If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanations

  1. Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

  1. A commits house-trespass by making a hole through the wall of Z’ house, and putting his hand through the aperture. This is house-breaking.
  2. A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
  3. A commits house-trespass by entering Z’ house through a window. This is house-breaking.
  4. A commits house-trespass by entering Z’ house through the door, having opened a door which was fastened. This is house-breaking.
  5. A commits house-trespass by entering Z’ house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
  6. A finds the key of Z’ house door, which Z had lost, and commits house trespass by entering Z’ house, having opened the door with that key. This is house-breaking.
  7. Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
  8. Z, the door-keeper of Y, is standing in Y’ doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

IPC 354A: Section 354A of the Indian Penal Code

December 15, 2014

Sexual harassment and punishment for sexual harassment1

       
  1. A man committing any of the following acts—
         
    1. physical contact and advances involving unwelcome and explicit sexual overtures; or

      2.    

    2. a demand or request for sexual favours; or

      3.    

    3. showing pornography against the will of a woman; or

      4.    

    4. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.

    2.    

  2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

    3.    

  3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

1 Criminal Law (Amendment) Act, 2013

IPC 444: Section 444 of the Indian Penal Code

December 15, 2014

Lurking house-trespass by night

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”.

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