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Physical/Sexual Abuse

Physical Assault

Under Section 351 of the Indian Penal Code (IPC), any intentional act that causes trauma or injury to another person through bodily force is considered physical assault. This includes:

  • Domestic violence
  • Child abuse
  • Physical violence
  • Sexual abuse (if applicable)

Physical assault is treated as a criminal offense, and the accused is tried under the criminal procedure of the IPC.


Sexual Abuse and Related Offenses

Section 354 of IPC: Outraging the Modesty of a Woman

Any forceful act committed against a woman with the intention of outraging her modesty is punishable with:

  • Simple or rigorous imprisonment (up to 2 years),
  • Fine, or
  • Both.

Section 354A: Sexual Harassment

This section deals with sexual harassment by a man and includes:

  1. Physical contact and sexual advances made without the woman’s consent.
  2. Demand for sexual favors.
  3. Explicit sexual overtures.
  4. Showing pornography to a woman against her will.
  5. Making sexually colored remarks.

Punishment:
Sexual harassment is punishable with imprisonment, a fine, or both, depending on the severity of the offense.

Section 354B: Disrobing a Woman

This section criminalizes the use of force to disrobe a woman against her will.

Punishment:

  • Rigorous imprisonment for a minimum of 3 years, which may extend to 7 years, along with a fine.

Section 354C: Voyeurism

Voyeurism is defined as watching, photographing, or recording a woman involved in a private act without her consent or knowledge.

Punishment:

  • First conviction: Imprisonment for 1 to 3 years and a fine.
  • Subsequent conviction: Imprisonment for 3 to 7 years and a fine.

Section 354D: Stalking

Stalking involves following or attempting to contact a woman repeatedly against her explicit refusal to build a relationship.

Punishment:

  • First conviction: Imprisonment up to 3 years and a fine.
  • Subsequent conviction: Imprisonment up to 5 years and a fine.

Section 370: Human Trafficking

This section addresses human trafficking, which includes the illegal transportation of people for:

  • Labor exploitation, or
  • Commercial sex trade.

Punishment:
The severity of punishment varies based on the age of the victim and the nature of exploitation but typically involves rigorous imprisonment and heavy fines.


Section 375: Rape

Rape is defined under Section 375 of IPC as a sexual offense committed by a man against a woman under specific circumstances, including:

  • Against the woman’s will.
  • Without her consent.
  • Using threat, force, or coercion.
  • When the woman is intoxicated or unable to give consent.

Punishment:

  • Minimum imprisonment of 7 years, extendable to life imprisonment or the death penalty, depending on the severity of the crime.

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