Crimes Against Women

A victim can file an appeal in a criminal offence against any judgment or order passed by the court only under three circumstances, such as acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, under Section 372 of the Code of Criminal Procedure, 1972 (CrPC).

Minor quarrels between spouses due to differences of opinion or sporadic instances of ill-treatment would not establish an offence of cruelty under Section 498A of the Indian Penal Code (IPC), says the High Court of Kerala in Sreekumar s/o Chellappan Chettiyar v State of Kerala [2024 (1) KLT 382] delivered on 4th January 2024.

A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.

The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides a range of remedies in the civil law, to protect women from domestic violence and prevent its occurrence in future. The orders under the act are in the civil nature. But if the orders are neglected or violated by the defendant, such violation will turn into a criminal offence.

Watching the pornographic content, except child rape or child pornography or violence against women, in a private space is not at all illegal in India. But sharing and distribution of such content/material is illegal. However, watching the pornographic content such as child rape, child pornography, or violence against women, in a private space itself is a criminal offence.

Retweeting, forwarding or sharing of offensive messages on social media as such is not at all declared as a criminal offence in India. However, there are some provisions, under the Information Technology Act (IT Act) and the Indian Penal Code (IPC), which may put criminal liability on the person who does such an act.

The question of woman’s consent in sex within marital relation is again on sharp focus. The split verdict of the two judge Bench - Justice Rajiv Shakdher and Justice C Hari Shankar - of the Delhi High Court on 11th May 2022 has reignited the issue. Justice Rajiv Shakdher headed the two-judge Bench. The split verdict came out in the case RIT Foundation v. UOI and other connected matters, in a batch of petitions filed in 2015, challenging the protection provided to marital rape.

A person marrying for the second time while his first marriage is in subsistence is an offence. Such a marriage, called bigamy, does not hold any legal validity. Nevertheless, the victims of bigamy can still approach the court for claiming maintenance. In order to attract the offence of bigamy, it is necessary that essential ceremonies, rites or procedures constituting a marriage should have performed in both the marriages. In essence, a marriage means solemnisation with proper ceremonies appropriate under the custom or law followed by the party in marriage.

A divorced woman, who files an application before the Magistrate court as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005 (DV Act), can claim a bunch of remedies, except residence in a shared household.