what all the Offences Against Woman are punishable under IPC?
DISROBING Disrobing is a very serious offence which can totally shatter the self esteem and dignity of a woman. A man shall be guilty of the offence of disrobing if he compels a woman by assaulting or using criminal force to remove her clothes and be naked in any public place. It is important that the accused has the requisite intention to disrobe or compel a woman to get naked but if the clothes of woman get torn in a scuffle unintentionally the accused shall not be guilty of the offence of disrobing.
VOYEURISM A ‘voyeur’ is generally defined as a person who derives sexual gratification from the covert observation of others as they undress or engage in sexual activities. Under IPC a man shall be guilty of the offence of voyeurism if he watches a woman when she is engaged in a private act in circumstances where she would usually have the expectation of not being observed. It includes sexual acts or when private parts are exposed in situations of changing clothes in trial room or in lavatory etc.
A reasonable expectation of privacy means that in the circumstances whether in a public or private place, the victim has a reasonable expectation that she is not being observed engaging in private acts.
Voyeurism is not only a violation of a person’s privacy but also transforms into gross violation of human rights of women’s dignity and reputation thus also if a woman has agreed to engage in a sexual act voluntarily, then video graphing the same and making it available to third person without her consent shall be punishable as once recorded video finds a place in the pornographic market.
The inclusion of voyeurism as a crime in IPC has made sale of pornography, invasion of piracy and all forms of sale of defamatory pictures prohibited.
Any man who, 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 monitors the use by a woman of the internet, email or any other form of electronic communication or watches or spies a woman in any manner that results in fear of violence, distress in the mind of such woman, interferes with the mental peace of the woman commits the offence of stalking.
Provided that such conduct shall not amount to stalking if the man who pursued it proves that:
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 it was pursued under any law or to comply with any condition or requirement imposed by any person under any law or in the particular circumstances such conduct was reasonable and justified.
Following a woman, attempting to foster personal interaction, despite indication of victim’s disinterest, spying, monitoring her electronic communications is punishable under the offence of stalking. Stalking may or may not be an act which physically threatens the security of a woman, however it cause mental trauma and fear to the person being stalked.
The offences of ‘disrobing’, ‘voyeurism’ and ‘stalking’ are not gender neutral i.e. such offences can be committed only by a man on a woman.