CRIMINAL LAW

dowry death

CRIMINAL LAW

In India the criminal law is substantially based on the Indian penal code 1860, however it is supplemented by special laws.

dowry

(i)                Indian penal code 1860

There are certain provision under Indian penal code, 1860 which deals with the offence in the form of domestic violence against women. These are as under:

Ø Dowry death:  According to section 304-B of I.P.C where death of a married women is caused by burns or occurs otherwise than under normal circumstances within 7years of marriage and if it is established that soon before her death she was subjected to ill-treatment or cruelty by her husband or relative of husband such death of married women is treated as dowry death.

force

Ø Forceful termination of pregnancy amounts to violence at home:   In view of section 313 to 316 of I.P.C female infanticide or forcing the wife to terminate pregnancy are also varieties of domestic violence which is recognized as offence under Indian penal code.

burnt

Ø When a woman is driven to commit suicide:  on account of domestic violence especially the bride are subjected to harassment for demand of dowry and compelled to commit suicide.  Abetment of suicide of a disordered mental state of person is an offence punishable with death or 10 years of life imprisonment as provided under section 305 and 306 of the I.P.C.

hurt

Ø Causing hurt and grievous hurt.  It is a common form of domestic violence. Section 319 of I.P.C defines the expression “Hurt” as causing bodily pain, injury, infirmity and disease to any person, however serious hurt is termed as grievous hurt under section 320 of I.P.C.

Ø Unlawful confinement : it is one of the form of domestic violence where women’s movement is restrained or confined within four walls of the house. It is the common form of domestic violence which is punishable under section 399 and 340 of I.P.C.

marital rape

Ø Marital rape: another common form of domestic violence is marital rape, where a wife is living separately under decree of judicial separation or under any custom and man have sexual intercourse with her without her consent it amounts to offence under section 376-A of I.P.C.

Ø Misappropriation of wife’s property: with a view to make wife economically dependant grabbing of wife’s property is common form of domestic violence.

violence

Ø Matrimonial cruelty:  under section 498-A I.P.C Matrimonial Cruelty whether physical mental is an offence. The ‘term’ cruelty under the said section has wide scope that includes various kind of other cruelty.