web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Gender-biased Laws

CrPC 198B – Cognizance of offence

Posted on February 22, 2020 by ShadesOfKnife

No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie
satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198B - Cognizance of offence Gender-biased Laws | Leave a comment

CrPC 198A – Prosecution of offences under section 498A of the Indian Penal Code

Posted on February 22, 2020 by ShadesOfKnife

No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198A - Prosecution of offences under section 498A of the Indian Penal Code Gender-biased Laws | Leave a comment

CrPC 198 – Prosecution for offences against marriage

Posted on February 22, 2020 by ShadesOfKnife

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that—
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 494 or section 495] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister 2[, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198 - Prosecution for offences against marriage Gender-biased Laws | Leave a comment

IPC 376E – Punishment for repeat offenders

Posted on February 22, 2020 by ShadesOfKnife

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376E - Punishment for repeat offenders | Leave a comment

IPC 376DB – Punishment for gang rape on woman under twelve years of age

Posted on February 22, 2020 by ShadesOfKnife

Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376DB - Punishment for gang rape on woman under twelve years of age | Leave a comment

IPC 376DA – Punishment for gang rape on woman under sixteen years of age

Posted on February 22, 2020 by ShadesOfKnife

Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376DA - Punishment for gang rape on woman under sixteen years of age | Leave a comment

IPC 376D – Gang rape

Posted on February 22, 2020 by ShadesOfKnife

Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376D - Gang rape | Leave a comment

IPC 376C – Sexual intercourse by a person in authority

Posted on February 22, 2020 by ShadesOfKnife

Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or
(d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
Explanation 2.—For the purposes of this section, Explanation 1 to section 375 shall also be applicable.
Explanation 3.—“Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.
Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376C - Sexual intercourse by a person in authority | Leave a comment

IPC 376B – Sexual intercourse by husband upon his wife during separation

Posted on February 22, 2020 by ShadesOfKnife

Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376B - Sexual intercourse by husband upon his wife during separation | Leave a comment

IPC 376AB – Punishment for rape on woman under twelve years of age

Posted on February 22, 2020 by ShadesOfKnife

Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 376AB - Punishment for rape on woman under twelve years of age | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede on 29 Jul 2009 January 26, 2023
  • Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 January 24, 2023
  • Y.Narasimha Rao and Ors Vs Y.Venkata Lakshmi and Anr on 9 Jul 1991 January 19, 2023
  • Messers S.J.S. Business Enterprises Vs State of Bihar and Ors on 17 Mar 2004 January 17, 2023
  • Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010 January 17, 2023

Most Read Posts

  • Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act? (8,971 views)
  • XXX Vs State of Kerala and Ors on 05 July 2022 (2,811 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (869 views)
  • State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022 (843 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (818 views)
  • Bar Council of India Vs Bonnie Foi Law College and Ors (714 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (672 views)
  • P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (668 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (578 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (556 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (323)Reportable Judgement or Order (319)Landmark Case (310)2-Judge (Division) Bench Decision (259)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (210)1-Judge Bench Decision (145)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (79)Article 21 - Protection of life and personal liberty (74)Perjury Under 340 CrPC (53)Issued or Recommended Guidelines or Directions or Protocols to be followed (52)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (34)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (629)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (297)High Court of Andhra Pradesh Judgment or Order or Notification (159)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (55)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (40)High Court of Allahabad Judgment or Order or Notification (39)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (30)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • Ravi on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022

Archives of SoK

  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Maintenance impacting SSL API availability and certificate issuance February 14, 2023
    THIS IS A SCHEDULED EVENT Feb 14, 14:00 - 16:00 UTCJan 26, 10:38 UTCScheduled - On February 14th, 2023, Cloudflare will be doing database maintenance that will impact SSL API availability and may result in certificate issuance delays. The scheduled maintenance will be on February 14, 2023, 14:00 - 16:00 UTC.During the maintenance window, SSL-related […]
  • ICN (Seoul) on 2023-02-06 February 6, 2023
    THIS IS A SCHEDULED EVENT Feb 6, 17:00 - 23:00 UTCFeb 1, 06:20 UTCScheduled - We will be performing scheduled maintenance in ICN (Seoul) datacenter on 2023-02-06 between 17:00 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • PHX (Phoenix) on 2023-02-03 February 3, 2023
    THIS IS A SCHEDULED EVENT Feb 3, 10:00 - 12:00 UTCFeb 1, 07:20 UTCScheduled - We will be performing scheduled maintenance in PHX (Phoenix) datacenter on 2023-02-03 between 10:00 and 12:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 222.187.188.121 | S January 31, 2023
    Event: Bad Event | Total: 2 | First: 2023-01-31 | Last: 2023-01-31
  • 192.142.21.64 | S January 31, 2023
    Event: Bad Event | Total: 156 | First: 2023-01-11 | Last: 2023-01-31
  • 192.142.21.141 | S January 31, 2023
    Event: Bad Event | Total: 384 | First: 2023-01-11 | Last: 2023-01-31
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 412 access attempts in the last 7 days.

pixel