Breakdown (Plain English): This section provides the complete legal definition of rape. It states that a man commits “rape” if he performs any of the 4 ACTS below, under any of the 7 CIRCUMSTANCES listed after.
The 4 ACTS:
(a) Penetrates his penis (to any extent) into the vagina, mouth, urethra, or anus of a woman; or makes her do this to him or another person.
(b) Inserts (to any extent) any object or part of his body (that is not his penis) into the vagina, urethra, or anus of a woman; or makes her do this to him or another person.
(c) Manipulates any part of the woman’s body to cause penetration into her vagina, urethra, or anus; or makes her do this to him or another person.
(d) Applies his mouth to the vagina, anus, or urethra of a woman; or makes her do this to him or another person.
The 7 CIRCUMSTANCES (Consent Qualifiers):
(i) Against her will: The act is done against her active and stated will.
(ii) Without her consent: The act is done when no consent was given at all.
(iii) Consent by Fear: She “consents,” but only because she (or someone she cares about) was put in fear of death or hurt.
(iv) Consent by Deception (Identity): She “consents,” but only because she believes the man is her husband, and the man knows he is not.
(v) Consent by Incapacity: She “consents,” but at the time, she is unable to understand what she is consenting to, due to unsoundness of mind, intoxication, or being drugged by the man.
(vi) Statutory Rape: The act is done with or without her consent if she is under 18 years of age.
(vii) Unable to Communicate Consent: The act is done when she is unable to communicate her consent (e.g., she is unconscious or has a disability preventing communication).
Explanation 1 (Vagina): Clarifies that for legal purposes, “vagina” includes the labia majora.
Explanation 2 & Proviso (Definition of Consent): This is a critical part.
Consent means: An “unequivocal voluntary agreement” by the woman (through words, gestures, or any other form of communication) to participate in the specific sexual act.
Proviso: A woman who does not physically resist the act of penetration cannot be assumed to have consented just because she did not fight back.
Exception 1 (Medical): A legitimate medical procedure is not rape.
Exception 2 (Marital Rape Exception): Sexual intercourse or sexual acts by a man with his own wife is not rape, as long as the wife is not under 18 years of age. (Note: Section 67 creates a separate, lesser offense if this happens during separation).
Section 64: Punishment for rape
Section 64(1) – General Punishment:
Breakdown (Plain English): For a “standard” case of rape (as defined in Sec 63), the punishment is:
Punishment: Rigorous imprisonment for a term not less than 10 years, which may extend to life imprisonment. The offender must also pay a fine.
Section 64(2) – Aggravated Punishment:
Breakdown (Plain English): This section lists “aggravated” forms of rape, where the punishment is more severe. This applies if the rapist is:
(a) A police officer (in his station, on a woman in his custody, etc.).
(b) A public servant (using his authority over a woman in his custody).
(c) A member of the armed forces (in a deployed area).
(d) Staff of a jail, remand home, or similar institution (on an inmate).
(e) Staff of a hospital (on a woman in that hospital).
(f) A relative, guardian, teacher, or any person in a position of trust or authority.
…OR if the rape is committed:
(g) During communal or sectarian violence.
(h) On a woman the man knows is pregnant.
(i) On a woman incapable of giving consent.
(j) By a person in a position of control or dominance.
(k) On a woman with a mental or physical disability.
(l) In a way that causes grievous bodily harm, maims, disfigures, or endangers the woman’s life.
(m) Repeatedly on the same woman.
Punishment: Rigorous imprisonment for a term not less than 10 years, which may extend to imprisonment for life, which is explicitly defined here as imprisonment for the remainder of that person’s natural life. A fine is also mandatory.
Section 65: Punishment for rape in certain cases (Child Victims)
Section 65(1) – Victim under 16:
Breakdown (Plain English): Whoever commits rape on a woman (a legal term for a female of any age) who is under 16 years of age.
Punishment: Rigorous imprisonment for a term not less than 20 years, which may extend to life imprisonment (meaning for the remainder of that person’s natural life). A fine is also mandatory.
Provisos: The fine must be “just and reasonable” to cover medical expenses and rehabilitation, and it must be paid to the victim.
Section 65(2) – Victim under 12:
Breakdown (Plain English): Whoever commits rape on a child who is under 12 years of age.
Punishment: Rigorous imprisonment for a term not less than 20 years, which may extend to life imprisonment (remainder of natural life), OR the death penalty. A fine is also mandatory.
Provisos: The fine must be “just and reasonable” and must be paid to the victim.
Section 66: Punishment for causing death or resulting in persistent vegetative state of victim
Breakdown (Plain English): This covers a rape (from Sec 64(1) or 64(2)) where the attacker, during the commission of the rape, inflicts an injury that causes either:
The death of the woman; OR
The woman to be in a “persistent vegetative state.”
Punishment: This is a capital offense. The punishment is DEATH or rigorous imprisonment for a term not less than 20 years, which can extend to life imprisonment (remainder of natural life).
Section 67: Sexual intercourse by husband upon his wife during separation
Breakdown (Plain English): This section creates a specific, limited offense for marital rape. A husband commits this offense if he has sexual intercourse (as defined in Sec 63) with his own wife (who is 18 or older) without her consent, but only when they are living separately. This separation can be under a court’s decree or just a mutual agreement.
Punishment: Imprisonment for a term not less than 2 years, which may extend to 7 years. A fine is also mandatory.
Section 68: Sexual intercourse by a person in authority
Breakdown (Plain English): This section targets sexual “exploitation” that might not be legally “rape” (because the woman may have been coerced into “consenting”).
The Rule: This applies to someone in a position of power who abuses that position to “induce or seduce” a woman under their charge to have sexual intercourse. This includes:
(a) Anyone in a position of authority or a “fiduciary relationship” (e.t., a boss, a legal guardian).
(b) A public servant.
(c) & (d) A manager or staff member of a jail, remand home, hospital, or institution.
Punishment: Rigorous imprisonment for a term not less than 5 years, which may extend to 10 years. A fine is also mandatory.
Real-World Example: The superintendent of a women’s shelter implies to an inmate that she will get better food and privileges if she has sex with him. She agrees out of desperation. This is not rape (as she “consented”) but it is this offense, as he abused his authority to “induce” her.
Section 69: Sexual intercourse by employing deceitful means, etc.
Breakdown (Plain English): This creates a new offense for non-consensual sex (that isn’t rape) obtained through specific forms of deception. A man commits this offense if he has sexual intercourse with a woman by:
Deceitful means: This includes false promises of employment, promotion, or suppressing his identity (e.g., faking his name or religion) to “marry” her.
False promise of marriage: Making a promise to marry the woman with no intention of ever fulfilling that promise.
Punishment: Imprisonment for a term which may extend to 10 years, and a fine.
Real-World Example (1): A man fakes his identity, name, and job to convince a woman to marry him, and they have sex. He has committed this offense by “deceitful means.”
Real-World Example (2): A man promises to marry a woman, and they have sex. He later breaks up with her. This is not a crime. However, if it is proven that he never intended to marry her and the promise was always a lie just to get sex, he has committed this offense.
Section 70: Gang rape
Section 70(1) – Victim 18 or older:
Breakdown (Plain English): When a woman (18 or older) is raped by one or more persons who are acting as a group or with a “common intention.”
The Rule:Every person in that group is “deemed to have committed” the offense of rape.
Punishment: Rigorous imprisonment for a term not less than 20 years, which may extend to life imprisonment (remainder of natural life). A fine is also mandatory.
Provisos: The fine must be “just and reasonable” for the victim’s medical care and rehabilitation, and it must be paid to the victim.
Section 70(2) – Victim under 18:
Breakdown (Plain English): When a woman (under 18 years of age) is gang-raped.
Punishment:Every person in the group is punished with DEATH or life imprisonment (remainder of natural life). A fine is also mandatory.
Provisos: The fine must be “just and reasonable” and must be paid to the victim.
Real-World Example (1): Three men (A, B, C) corner a woman. A and B hold her down (common intention) while C rapes her. All three (A, B, and C) are deemed to have committed gang rape and face the same punishment.
Section 71: Punishment for repeat offenders
Breakdown (Plain English): This section specifies a severe mandatory punishment for repeat offenders of the most serious sexual crimes.
The Rule: If a person has already been convicted of an offense under:
Section 64 (Rape / Aggravated Rape)
Section 65 (Rape of a child under 16 or 12)
Section 66 (Rape causing death or vegetative state)
Section 70 (Gang rape)
…and is subsequently convicted of an offense under any of those same sections…
Punishment: The mandatory punishment is DEATH or imprisonment for life (which is defined as imprisonment for the remainder of that person’s natural life).
Real-World Example: A man was convicted of aggravated rape (Sec 64) in 2025 and served his sentence. In 2035, he is convicted of gang rape (Sec 70). Because this is his second conviction for one of the listed offenses, he will be sentenced to either death or imprisonment for the rest of his natural life.
Section 72: Disclosure of identity of victim of certain offences, etc.
Section 72(1) – The Offense:
Breakdown (Plain English): This section makes it a crime to reveal the identity of a victim of a sexual offense.
The Rule: You are not allowed to print or publish the name or any matter that could make the victim’s identity known. This applies to victims of offenses under Sections 64-71 (all rape and aggravated sexual assault categories).
Punishment: Imprisonment for up to two years and a fine.
Real-World Example: A newspaper, in its crime report, prints the name and address of a woman who filed a gang rape complaint. The publisher and the reporter have committed this offense. This also applies to posting her name or identifiable photo on social media.
Section 72(2) – Exceptions:
Breakdown (Plain English): You are allowed to publish the victim’s identity only in these specific cases:
(a) Police Investigation: The officer-in-charge of the police station (or investigating officer) gives a written order to publish, in good faith, for the purposes of the investigation (e.g., a “missing person” alert that is part of a kidnapping and rape case).
(b) Victim’s Authorization: The victim (if she is an adult and of sound mind) gives written authorization to publish her identity (e.g., she wants to tell her own story publicly).
(c) Next of Kin’s Authorization: If the victim is dead, a child, or of unsound mind, the next of kin can give written authorization… BUT (see Proviso) this authorization can only be given to the chairman or secretary of a recognized social welfare institution or organization.
Real-World Example (c): The parents of a child victim cannot give a newspaper permission to print their child’s name. They can give written authorization to a recognized NGO (like a child welfare organization) to use the child’s identity in its official reports or advocacy.
Section 73: Printing or publishing any matter relating to Court proceedings without permission
Breakdown (Plain English): This section extends victim privacy to the court proceedings themselves.
The Rule: You cannot print or publish any matter related to the court proceedings for any of the offenses listed in Sec 72 without the court’s previous permission. This is why these are often “in-camera” (private) trials.
Punishment: Imprisonment for up to two years and a fine.
Explanation: This rule does not apply to printing or publishing the final judgment of a High Court or the Supreme Court.
Real-World Example: A court reporter live-tweets the details of a victim’s testimony from inside the courtroom during a rape trial, without the judge’s permission. The reporter has committed this offense.
Sub-Chapter: Of criminal force and assault against woman
Section 74: Assault or use of criminal force to woman with intent to outrage her modesty
Breakdown (Plain English): This is the offense of “outraging the modesty” of a woman.
The Rule: It is a crime to assault a woman (making her fear immediate harm) or use criminal force on her (using force, however slight), with the intention of outraging her modesty or knowing it is likely to do so.
Punishment: Imprisonment for a term not less than one year but which may extend to five years, and a fine.
Real-World Example: This covers a wide range of acts. Groping, forcibly kissing, or pulling at a woman’s clothes in a public place are all classic examples of using criminal force to outrage her modesty.
Section 75: Sexual harassment
Section 75(1) – Definition:
Breakdown (Plain English): A man is guilty of “sexual harassment” if he commits any of the following acts:
(i)Unwelcome Physical Contact: Physical contact and advances that are unwelcome and explicitly sexual.
(ii)Demand for Sexual Favors: A demand or request for sexual favors (e.g., “quid pro quo”).
(iii)Showing Pornography: Showing pornography to a woman against her will.
(iv)Sexually Colored Remarks: Making sexually colored remarks.
Section 75(2) – Punishment for (i), (ii), (iii):
Breakdown (Plain English): For unwelcome physical contact, demanding sexual favors, or showing pornography against her will…
Punishment: Rigorous imprisonment for up to three years, or a fine, or both.
Section 75(3) – Punishment for (iv):
Breakdown (Plain English): For making sexually colored remarks…
Punishment: Imprisonment for up to one year, or a fine, or both.
Real-World Example (i): A boss repeatedly puts his hand on a female employee’s back or shoulder despite her pulling away and showing clear discomfort.
Real-World Example (iv): A man on the street makes lewd, sexually explicit comments about a woman’s body as she walks by.
Section 76: Assault or use of criminal force to woman with intent to disrobe
Breakdown (Plain English): This is the offense of trying to strip a woman in public.
The Rule: It is a crime to assault or use criminal force on any woman with the intention of disrobing her or compelling her to be naked. This also includes abetting (helping or encouraging) such an act.
Punishment: Imprisonment for a term not less than three years but which may extend to seven years, and a fine.
Real-World Example: During a public protest, a man grabs a woman’s clothes and tries to rip them off. He is guilty of this offense.
Section 77: Voyeurism
Breakdown (Plain English): This is the offense of “peeping” or secretly recording someone in a private situation.
The Rule: You commit voyeurism if you:
Watch OR capture an image of a woman engaging in a “private act”;
In circumstances where she would expect privacy;
OR Disseminate (share) such an image.
Explanation 1 (Private Act): A “private act” includes watching someone in a place where they expect privacy (like a bathroom, bedroom, or changing room) and their genitals, posterior, or breasts are exposed or in underwear. It also includes watching them use a lavatory or engage in a sexual act.
Explanation 2 (Dissemination): Even if the victim consented to the capture of the images (e.g., in a private video), it is still voyeurism to disseminate (share) those images with third parties without her consent.
Punishment:
First Conviction: Imprisonment for not less than one year but up to three years, and a fine.
Second or Subsequent Conviction: Imprisonment for not less than three years but up to seven years, and a fine.
Real-World Example (Capture): A landlord installs a hidden camera in his tenant’s bathroom.
Real-World Example (Dissemination): A man shares a private, sexual video of his ex-girlfriend with his friends after they break up. This is “revenge porn” and is an offense under this section.
Section 78: Stalking
Section 78(1) – Definition:
Breakdown (Plain English): A man commits stalking if he:
(i)Follows a woman and contacts (or tries to contact) herrepeatedly to foster personal interaction, despite her clearly indicating she is not interested; OR
(ii)Monitors a woman’s use of the internet, email, or any other electronic communication (cyber-stalking).
Proviso (Exceptions): It is NOT stalking if the man proves his conduct was:
(i) For Preventing Crime: He is a police officer or someone else entrusted by the State with crime prevention/detection.
(ii) Legal Compliance: He was required to do it under any law (e.g., a process server delivering a legal notice).
(iii) Reasonable and Justified: His conduct was reasonable in the specific circumstances (e.g., a private investigator hired by a spouse for a divorce case).
Section 78(2) – Punishment:
Punishment:
First Conviction: Imprisonment for up to three years, and a fine.
Second or Subsequent Conviction: Imprisonment for up to five years, and a fine.
Real-World Example (i): A woman’s ex-boyfriend repeatedly shows up at her workplace, waits for her, and sends her dozens of “I miss you” texts, even after she has blocked his number and told him to leave her alone.
Real-World Example (ii): A man repeatedly creates fake social media accounts to send messages to a woman who has blocked him, or he uses spyware to track her location and read her emails.
Section 79: Word, gesture or act intended to insult modesty of a woman
Breakdown (Plain English): This is a broader “modesty” offense, similar to Sec 74 but without requiring physical force.
The Rule: It is a crime to intend to insult a woman’s modesty by:
Uttering any word or making any sound so she can hear it;
Making any gesture or exhibiting any object so she can see it;
Intruding upon her privacy.
Punishment: Simple imprisonment for up to three years, and a fine.
Real-World Example: This could include acts like flashing (indecent exposure) or making lewd gestures at a woman from a car. Intruding on privacy could include a man peeking over a cubicle wall to watch a woman, intending to insult her modesty.
Sub-Chapter: Of offences relating to marriage
Section 80: Dowry death
Section 80(1) – Definition:
Breakdown (Plain English): This section defines the specific crime of “dowry death.” It is not a normal murder charge; it’s a special offense. All the following conditions must be met:
A woman dies (from burns, bodily injury, or “otherwise than under normal circumstances”).
The death occurs within seven years of her marriage.
It is shown that “soon before her death” she was subjected to cruelty or harassment.
The cruelty/harassment was by her husband or any relative of her husband.
The cruelty/harassment was for, or in connection with, any demand for dowry.
The Rule: If all 5 conditions are met, the law presumes that the husband or relative caused her death, and they are charged with “dowry death.”
Explanation (Dowry): “Dowry” has the same meaning as in the Dowry Prohibition Act, 1961.
Section 80(2) – Punishment:
Punishment: Imprisonment for a term not less than seven years but which may extend to imprisonment for life.
Real-World Example: A woman is married for two years. Her in-laws constantly harass her for a car. One day, she is found dead in the kitchen from “burn injuries.” It is shown that the in-laws had harassed her for the car just the day before. The police will arrest the husband and in-laws for the offense of “dowry death.”
Sub-Chapter: Of offences relating to marriage
Section 81: Cohabitation caused by man deceitfully inducing belief of lawful marriage
Breakdown (Plain English): This offense is committed by a man who tricks a woman (who is not his lawful wife) into believing she is legally married to him. As a result of this deceitful belief, she then lives with him (cohabits) or has sexual intercourse with him.
Punishment: Imprisonment for up to ten years and a fine.
Real-World Example: A man, A, is already married. He wants to live with another woman, B, so he stages an elaborate but fake wedding ceremony with a fake priest. B, believing she is now lawfully married to A, begins to live with him as his wife. A has committed this offense. This is different from Sec 69 (False Promise to Marry) because here the victim believes she is married, not that she will be married.
Section 82: Marrying again during lifetime of husband or wife (Bigamy)
Section 82(1) – The Offense:
Breakdown (Plain English): This is the crime of bigamy. It is committed by anyone who, while their legal husband or wife is still alive, marries another person. This only applies if the second marriage is legally void (invalid) because the first marriage still exists.
Punishment: Imprisonment for up to seven years and a fine.
Exception 1: This law does not apply if a competent court has already declared the first marriage void.
Exception 2: This law does not apply to a person whose first spouse has been “continually absent” (missing) for at least seven years and has not been heard from by that person in all that time.
Proviso to Exception 2: To use this “seven-year” exception, the person must inform their new partner of the “real state of facts” (i.e., that their first spouse is missing, not confirmed dead) before the second marriage takes place.
Section 82(2) – Aggravated Offense (Concealment):
Breakdown (Plain English): This is a more serious version of bigamy. It’s when a person commits the offense in 82(1) and they conceal (hide) the fact of their first marriage from the person they are newly marrying.
Punishment: Imprisonment for up to ten years and a fine.
Real-World Example (Standard): A is married to B. A moves to a new city, does not get a divorce, and marries C. A is guilty under 82(1).
Real-World Example (Aggravated): A is married to B. A moves and tells C that he has never been married before. C, believing him, marries him. A is guilty under 82(2) because he concealed his first marriage.
Section 83: Marriage ceremony fraudulently gone through without lawful marriage
Breakdown (Plain English): This is the crime of participating in a sham wedding for a dishonest or fraudulent purpose. It’s committed by anyone who goes through a marriage ceremony knowing that they are not legally being married (perhaps because they are already married, or the officiant is fake, etc.).
Punishment: Imprisonment for up to seven years and a fine.
Real-World Example: A man, A, wants to extract a large dowry from B’s family. He is already married. He stages a full, elaborate wedding ceremony and “marries” B, knowing the entire time that the marriage is a sham and has no legal effect. A has committed this offense.
Section 84: Enticing or taking away or detaining with criminal intent a married woman
Breakdown (Plain English): This offense has two parts. It is a crime to:
Take or entice (lure) away a woman who he knows (or believes) is married to another man, with the specific intent that she will have “illicit intercourse” (sex) with any person.
Conceal or detain such a woman with that same intent.
Punishment: Imprisonment for up to two years, or a fine, or both.
Real-World Example: A knows B is married to C. A convinces B to leave her husband’s home and hides her in his apartment, with the intent of starting a sexual relationship with her. A is guilty of this offense. (Note: The woman, B, is not charged under this section).
Section 85: Husband or relative of husband of a woman subjecting her to cruelty
Breakdown (Plain English): This section makes “cruelty” by a husband or his relatives a specific crime.
The Rule: It is a crime for a husband or any relative of the husband to subject the woman (his wife) to cruelty.
Punishment: Imprisonment for up to three years and a fine.
Note: The legal definition of “cruelty” is provided in the very next section (Sec 86) and is essential to understanding this offense.
Section 86: Cruelty defined
Breakdown (Plain English): This section provides the two specific legal definitions of “cruelty” that are used for Section 85.
Definition (a) – Physical or Mental Harm: “Cruelty” means any willful (intentional) conduct that is so severe it is likely to:
Drive the woman to commit suicide; OR
Cause grave injury or danger to her life, limb, or health (this includes both mental and physical health).
Definition (b) – Harassment for Dowry: “Cruelty” also means harassment of the woman where the purpose is:
To coerce (force) her or her relatives to give up any property or valuable security (this is the “unlawful demand” for dowry); OR
The harassment is because she or her relatives failed to meet such a demand.
Real-World Example (a): A husband’s mother and sister constantly lock their daughter-in-law in a room, starve her, and tell her she is worthless and should kill herself. This is willful conduct likely to cause grave injury to her mental health and drive her to suicide. They are guilty of cruelty.
Real-World Example (b): A husband constantly demands his wife get him a car from her parents. When she refuses, he insults her and refuses to let her eat. This is harassment on account of an unlawful demand. He is guilty of cruelty.
Section 87: Kidnapping, abducting or inducing woman to compel her marriage, etc.
Breakdown (Plain English): This offense covers forcing or tricking a woman into a situation where she can be sexually exploited or forced to marry. It is a crime to:
Kidnap or abduct any woman with the intent to compel her to marry any person against her will; OR
Kidnap or abduct any woman so that she can be forced or seduced (tricked) into “illicit intercourse”; OR
Use any other form of compulsion (like threats, abuse of authority, etc.) to induce a woman to go from any place, with the intent that she will be forced or seduced into intercourse.
Punishment: Imprisonment for up to ten years and a fine.
Real-World Example (Compel Marriage): A man, A, kidnaps his ex-girlfriend, B, and takes her to a remote temple, intending to force a priest to marry them against her will. A is guilty.
Real-World Example (Induce for Sex): A factory owner, C, tells a new female employee, D, to come with him to a private storeroom (inducing her to “go from any place”) by implying her job is at risk if she refuses (abuse of authority), with the intent to sexually assault her once she is there. C is guilty.
Sub-Chapter: Of causing miscarriage, etc.
Section 88: Causing miscarriage
Breakdown (Plain English): This is the general offense of intentionally causing an abortion.
The Rule: It is a crime to voluntarily (intentionally) cause a woman who is “with child” (pregnant) to miscarry.
The Exception: This is not a crime if the miscarriage was caused in good faith for the purpose of saving the woman’s life.
Punishment:
Standard: Imprisonment for up to three years, or a fine, or both.
If “quick with child”: If the woman is “quick with child” (i.e., the fetus has begun to move), the punishment is more severe: imprisonment for up to seven years and a fine.
Explanation: The woman who causes herself to miscarry (e.g., by taking unprescribed pills) is also covered by this section and can be found guilty of the offense.
Real-World Example (Exception): A pregnant woman has an ectopic pregnancy, which is life-threatening. A doctor performs a procedure to terminate the pregnancy. The doctor is not guilty because the act was done in good faith to save the woman’s life.
Section 89: Causing miscarriage without woman’s consent
Breakdown (Plain English): This is a much more serious, aggravated version of the previous offense.
The Rule: It is a crime to cause a woman to miscarry (as in Sec 88) but without her consent. This applies whether she is “quick with child” or not.
Punishment:Imprisonment for life, or imprisonment for up to ten years, and a fine.
Real-World Example: A man, A, finds out his girlfriend, B, is pregnant. He secretly puts an abortion-inducing drug into her drink without her knowledge or consent. She miscarries. A is guilty of this offense.
Section 90: Death caused by act done with intent to cause miscarriage
Section 90(1) – With Consent:
Breakdown (Plain English): This applies when a person intends to cause a miscarriage (with the woman’s consent) but does an act that causes the woman’s death.
Punishment: Imprisonment for up to ten years and a fine.
Real-World Example (1): A woman, A, pays an unqualified person, B, to perform an illegal abortion. B performs the procedure, and A dies as a result. B is guilty of this offense.
Section 90(2) – Without Consent:
Breakdown (Plain English): This is the aggravated version. A person intends to cause a miscarriage (like in Sec 89, without the woman’s consent), and the act causes the woman’s death.
Punishment:Imprisonment for life, or the punishment mentioned in 90(1).
Real-World Example (2): A man, C, attacks his pregnant wife, D, intending to “get rid of the baby.” He kicks her in the stomach, which not only causes a miscarriage but also causes D to die from internal bleeding. C is guilty of this offense.
Explanation (for both): To be guilty of this crime, the offender only needs the intent to cause a miscarriage. It is not necessary to prove they also knew the act was likely to cause death.
Section 91: Act done with intent to prevent child being born alive or to cause to die after birth
Breakdown (Plain English): This offense targets acts that kill a child during the process of birth. It is a crime to do any actbefore the child is born with the intention of:
Preventing the child from being born alive, OR
Causing the child to die after its birth.
The Rule: If that act actually prevents the live birth or causes the child to die after birth, the person is guilty.
The Exception: This is not a crime if the act was done in good faith for the purpose of saving the life of the mother.
Punishment: Imprisonment for up to ten years, or a fine, or both.
Real-World Example: During a difficult delivery (not for medical reasons), someone intentionally injures the child as it is emerging from the womb, and the child dies as a result. This is not a miscarriage (Sec 88) or culpable homicide (Sec 100), but this specific offense.
Section 92: Causing death of quick unborn child by act amounting to culpable homicide
Breakdown (Plain English): This is a very specific offense. It applies when someone does an act that would have been “culpable homicide” (i.e., they intended to cause death or knew it was likely) if they had killed a person. But instead of killing the woman, the act causes the death of her “quick unborn child”.
“Quick unborn child” means a fetus that has developed to the point where it can move in the womb.
Punishment: Imprisonment for up to ten years and a fine.
Illustration (Simplified): A, in a fit of rage, attacks his pregnant wife, B, intending to kill her. B survives the attack, but her “quick unborn child” dies as a direct result of the injuries. A is guilty of this offense (in addition to any charges for attacking B).
Sub-Chapter: Of offences against child
Section 93: Exposure and abandonment of child under twelve years of age, by parent or person having care of it
Breakdown (Plain English): This is the crime of child abandonment.
The Rule: It is a crime for a father, mother, or caregiver of a child under 12 years old to expose or leave that child in any place with the intention of wholly abandoning them.
Punishment: Imprisonment for up to seven years, or a fine, or both.
Explanation: This section does not replace a murder or culpable homicide charge. If the child dies because of the abandonment (e.g., from exposure), the parent or caregiver can be tried for murder or culpable homicide instead.
Real-World Example: A caregiver drives a 5-year-old child to an unknown city, leaves them in a park, and drives away, with no intention of ever returning. The caregiver is guilty of this offense.
Section 94: Concealment of birth by secret disposal of dead body
Breakdown (Plain English): This is the crime of hiding the body of a dead infant to conceal its birth.
The Rule: It is a crime to intentionally conceal or try to conceal the birth of a child by secretly burying or otherwise disposing of its dead body. This applies whether the child died before, during, or after its birth.
Punishment: Imprisonment for up to two years, or a fine, or both.
Real-World Example: A person gives birth to a stillborn child. Fearing social stigma, they secretly bury the child’s body in their backyard to hide the fact of the birth. They have committed this offense.
Section 95: Hiring, employing or engaging a child to commit an offence
Breakdown (Plain English): This makes it a serious crime to use a child to commit a crime for you.
The Rule: It is a crime to hire, employ, or engage any child (under 18) to commit any offense.
Punishment:
Just for hiring: Imprisonment from three to ten years and a fine.
If the offense is actually committed: The person who hired the child will be punished as if they had committed the offense themselves.
Explanation: This specifically includes using a child for sexual exploitation or pornography.
Real-World Example: A drug dealer, A, hires a 15-year-old, B, to transport a package of illegal drugs, thinking the child won’t be suspected. A is guilty under this section. If B completes the delivery, A is punished for drug trafficking as if he had done it himself.
Section 96: Procuration of child
Breakdown (Plain English): This is the crime of “procuring” or “grooming” a child for sexual exploitation.
The Rule: It is a crime to use any means to induce a child (under 18) to:
Go from any place, OR
Do any act…
…with the intent that the child will be forced or seduced into “illicit intercourse” (sex) with another person. This also applies if the person knows it is likely this will happen.
Punishment: Imprisonment for up to ten years and a fine.
Real-World Example: A woman, A, befriends a lonely teenager, B, and convinces her to “run away” and come to a new city (inducing her to “go from any place”). A’s real intent is to hand B over to a man, C, for sexual purposes. A is guilty of procuration.
Section 97: Kidnapping or abducting child under ten years of age with intent to steal from its person
Breakdown (Plain English): This is a specific offense for kidnapping a young child to steal from them.
The Rule: It is a crime to kidnap or abduct any child under 10 years old with the intention of dishonestly taking any movable property (like jewelry, a phone, etc.) from the child.
Punishment: Imprisonment for up to seven years and a fine.
Real-World Example: A person sees a 6-year-old child wearing expensive gold earrings in a park. They lure the child away (kidnap) with the intent to steal those earrings. They are guilty of this offense, regardless of whether they succeed in stealing them.
Section 98: Selling child for purposes of prostitution, etc.
Breakdown (Plain English): This section criminalizes the act of selling or disposing of a child for exploitation.
The Rule: It is a crime to sell, let to hire, or otherwise dispose of any child (under 18) with the intent (or knowing it is likely) that the child will be used at any age for:
Prostitution,
Illicit intercourse with any person, OR
Any unlawful and immoral purpose.
Punishment: Imprisonment for up to ten years and a fine.
Explanation 1 (Presumption): If a female under 18 is sold/disposed of to a prostitute or a brothel manager, the law presumes the seller intended her to be used for prostitution (unless they can prove otherwise).
Explanation 2 (“Illicit Intercourse”): This is defined as sexual intercourse between people not united by marriage or a recognized quasi-marital union.
Real-World Example: A human trafficker “sells” a 16-year-old to a brothel. The trafficker is guilty of this offense.
Section 99: Buying child for purposes of prostitution, etc.
Breakdown (Plain English): This is the other side of the previous section—it criminalizes buying or obtaining a child for exploitation.
The Rule: It is a crime to buy, hire, or otherwise obtain possession of any child (under 18) with the intent (or knowing it is likely) that the child will be used at any age for:
Prostitution,
Illicit intercourse, OR
Any unlawful and immoral purpose.
Punishment: Imprisonment for not less than seven years but up to fourteen years, and a fine.
Explanation 1 (Presumption): If a prostitute or brothel manager buys, hires, or obtains a female under 18, the law presumes they did so with the intent to use her for prostitution (unless they can prove otherwise).
Explanation 2 (“Illicit Intercourse”): Same definition as in Section 98.
Real-World Example: A brothel owner pays a trafficker to “buy” a 16-year-old. The brothel owner is guilty of this offense.
