Abstract

Along with kidnapping, abduction and sexual offences, these are all defined under the Indian Penal Code (IPC). Kidnapping (under Sections 359–361) is taking any person, when such person is a minor (for a man, below 16, for woman below 18), of unsound mind, against the order of his lawfull guardian, by force and carried away against his consent. Section 362 of the Indian Penal Code addresses abduction, where it is being compelled or induced to write a place by force or deception. It is not only an substantive offence and carries a severe punishment but abducting is subsidiary and punishable only in case of being accompanied by other crimes like wrongful confinement or ransom. Criminalized by law is the non consensual intercourse in any form including the use of force, fraud or causing or creating any undue threats (Section 375). If the fear or intoxication or misrepresentation of the person involved is such as to amount to involuntary fear and intoxication misrepresentation, the consent is invalid. Additionally Section 375(2) does not provide for an offence even when the case is on non consentual intercourse of a person above 18 years in the case of marial rape. Judicial precedents like Independent Thought v. But Union of India (2017) have reacted partially by making sex with a minor wife (above 15 years age, below 18) criminal, but adult women are not legally safe. However, the psychological impact of sexual violence like revictimization or PTSD makes stronger legal and social reforms even more stronger.

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