Dr J C Vashista (Advocate) 07 June 2021
What are the facts of problem vis-a-vis your locus standi, if it is not an examination hall question paper ?
Vasundhara Singh (Student) 07 June 2021
Indian penal code has laid down various provisions for offences against women out of which some are related to s*xual offences, some related to marriage, bodily harm etc. Sexual offence on women can happen in more than one way, it can s*xual harassment, acid attack, assault, stalking, voyeurism etc.
Section 354A of the Code deals with s*xual harassment of women and its punishment. It is important to know that before accusing anyone of such a grievous offence, you understand the meaning of the same. People sometimes get confused between s*xual harassment and attempt to rape. Sexual harassment is defined as a man who commits any of the following acts—
physical contact and advances involving unwelcome and explicit s*xual overtures; or
a demand or request for s*xual favours; or
showing p*rnography against the will of a woman; or
making s*xually coloured remarks shall be guilty of the offence of s*xual harassment
This is different from attempt to rape. There is no one specific section that mentions about attempt to rape but in cases where there is attempt to rape, Section 376 is read with section 511 of IPC.
Section 376 lays down the punishment for rape and when read with Section 511, it lays down the punishment for attempt to rape. Section 511 talks about punishment for attempting to commit offences punishable with imprisonment for life or other imprisonments. In a recent case, Chaitu Lal vs the State of Uttarakhand, the Supreme Court laid down the interpretation of an attempt to rape and its punishment.
T. Kalaiselvan, Advocate (Advocate) 07 June 2021
IPC 376 is the provision for punishing the accused for rape offence, however there is no provision in law for attempt to rape.