Women's Rights and Self Defence Laws
WOMEN’S RIGHT UNDER LAW
- A woman if she is a witness has a right to be examined in her own house in the presence of her close relatives(160 of Cr PC).
- A woman should not sign the FIR unless she is satisfied that it is accurate. (National Commission for women).
- If the officer concerned refuses to register the FIR, a copy of the complaint should be sent to the Deputy Commissioner of Police of the respective Division immediately.
- Every woman has the right to take legal action by approaching the Court if the officer in charge does not take any action on the complaint.
- A woman can be searched, only by another woman with strict regard to decency. (Section 51 and 100 Cr PC)
- Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there. ( 47 Cr PC).
- No woman under the age of 15 years, can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides. (Sec. 160 Cr PC)
- Every woman has a right to take legal action against her husband if she is being tortured both physical and mentally or tortured for not agreeing to the demand of money or valuables ( 498(A) of IPC).
- If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them. ( 498(A) of IPC).
- If a woman has been kidnapped and either forced against her will to marry any person or to have sexual intercourse, a crime has been committed and she has the right to lodge a complaint. (Sec. 366 of IPC).
LAWS ON SEXUAL HARASSMENT: INDIAN PENAL CODE
Sexual harassment of women in public places is not defined precisely under Indian law. Several sections of the Indian Penal Code (IPC) deal with it in different ways, and in many cases, with significant overlaps.
- Section 292 states that that showing pornographic or obscene pictures, books or slips to a woman or girl will draw a fine of Rs.2000 with two years of rigorous imprisonment for first offenders.
- Section 298 (A) and (B) of the IPC sentences a man found guilty of making a girl or woman the target of obscene gestures, remarks, songs or recitation for a maximum tenure of three months.
- Section 354 deals with the use of criminal force against a woman with intent to outrage her modesty, and prescribes imprisonment of upto two years, or a fine, or both.
- Under Section 509, obscene gestures, indecent body language and comments intended to ‘insult the modesty of a woman’ carry a penalty of rigorous imprisonment for one year, or a fine, or both.
LAWS PERTAINING TO SELF DEFENSE
- IPC Section 96:
- Of the right of private defense, things done in private defense: Nothing is an offence which is done in the exercise of the right of private defense.
- IPC Section 97:
Right of private defense of the body and of property.
- Every person has a right, subject to the restrictions contained in section 99, to defend- First - His own body, and the body of any other person, against any offence affecting the human body; Secondly - The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
- IPC Section 102:
commencement and continuance of the right of private defense of the body.
- The right of private defense of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed, and it continues as long as such apprehension of danger to the body continuous.
- IPC Section 105:
commencement and continuance of the right of private defense of property.
- The right of private defense of property commences when a reasonable apprehension of danger to the property commences. The right of private defense of property against theft continuous till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defense of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continuous. The right of private defense of property against criminal trespass or mischief continues as long as the offender continues in the commission or criminal trespass or mischief. The right of private defense of property against house- breaking by night continues as long as the house- trespass which has been begun by such house breaking continues.
- IPC Section 106:
Right of private defense against deadly assault when there is risk of harm to innocent person.
- If, in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectively exercise that right without risk of harm to an innocent person, his right to private defense extends to the running of that risk.
- Mark Safety Products can be kept with you for personal safety. The products are procured from authentic sources. Products like Pepper Spray, Baton and Knife are defined as arms; under the 'ARMS' act, anything made or designed for the specific purpose of Defence or Offence falls under the category of 'ARMS'. Even a wooden pole made for the reason of attacking or defending is an "ARM", however if the same is used for agriculture purpose it is not labelled as an "ARM". Under the 'ARMS" act, license is required only for "Fire Arms" (containing gun powder & explosive ingredients)/ lethal weapons, hence no license is required for these self defence products.
- Please note that the usage of Mark's Self Defence products is admissible under IPC Section 96, Section 97, Section 102 and Section 105, and Section 106, subject to case specific legal considerations. However, unwarranted use of these products is a crime. We strongly suggest you inform the nearest police station about any incident pertaining to assault, harassment, and violence and subsequent use of our product(s).