SEXUAL OFFENCES
Definition
Sexual offences are crimes that involve non-consensual sexual contact or activity, including rape, molestation, and other forms of sexual abuse.
Classification
Sexual offences can be classified into two main categories:
- Natural sexual offences: These include crimes that involve natural sexual acts, such as rape, sodomy, and incest.
- Unnatural sexual offences: These include crimes that involve unnatural or abnormal sexual acts, such as bestiality and sadism.
Natural Sexual Offences
- Rape: Non-consensual sexual intercourse.
- Sodomy: Non-consensual anal intercourse.
- Incest: Sexual intercourse between close relatives.
- Molestation: Non-consensual touching or fondling of a person's genitals.
Unnatural Sexual Offences
- Bestiality: Sexual intercourse with an animal.
- Sadism: Taking pleasure in causing physical or emotional pain to others.
- Masochism: Taking pleasure in receiving physical or emotional pain.
Sexual Perversions
- Fetishism: Taking pleasure in specific objects or body parts.
- Transvestism: Wearing clothing of the opposite sex for sexual gratification.
- Exhibitionism: Exposing one's genitals to others for sexual gratification.
- Voyeurism: Watching others naked or engaging in sexual acts for sexual gratification.
Clinical Examination and Findings
- Victim: Examination may include a physical examination, collection of clothing and other evidence, and a medical history.
- Assailant: Examination may include a physical examination, collection of DNA evidence, and a medical history.
Medicolegal Aspects
- Consent: Lack of consent is a key factor in determining whether a sexual offence has occurred.
- Force: Use of force or coercion to commit a sexual offence.
- Age: Age of the victim and assailant can be a factor in determining the severity of the offence.
Bharatiya Nyay Sanhita Bill 2023 and Bharatiya Sakshya (Second) Bill 2023
- Bharatiya Nyay Sanhita Bill 2023: This bill aims to reform the Indian Penal Code and make it more effective in dealing with sexual offences.
- Bharatiya Sakshya (Second) Bill 2023: This bill aims to reform the Indian Evidence Act and make it more effective in dealing with sexual offences.
Key Points
- Section 375 IPC: Defines rape and provides for punishment.
- Section 376 IPC: Provides for punishment for rape.
- Section 377 IPC: Provides for punishment for unnatural offences.
- Section 403 IPC: Provides for punishment for molestation.
- Section 224 IPC: Provides for punishment for causing hurt to a public servant.
Forensic Medicine and Toxicology Notes
Sexual Offences
- Rape: Non-consensual sexual intercourse.
- Sodomy: Non-consensual anal intercourse.
- Incest: Sexual intercourse between close relatives.
- Molestation: Non-consensual touching or fondling of a person's genitals.
Classification of Sexual Offences
- Natural sexual offences: Crimes that involve natural sexual acts, such as rape and sodomy.
- Unnatural sexual offences: Crimes that involve unnatural or abnormal sexual acts, such as bestiality and sadism.
Medicolegal Aspects
- Consent: Lack of consent is a key factor in determining whether a sexual offence has occurred.
- Force: Use of force or coercion to commit a sexual offence.
- Age: Age of the victim and assailant can be a factor in determining the severity of the offence.
Clinical Examination and Findings
- Victim: Examination may include a physical examination, collection of clothing and other evidence, and a medical history.
- Assailant: Examination may include a physical examination, collection of DNA evidence, and a medical history.
Forensic Identification Features
- DNA evidence: Can be used to identify the assailant.
- Fingerprint evidence: Can be used to identify the assailant.
- Footwear evidence: Can be used to identify the assailant.
Legal Provisions
- Section 375 IPC: Defines rape and provides for punishment.
- Section 376 IPC: Provides for punishment for rape.
- Section 377 IPC: Provides for punishment for unnatural offences.
- Section 403 IPC: Provides for punishment for molestation.
- Section 224 IPC: Provides for punishment for causing hurt to a public servant.