SEXUAL OFFENCES IN INDIA: SPECTRUM OF OPPORTUNITIES WHAT WE HAVE VIS-À-VIS WHAT WE NEED
Downloads
DOI:
https://doi.org/10.55662/APLPR.2020.615Keywords:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Indian Penal Code, 1860,, Sentencing Policy.Abstract
The Indian criminal justice system is currently struggling with the slow pace of implementation mechanism for it lacks a comprehensive sentencing policy. What we need in the current scenario is a uniform sentencing guideline which can serve as a torch bearer to the judiciary for it can guide them while dispensing the judgment and the common people would be certain about the punishment which they can be made liable for in lieu of any offence. Sentencing policy for sexual offences under the Indian criminal justice system has been witnessing major changes for almost a decade. One change that has grabbed the attention of the masses is with respect to the punishments and certainty of it. Indian Penal Code, 1860 and various other sexually related laws are working to make it deterrent and eventually to curb the menace that is inflicting havoc on our society. This paper shall be discussing the existing legislative framework regarding the sexual offences in Indian and shall also be testing the efficacy of a sentencing policy under the regime of sexual offences in Indian criminal justice system. The paper shall be discussing Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and various other sexual offences as enunciated under Indian Penal Code, 1860 with a view to highlight the trends of sentencing followed in such conviction.
External References to this Article
Loading reference data...
Readership Data
Refreshing Cached Analytics Data
The cached analytics data has become stale and journal.thelawbrigade.com is making a fresh request to fetch the latest data from Google Analytics. This may take 20-30 seconds depending on the server response time from Google Analytics. Please do not close the browser during this time. We appreciate your patience.
References
i Available at https://lexquest.in/need-for-sentencing-policy-in-india
ii Available at https://www.loc.gov/law/help/sentencing-guidelines/india.php
iii Training of Empanelled Layers in Jharkhand On Violence Against Women & Violence Against Child
http://jhalsa.org/pdfs/Reading_Materials/RM_19_09_2015/volume_4.pdf
iv Gitanjali Ganguly, “Indian Feminism Issues of Sexuality and representation”, in Popular Culture in a Globalised
India, ed.K.Moti Gokulsing et.al.(Routledge: 2009) 55
v Tukaram v. State of Maharashtra AIR 1979 SC 185, Prem Chand v. St. of Haryana 1989 Supp (1) SCC 286,
Also see Naina Kapur, “Sexual Harassment and Law Reform In India” (Expert Group Meeting on good practices
in legislation on violence against women United Nations Office at Vienna, Austria May 26 to 28, 2008).
vi ibid
vii Pratiksha Baxi, Sexual Harassment, http://www.india-seminar.com/2001/505/505%20pratiksha%20baxi.htm
viii Sandra Neuman, “The Issue of Sexual Violence against Women In Contemporary India” (Master's Thesis,
Linnaeus University, 2013).
ix Available at https://www.indianbarassociation.org/crimes-against-women-a-legal-perspective/
xAvailable at
http://mja.gov.in/Site/Upload/GR/Title%20NO.94(As%20Per%20Workshop%20List%20title%20no94%20pdf).
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Citation Metrics
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Ankita Shukla, Dr. Kaveri Sharma
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
How to Cite
Citations List
