Sexual Offences Questions and Answers

Q: Provisions regarding sexual harassment and punishment for sexual harassment has been discussed in which section of The Indian Penal Code, 1860?

Sexual harassment and its punishment are dealt with in Section 354A of the Indian Penal Code, 1860, inserted by the Criminal Law (Amendment) Act, 2013. It covers physical contact and advances, a demand for sexual favours, showing pornography against a woman's will and making sexually coloured remarks.Section 161 was an old provision on a public servant taking a gratification other than legal remuneration, Section 441 defines criminal trespass, and there is no Section 242C on sexual harassment. Only Section 354A matches the heading in the question.

Q: Unnatural offences have been discussed in which section of the Indian Penal Code, 1860?

Unnatural offences are dealt with in Section 377 of the Indian Penal Code, 1860, which punished voluntary carnal intercourse against the order of nature. The Supreme Court in Navtej Singh Johar v. Union of India (2018) read it down so that it no longer applies to consensual acts between adults.Section 390 defines robbery, Section 225 deals with resistance or obstruction to the lawful apprehension of another person, and Section 505 deals with statements conducing to public mischief. None of them is the unnatural offences provision.

Q: Under the provisions of Protection of Children from Sexual Offences Act, 2012, can a report be published by the media, which discloses the identity of a sexually assaulted child:-

Such a report can be published if permitted by the competent Special Court.Section 23(2) of the Protection of Children from Sexual Offences Act, 2012 forbids any media report from disclosing the identity of a child, including the child's name, address, photograph, family details, school or neighbourhood, provided that for reasons recorded in writing the Special Court may permit such disclosure if in its opinion it is in the interest of the child.So publication is not absolutely barred, and 'public interest' alone is not the test; the Special Court's permission, given in the child's interest, is required.

Q: The following offences are added by way of The Criminal Law (Amendment) Act, 2013 :

The offences added are both (B) and (C).Following the Justice Verma Committee report, the Criminal Law (Amendment) Act, 2013 inserted new sections in the IPC, among them Section 354A (sexual harassment and punishment for sexual harassment), Section 354B (assault or use of criminal force to woman with intent to disrobe), Section 354C (voyeurism) and Section 354D (stalking).Assault or criminal force to a woman with intent to outrage her modesty is the original Section 354, in the Code since 1860; the 2013 Act only raised its punishment, so it was not added by that Act.

Q: Which of the following Sections of IPC deals with 'stalking' ?

Stalking is dealt with in Section 354-D.Section 354D was inserted by the Criminal Law (Amendment) Act, 2013, after the Delhi gang rape case. It makes it an offence for a man to follow a woman or contact her repeatedly despite clear disinterest, or to monitor her use of the internet, email or other electronic communication.The other sections added in 2013 deal with sexual harassment (354A), assault with intent to disrobe (354B) and voyeurism (354C).

Q: In which case the supreme court held that Section 377 IPC will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors and acts of beastiality.

The case is Navtej Singh Johar and others Vs. U.O.I.In Navtej Singh Johar v. Union of India (2018), a five-judge Constitution Bench read down Section 377 IPC, holding it unconstitutional so far as it criminalised consensual sexual acts between adults in private. The Court said the section would continue to govern non-consensual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality.Naz Foundation (Delhi High Court, 2009) first read down the section; Suresh Kumar Koushal (2013) reversed it and restored the section in full; and NALSA (2014) recognised transgender persons as a third gender, without deciding Section 377.

Q: Which of the following sections of IPC deals with 'Voyeurism' ?

Voyeurism is dealt with in section 354-C.The Criminal Law (Amendment) Act, 2013, passed after the Delhi gang-rape case, inserted four sections into the IPC: 354A (sexual harassment), 354B (assault or criminal force with intent to disrobe), 354C (voyeurism, watching or capturing images of a woman in a private act), and 354D (stalking).The trap is the order of the four new sections; voyeurism is the third of them.

Q: In ..............., the English Court held that, the man who has connection with a child, relying on her consent, does it at his peril if she is below the statutable age.

The case is R. Vs. Prince (1875).Prince took a girl of 14 out of her father's possession, honestly and reasonably believing on her own word that she was 18. He was convicted of taking an unmarried girl under 16 out of her father's possession. The court held that a man who acts on such a belief does so at his peril; the offence did not require knowledge of the girl's age.R. v. Tolson (1889) went the other way for bigamy, accepting an honest and reasonable belief that the husband was dead as a defence. R. v. Bishop and R. v. Wheat and Stocks are also mens rea cases, not this holding.

Q: Under the Indian Penal Code sexual intercourse or sexual acts by a man with his own wife :

The key gives can amount to rape if wife is below the age of 15 years.Exception 2 to section 375 of the Indian Penal Code, as enacted, says sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape. So under the Code's text, intercourse with a wife below fifteen can amount to rape.In Independent Thought v. Union of India (2017) the Supreme Court read the age in this exception up to eighteen, which is why option D is also defensible today; the key follows the wording of the Code itself. Option A is wrong because the exception has never been absolute, and option B states the general rule of consent that the exception displaces.

Provisions regarding sexual harassment and punishment for sexual harassment has been discussed in which section of The Indian Penal Code, 1860?

A.Section -161
B.Section - 242C
C.Section -354A
D.Section -441

Exam Year(s)

DSSSB - 2023,

Answer: C

Sexual harassment and its punishment are dealt with in Section 354A of the Indian Penal Code, 1860, inserted by the Criminal Law (Amendment) Act, 2013. It covers physical contact and advances, a demand for sexual favours, showing pornography against a woman's will and making sexually coloured remarks.

Section 161 was an old provision on a public servant taking a gratification other than legal remuneration, Section 441 defines criminal trespass, and there is no Section 242C on sexual harassment. Only Section 354A matches the heading in the question.

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Unnatural offences have been discussed in which section of the Indian Penal Code, 1860?

A.Section - 377
B.Section - 390
C.Section - 225
D.Section - 505

Exam Year(s)

DSSSB - 2023,

Answer: A

Unnatural offences are dealt with in Section 377 of the Indian Penal Code, 1860, which punished voluntary carnal intercourse against the order of nature. The Supreme Court in Navtej Singh Johar v. Union of India (2018) read it down so that it no longer applies to consensual acts between adults.

Section 390 defines robbery, Section 225 deals with resistance or obstruction to the lawful apprehension of another person, and Section 505 deals with statements conducing to public mischief. None of them is the unnatural offences provision.

Discuss in Forum

Based on the statements and conclusions given below, select the correct option.

Statements:-
I. Section 354 of Indian Penal code talks about the "Assault or criminal force to woman with intent to outrage her modesty".
II. Section 354A of Indian Penal code talks about the Sexual harassment and punishment for sexual harassment.

Conclusions:-
I. The Indian Penal Code was passed in the year 1860.
II. Assault or criminal force to woman has been discussed in Indian penal code.

A.Only Conclusion I follows
B.Only Conclusion II follows
C.Both Conclusion I and Il follow
D.Neither I Nor II Conclusion follow

Exam Year(s)

DSSSB - 2023,

Answer: B

Only Conclusion II follows. Statement I says that Section 354 of the Indian Penal Code deals with assault or criminal force to a woman with intent to outrage her modesty, so assault or criminal force to a woman is discussed in the Code, which is Conclusion II.

Conclusion I gives the year in which the Code was passed, 1860, which is true as a matter of history but is not stated in either statement, so it is not derived from them. The keyed answer is only Conclusion II.

Discuss in Forum

Under the provisions of Protection of Children from Sexual Offences Act, 2012, can a report be published by the media, which discloses the identity of a sexually assaulted child:-

A.Cannot be published
B.Can be published in public interest.
C.Can be published, if permitted by competent Special Court.
D.None of the above.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: C

Such a report can be published if permitted by the competent Special Court.

Section 23(2) of the Protection of Children from Sexual Offences Act, 2012 forbids any media report from disclosing the identity of a child, including the child's name, address, photograph, family details, school or neighbourhood, provided that for reasons recorded in writing the Special Court may permit such disclosure if in its opinion it is in the interest of the child.

So publication is not absolutely barred, and 'public interest' alone is not the test; the Special Court's permission, given in the child's interest, is required.

Discuss in Forum

The following offences are added by way of The Criminal Law (Amendment) Act, 2013 :

A.Assault or criminal force to woman with intent to outrage her modesty
B.Sexual harassment and punishment for sexual harassment
C.Assault or use of criminal force to woman with intent to disrobe
D.Both (B) and (C)

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The offences added are both (B) and (C).

Following the Justice Verma Committee report, the Criminal Law (Amendment) Act, 2013 inserted new sections in the IPC, among them Section 354A (sexual harassment and punishment for sexual harassment), Section 354B (assault or use of criminal force to woman with intent to disrobe), Section 354C (voyeurism) and Section 354D (stalking).

Assault or criminal force to a woman with intent to outrage her modesty is the original Section 354, in the Code since 1860; the 2013 Act only raised its punishment, so it was not added by that Act.

Discuss in Forum

Which of the following Sections of IPC deals with 'stalking' ?

A.Section 354-A
B.Section 354-B
C.Section 354-C
D.Section 354-D

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

Stalking is dealt with in Section 354-D.

Section 354D was inserted by the Criminal Law (Amendment) Act, 2013, after the Delhi gang rape case. It makes it an offence for a man to follow a woman or contact her repeatedly despite clear disinterest, or to monitor her use of the internet, email or other electronic communication.

The other sections added in 2013 deal with sexual harassment (354A), assault with intent to disrobe (354B) and voyeurism (354C).

Discuss in Forum

In which case the supreme court held that Section 377 IPC will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors and acts of beastiality.

A.Naz Foundation Vs. Government of NCT of Delhi and others
B.National Legal Services Authority Vs. U.O.I. and others
C.Navtej Singh Johar and others Vs. U.O.I.
D.Suresh Kumar Kaushal and Another Vs. Naz Foundation and others

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: C

The case is Navtej Singh Johar and others Vs. U.O.I.

In Navtej Singh Johar v. Union of India (2018), a five-judge Constitution Bench read down Section 377 IPC, holding it unconstitutional so far as it criminalised consensual sexual acts between adults in private. The Court said the section would continue to govern non-consensual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality.

Naz Foundation (Delhi High Court, 2009) first read down the section; Suresh Kumar Koushal (2013) reversed it and restored the section in full; and NALSA (2014) recognised transgender persons as a third gender, without deciding Section 377.

Discuss in Forum

Which of the following sections of IPC deals with 'Voyeurism' ?

A.354-A
B.354-B
C.354-C
D.354-D

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

Voyeurism is dealt with in section 354-C.

The Criminal Law (Amendment) Act, 2013, passed after the Delhi gang-rape case, inserted four sections into the IPC: 354A (sexual harassment), 354B (assault or criminal force with intent to disrobe), 354C (voyeurism, watching or capturing images of a woman in a private act), and 354D (stalking).

The trap is the order of the four new sections; voyeurism is the third of them.

Discuss in Forum

In ..............., the English Court held that, the man who has connection with a child, relying on her consent, does it at his peril if she is below the statutable age.

A.R. Vs. Mrs. Tolson
B.R. Vs. Bishop
C.R. Vs. Prince
D.R. Vs. Wheat and Stocks

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

The case is R. Vs. Prince (1875).

Prince took a girl of 14 out of her father's possession, honestly and reasonably believing on her own word that she was 18. He was convicted of taking an unmarried girl under 16 out of her father's possession. The court held that a man who acts on such a belief does so at his peril; the offence did not require knowledge of the girl's age.

R. v. Tolson (1889) went the other way for bigamy, accepting an honest and reasonable belief that the husband was dead as a defence. R. v. Bishop and R. v. Wheat and Stocks are also mens rea cases, not this holding.

Discuss in Forum

10.

Under the Indian Penal Code sexual intercourse or sexual acts by a man with his own wife :

A.cannot amount to rape as marital rape is not recognised in India
B.will amount to rape if her consent is not dully taken
C.can amount to rape if wife is below the age of 15 years
D.will amount to rape if wife is below the age of 18 years

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: C

The key gives can amount to rape if wife is below the age of 15 years.

Exception 2 to section 375 of the Indian Penal Code, as enacted, says sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape. So under the Code's text, intercourse with a wife below fifteen can amount to rape.

In Independent Thought v. Union of India (2017) the Supreme Court read the age in this exception up to eighteen, which is why option D is also defensible today; the key follows the wording of the Code itself. Option A is wrong because the exception has never been absolute, and option B states the general rule of consent that the exception displaces.

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