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Sexual Offences Questions and Answers

1.

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

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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2.

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

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.

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3.

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.

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.

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4.

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:-

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.

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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.

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