CHAPTER I : PROLOGUE
Special norms in sexual activities 1
Double standard in practice 1
Biological difference between man and woman 2
Female foeticide and female infanticide 4
Dowry death and bride burning 6
Definition of dowry 8
Proof of abetment to suicide 8
Presumption as to dowry death 9
The practice of 'Sati' 9
Sexual abuse 10
Gang rape 13
Prostitution 14
Can prostitution be abolished 17
Women - Victims of witchcraft 18
Female criminality 18
Conclusion 19
CHAPTER II : SEXUAL FUNCTIONS OF MALE
Male pelvis 20
Urinary bladder 20
Course of ureters 21
Vesical vessels 21
Bladder 21
Urethra and genital system 22
Prostate 22
Genital duct 22
Penis 23
Muscles in the male organ 23
Testes 24
Cellular functions 24
Spermatozoa 25
Performance of male sexual act 26
Erection and Lubrication 27
Ejaculation 27
Male climax 28
Psycho-sexual disorders of male 28
Causes of sexual disorders 28
Impotence and Sterility in male 29
Importance of the question of sterility and impotence 29
Causes of impotency and sterility in male 29
CHAPTER III : FEMALE PELVIS
Female Pelvis 33
Urinary System 33
Ureters 34
Urethra 34
Female Genital Organs 34
Ovaries 35
Uterine tubes 35
Uterus 36
Vessels and nerves 36
Ligaments of the uters 37
Vagina 37
The hymen 38
Annular hymen 39
Semilunar or crescentic hymen 39
Fimbriate hymen 39
Septate hymen 40
Other causes of the rupture of hymen 40
Rectum 41
Female sexual act 42
Transport of ovum 42
Female erection and sexual lubrication 42
Ovarian harmones 42
Psycho-sexual disorders for females 43
Impotence or sterility in female 43
Extreme youth in a female 44
Sterility due to advanced age 44
Malformation or defect in vagina causes sterility 44
Disease 44
Menstruation 45
Virginity 46
Physiology of the foetus 48
The act of fertility 48
First stage after fertilization 48
Second week of development 48
Up to twelfth week of pregnancy 48
Development of foetus at the end of fourth month 49
Development of foetus at the end of fifth month 49
Development of foetus at the end of sixth month 49
Development of foetus at the end of seventh month 50
Development of foetus at the end of eighth month 50
Development of foetus at the end of ninth month 60
Tenth month (fortieth week) 51
Signs of pregnancy 51
Subjective signs of pregnancy 51
Objective signs of pregnancy 52
Functional Activity of the breasts 54
Mammary glands 54
Development of breasts 54
CHAPTER IV : MEDICAL EVIDENCE IN SEXUAL OFFENCES
Opinion of experts 56
When Medical Officer/Expert can furnish opinion 57
Evaluation of the evidence of a Medico-legal Expert 58
Deposition of medical witness 60
Medical examination of accused 62
Signs on the person of accused in a rape case 62
Can accused be compelled for medical examination 66
Attitude of medical examiner 69
Examination of prosecutrix 71
Marks of violence on the body 71
Marks of violence near genital 71
Gonorrheal infection 73
Blood and seminal stains 73
Presence of spermatozoa in vagina 74
Determination of sex 76
Probable and certain features 77
Intersexuality 77
Concealed sex 79
Trans-sexualism 79
Decomposed bodies 80
CHAPTER V : ABORTION
Definition 82
Types of abortion 82
Causes of natural abortion 82
Accidental abortion 84
Unnatural abortions 84
Unjustified abortions 87
General violence 87
Local violence 88
Electric method 88
Syringing 88
Dilation of the cervix 89
Abortion pill 89
Therapeutic methods 89
Feigning abortion 89
Legal/Medico-legal questions in abortion 90
Medico-legal examination 99
Examination of the living 99
Examination of the dead 99
Post-mortem delivery 101
Rights to abortion in induced abortion cases 101
Post-abortion delivery 103
Surrogate motherhood 104
Test-tube babies 104
CHAPTER VI : DETERMINATION OF AGE
Introduction 106
Medico-legal significance of age 107
To fix identity of a person 107
For fixing criminal responsibility 107
In rape cases 107
In offence of kidnapping from lawful guardianship 107
Procuration, selling and buying minors and kidnapping child 108
Criminal abortion 109
Impotence and sterility 109
Proof of age 110
Date of birth in a school register 110
Date of birth in the register of Baptism 112
Date of birth in Horoscopes 112
Birth registers 112
Municipal register 113
Register maintained by chowkidars 114
Matriculation certificate 115
Proof of 115
Determination of age by Medical Expert 115
Teeth 116
Temporary teeth 117
Permanent teeth 117
Height and weight 119
Hair 120
Breasts 121
Ossification 122
Case-laws 126
Supreme Court 126
Jammu and Kashmir High Court 128
Guwahati High Court 128
Allahabad High Court 129
Andhra Pradesh High Court 129
Madhya Pradesh High Court 130
Himachal Pradesh High Court 130
Bombay High Court 130
Rajasthan High Court 131
Gujarat High Court 133
Patna High Court 134
Kerala High Court 135
Intelligence test for ascertaining the age of majority/maturity 136
Medical examination of arrested person 137
CHAPTER VII : NON-MEDICAL EXPERT EVIDENCE
Introduction 141
Opinion of experts 142
Competency of experts 142
Special provisions as regards admissibility of certain reports 143
Government scientific experts 143
Chemical examiner 144
Serologist 147
Stains 149
English law on reports on nature of stains 149
Substance resembling blood stains 151
Mud or dirt 153
Blood stains 153
Examination of blood 153
Physical/visual inspection 154
Microscopical examination 156
Chemical analysis 159
Hemin crystal test 159
Haemochromogen test (Tekayama method) 160
Benzidine test 160
Spectroscopical examination 161
Biological examination 162
Blood grouping 163
Absorption eleution technique 165
Individualisation from blood sample 166
DNA finger printing 167
Disputed paternity cases 168
Sexing of blood 169
Seminal stains 170
Ejaculation 170
Importance in sexual offences 170
Physical examination 171
Florence test chemical examination 173
Barberio's test chemical examination 176
Acid phosphatase test 177
Thin Layer chromatographic technique 179
Microscopical examination 180
Age of seminal stain 180
Examination of saliva stains 181
Chemical examination 181
Microscopic examination 181
Grouping of saliva stains 182
How to send exhibits for examination 182
Report and parcel must be sent separately 182
Description of weapon 182
Send articles intact 182
Protect stains by cotton wool 183
How to send flesh and skin 183
Wearing apparel containing stains-Entire garment to be sent 183
Label to give information 183
Not to fold cloth at the stained portion 183
Ants not to gain access to stain 183
Blood-stained knives, weapons, etc.-How to be sent 183
What information to be noted on labels of weapon 183
Separate articles in separate packing cases 184
History of case 184
CHAPTER VIII : INDECENT ASSAULT
Statutory provision 185
Criminal force 185
Woman 187
Scope of Section 354, I.P.C. 188
Outraging modesty of a woman 188
Acts which are offences 189
Procedure 191
Charge 191
Defence 192
Offences relating to marriage other than adultery 194
CHAPTER IX : OFFENCES UNDER THE PROVISIONS OF I.P.C.
Section 375, Clause Fourthly 194
Corollary to exception to Section 375 194
Punishment for rape under Section 376(1) 194
Intercourse by a man with his wife during separation
(Section 376-A) 195
Cohabitation caused by a man deceitfully inducing a belief of
lawful marriage (Section 493) 195
Marrying again during lifetime of husband or wife (Section 494) 195
Marrying again during lifetime of husband or wife with concealment of
former marriage from person with whom subsequent marriage
is contracted (Section 495) 195
Marriage ceremony fraudulently gone through without lawful
marriage (Section 496) 195
Cases and case-laws 195
English Law 202
Fraudulent marriages 206
Distinction between Section 496 and Section 493, I.P.C. 208
Bigamy as punishable offence according to marriage laws 209
The Parsi Marriage and Divorce Act, 1936 209
The Special Marriage Act, 1954 209
The Hindu Marriage Act, 1955 209
Other penal provisions of marriage laws 211
The Parsi Marriage and Divorce Act, 1936 211
The Special Marriage Act, 1954 212
The Hindu Marriage Act, 1955 213
The Child Marriage Restraint Act, 1929 213
Matrimonial faults leading to divorce 214
The Parsi Marriage and Divorce Act, 1936 214
Dissolution of Muslim Marriage Act, 1939 216
Dissolution of marriage in Christians 217
Hindu Marriage Act, 1955 218
The Special Marriage Act, 1954 220
Conclusion 222
CHAPTER X : ADULTERY
General 225
Meaning of adultery 225
Historical background 227
Codification 230
America 230
England 230
Pakistan 231
India 231
Statutory provisions 231
Section 497, I.P.C. 231
Ingredients to prove adultery 232
Procedure 232
Charge 232
There must be Sexal Intercourse 232
Woman must be married 233
Has knowledge or reason to believe 235
Without consent or connivance of husband 237
Consent 237
Connivance 237
Not amounting to rape 241
Scope of Section 497, I.P.C. 241
Defect of Section 497, I.P.C. 242
Wife not abetter 242
Constitutional validity of Section 497, I.P.C. 243
Article 14 of the Constitution 243
Article 15(1) of the Constitution 244
Discriminatory nature of Section 497, I.P.C. 244
Condonation of the offence 245
Death of husband 246
House trespass to commit adultery 246
Offence if continuing 247
Compliant 247
Meaning of 247
Who may complain 247
Charges of house trespass with intent to commit adultery requires
no complaint of husband 248
Complaint by person having care of woman during
husband's absence 248
Meaning of specific section necessary in the complaint 248
Adultery and Rape-Distinction 249
Woman 249
Consent of woman 249
Whether it can be committed by a husband with his own wife 249
Adultery is against marriage whereas the offence of rape is against
the person of the woman 249
Who is the aggrieved party 249
How punished 249
Evidence of proof 249
Burden of proof 250
Civil Remedies for the acts of adultery 250
CHAPTER XI : KIDNAPPING AND ABDUCTION
Meaning of the words 'Kidnapping' and 'Abduction' 253
Kidnapping 253
Abduction 256
Provisions of punishment for kidnapping and abduction 257
American law regarding kidnapping 257
English law 258
Indian law 259
Statutory provisions regarding punishment for kidnapping
and abduction 259
Lawful guardian 267
Meaning 267
Guardians under Hindu law 268
Guardian under Mohammedan law 269
Illustrative cases 269
Out of the keeping of lawful guardian 274
General 274
Meaning of the phrase explained by Supreme Court and different
High Courts 274
Supreme Court 274
Allahabad High Court 275
Andhra Pradesh High Court 277
Orissa High Court 278
Gurdian in civil law 279
Takes or Entices 279
Meaning of the phrase 279
Distinction between the two words 279
Case-laws 280
Allahabad High Court 280
Calcutta High Court 281
Karnataka High Court 282
Kerala High Court 282
Madhya Pradesh High Court 285
Madras High Court 285
Mysore High Court 286
Punjab and Haryana High Court 288
Seduced to Illicit intercourse 288
Meaning of 'seduction' 288
Meaning of the phrase 289
Illustrative cases 289
Consent of guardian 293
General 293
Illustrative cases 293
Consent of Minor 294
General 294
Importance of the consent of the person kidnapped 295
Illustrative cases 295
Ingredients of kidnapping from India-Section 360, I.P.C. 295
General 295
Essentials 296
Illustrative cases 296
Ingredients of kidnapping from Lawful Guardianship 296
General 296
Essentials 296
Illustrative cases 297
Ingredients of abduction 298
General 298
Essentials 298
Illustrative cases 298
'Kidnapping' and 'Abduction' distinguished 300
Kidnapping or maiming a minor for purposes of begging
Section 363-A, I.P.C. 300
General 301
Ingredients 301
'Begging' explained 301
Kidnapping or abducting in order to murder-Section 364, I.P.C. 301
General 300
Ingredients 301
Illustrative cases 302
Kidnapping or abducting with intent secretly and wrongly to
confine persons-Section 365, I.P.C. 305
General 305
Ingredients 305
Illustrative cases 305
Kidnapping or abduction to compel a woman to marry, etc.
Section 366, I.P.C. 306
General 306
Ingredients 306
Illustrative cases 307
Procuration of minor girls-Section 366-A, I.P.C. 319
General 319
Ingredients 319
Illustrative cases 320
Procuration of minors 323
Importation of Girls from foreign countries - Section 366-B, I.P.C. 323
General 323
Scope 325
Ingredients 325
Kidnapping or abducting in order to subject person to grievous
hurt, slavery, etc.-Section 367, I.P.C. 325
General 325
Ingredients 325
Illustrative cases 325
Wrongfully concealing or keeping in confinement, Kidnapped or
anducted person-Section 368, I.P.C. 326
General 326
Ingredients 326
Illustrative cases 326
Kidnapping or abducting child under ten years with intent to steal
from its person-Section 369, I.P.C. 329
General 329
Ingredients 329
Evidence of girl in cases of kidnapping and abduction 329
General 329
Illustrative cases 330
Procedure to be adopted in case of sexual offences 330
Cognizable or non-cognizable 330
Bailable or non-bailable 331
Not compoundable 331
The court empowered to try the case 331
Schedule I of the Code of Criminal Procedure, 1973
Relevant portions 332
Charges 334
CHAPTER XII : RAPE
Introduction 337
Punishment for rape 339
Ingredients of the offence 341
Sexual Intercourse 341
Against her will 342
Consent 342
Consent in fear of death or of hurt 344
Consent obtained through fraud or mistaken belief 346
Consent given by a person unable to understand the nature
of the act 347
Consent by a girl under sixteen years of age 347
Penetration 348
Attempt 350
Evidence and proof 354
Statement of the prosecutrix 354
Corroboration 357
Medico-legal testimony in rape cases 362
Age of the girl 369
Examination of accused 371
Illustrative cases 372
Important questions in cases of rape 375
Can rape be committed by a woman on a man 375
Whether a single male is capable of committing rape on an
adult female of ordinary or average strength in full possession
of her senses 375
Is it possible to violate a woman during sleep without
her knowledge 376
Can a woman be violated during certain unconscious state 376
Can pregnancy follow rape 376
Can death be caused by rape 376
False accusation of rape 377
Sentence 378
Gang rape 384
Presumption for conduct 385
Procedure 386
UNNATURAL SEXUAL OFFENCES
Introduction 388
Hypothalamus and sex 392
Statutory provisions 393
''Man or Woman''-Meaning of 393
Animal-Meaning of 393
Voluntarily-Meaning of 393
Intercourse-Meaning of 394
Analogous Law 395
Foreign Law 395
Indian Law 397
Evidence and proof 398
Age of the accused 399
Attempt 400
Duty of court 400
Procedure 400
Charge 401
Sentence 401
CHAPTER XIV : PROSTITUTION
Historical background 402
International Instruments 406
The object of the Act 406
Amending Act 44 of 1986 408
The Immoral Traffic (Prevention) Act, 1956 409
Short title, extent and commencement 409
Definitions 410
Rule of construction regarding enactments not extending to Jammu
and Kashmir 418
Punishment for keeping a brothel or allowing premises to be used
as a brothel 419
Punishment for living on the earning of prostitution 424
Procuring, inducing or taking person for the sake of prostitution 426
Detaining a person in premises where prostitution is carried on 429
Prostitution in or in the vicinity of public places 431
Seducing or soliciting for purpose of prostitution 435
Seducation of a person in custody 437
[Omitted] 439
Detention in a corrective institution 439
Notification of address of previously convicted offenders 441
[Omitted] 443
Special police officer and advisory body 443
Offences to be cognizable 447
Search without warrant 450
Rescue of person 455
Intermediate custody of persons removed under Section 15 or
rescued under Section 16 456
Conditions to be observed before placing persons rescued
under Section 16 to parents or guardians 461
Closure of brothel and eviction of offenders from the premises 461
Application for being kept in a protective home or provided care
and protection by court 465
Removal of prostitute from any place 466
Protective homes 471
Production of records 478
Trials 479
Power to establish Special Courts 480
Power of Central Government to establish Special Courts 481
Power of court to try cases summarily 481
Power to make rules 482
Act not to be in derogation of certain other Acts 485
Repeal and savings 485
The Schedule 486
Trap witnesses 486
Selling minor for purposes of prostitution-Section 372, I.P.C. 487
Buying minor for purposes of prostitution etc.-Section 373, I.P.C. 489
CHAPTER XV : GLOSSARY OF RELEVANT MEDICAL TECHNICAL TERMS
CHAPTER XVI : GLOSSARY OF RELEVANT LEGAL TERMS AND PHRASES
SUBJECT INDEX 531
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