In recent years, there has been a growing focus on legal protections for women in India, reflecting a broader societal acknowledgment of the challenges they face. The Indian legal framework has implemented a variety of provisions to safeguard women’s rights and ensure justice in cases of different offenses. This blog post explores key provisions relating to women under the Indian Evidence Act of 1872, the Indian Penal Code, and various other laws designed to protect women's rights in India.

Special Provisions Relating to Women Under the Indian Evidence Act, 1872

The Indian Evidence Act, 1872, establishes the rules of evidence admissibility in courts. It includes specific provisions that recognize the unique challenges women encounter in the judicial process.

Under Section 114, the court can presume certain facts based on case circumstances. For instance, in sexual offense cases, the law allows for the presumption that consent was not given. This helps counteract societal biases that often assume a woman should resist unwanted advances, thereby protecting her from unfair judgments rooted in patriarchal norms.

Similarly, Section 155 addresses the credibility of women witnesses concerning their character. It specifies that a woman’s sexual history cannot be examined in certain cases, notably those involving sexual offenses. This provision is vital as it prevents victim-blaming, enabling women to testify without the fear of their past being weaponized against them.

Offences Against Women Under Indian Penal Code

The Indian Penal Code (IPC) outlines specific offenses that target women, providing them with much-needed legal protection. These offenses range from outraging modesty to severe crimes like rape and bigamy.