COPYRIGHT © FACULTY OF LAW, BANARAS HINDU UNIVERSITY,
VARANASI, INDIA, (2022), ALL RIGHTS RESERVED.
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ACKNOWLEDGEMENT
I bow my head with great reverence in the pious feet and take my hand towards my
inner soul to the founder of the Banaras Hindi University, Bharat Ratna Mahamana
Pandit Madan Mohan Malviya ji a man of great vision, and dedication for creating a
unique university, a temple of learning for thousands and thousands of students
including me.
With great reverence and gratitude, I offer my sincere regards to our Head
and Dean, Prof. Ali Mehdi, Faculty of Law, B.H.U. for all the opportunity and
cooperation, which I have received from him as a Dean of Faculty of Law, BHU.
I think it to be an opportunity and the privilege of my life to express my
profound and sincere gratitude to my Supervisor and mentor Prof. D.K. Srivastava,
Faculty of Law, B.H.U. It is for his benevolent guidance, constant support, valuable
suggestions ever ready assistance, invaluable criticism, keen interest and everlasting
affection during the entire course of study that I have get success in the preparation
and submission on this thesis in time
I offer my heartfelt gratitude to the members of my Research Progress
Committee Prof. D.K. Srivastava, Prof. D.K. Mishra, and Dr. Anoop Kumar. I am
extremely grateful to my teachers Prof. Ajai Kumar, Prof. Sibaram Tripathy, Prof.
Ajendra Srivastava, Prof. G.P. Sahoo, Prof. M.K. Padhy, Dr. V.K. Saroj, Dr. Raju
Majhi, Dr. Mayank Pratap and Dr. Pradeep Kumar, for their encouragement,
critical suggestion and inspiration during entire course of my research. I am also
thankful to our non-teaching staff for their support during my research.
I would like to thank to the librarians and staff of Central and Law School
library of B.H.U., Varanasi for showing much enthusiasm to manage my queries and
requests for various books and materials. I am thankful to all others who directly or
indirectly helped me to complete this work.
I, from the core of my heart express my greetings and gratitude to my brother
Dr. Dinesh Kumar, who has played an important role in my academic career. I
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express my greetings and gratitude to my father Sri Jagannath Prasad and mother
Smt. Bachchi Devi who always encourage me whenever I get disappointed in my life.
It is they who have made me so much capable to struggle and cope up with every odd
situation. I dedicate the whole work to them and pray God to show His mighty grace
and blessings upon them.
My sincere thanks to my friends and Senior of Ph.D. Pradeep Giri, Ajay Kr.
Gupta, Ravi Ranjan Roy, Ajay Kumar Yadav, Ravi Kumar Gautam, Gyan Chand
Yadav and Madan Mohan Shahi, who gave me their indispensable and generous
support to the successful realization of this thesis. Special thanks to my dear friends
Karma Singh Yadav, Shreya Singh, Aryendra Kumar and Arun Kumar, without
their support; I do not think that I could overcome the difficulties during these years. I
thank all from the bottom of my heart, for stimulating discussions and for all the good
time we have during our research work.
I humbly submit myself to the Almighty God for his blessings. Really you have
made wonderful plans for me.
Dated: ……………… (Sushil Kumar)
Place: Varanasi
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ABBREVIATIONS
A.P. Andhra Pradesh
AIR All India Reporter
All ER All England Law Reports
Anr another’s
Art. Article
Bom. Bombay
CILJ Criminal Law Journal
Cr.P.C. Code of Criminal Procedure
DEVAW Declaration on the Elimination of Violence against Women
E.g. For example
ETC. Et Cetera
FIR First Information Report
HAMA Act Hindu Adoptions and Maintenance Act
HC High Court
HMA Act Hindu Marriage Act
i.e. Id est
IEA Indian Evidence Act
ILO International Labour Organization
INTERPOL International Police Organization
IPC Indian Penal Code
IT Act Information Technology Act
Ker Kerala
NCRB National Crime Records Bureau
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NCT National Capital Territory
NDPS ACT Narcotic Drugs and Psychotropic Substances Act
NGO Non-governmental Organization
Ors. Others
PC Privy Council
PIL Public Interest Litigation
POCSO Protect Children from Sexual Offences
Raj Rajasthan
SC Supreme Court
SC&ST Scheduled Caste and Scheduled Tribe
SCC Supreme Court Cases
Sec. Section
SFIO Serious Fraud Investigation Office
SLL Special and Local Laws
SLP Special Leave Petition
SMA Special Marriage Act
UCC Uniform Civil Code
UOI Union of India
UPRC Uttar Pradesh Revenue Code
USSR Union of Soviet Socialist Republics
WWW World Wide Web
WP Writ Petition
SCWR Supreme Court Weekly Reporter
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LIST OF CASES
A.P. v. P.B. Vijaykumar, (1995) 4 SCC 520.
A.P. v. Vijay Kumar, AIR 1995 SC 1648.
Air India v. Nargesh Meerza, AIR 1981 SC 1829.
AM. Moskot v. State of Maharashtra, AIR 1978 SC 1518.
Aparna bhatt v. State of M.P., 2021 S.L.P., Crl.20318.
B K Pavitra and Ors v. Union of India & others, (2018) M.A. No. 1151.
Bachan Singh v. State of Punjab, AIR 1980 SC 898.
Bhagwan Dass v. State (NCT) of Delhi, AIR 2011 S.C. 1863.
C. Rajakumari v. Commissioner of Police, Hyderabad, AIR 1998 A.P. 302.
Daily Rates Casual Labour v. Union of India, (1988) 1 SCC 122.
Dettatreya v. State of Bombay, AIR 1953 Bom 311.
DPP v. Camplin, 1978, 2 All ER 168.
Govt. of Andhra Pradesh v. P.B. Vijay Kumar, AIR 1995 SC 1648.
Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1322.
In Cyril Britto v. Union of India, AIR 2003 Ker 259.
In Danial Latifi v. Union of India, (2001) 7 SCC 740.
In Mt.Choki v. State of Rajasthan, AIR 1957 Raj 10, Cri LJ 102.
In Shayara Bano v. Union of India, (2017) 9 SCC 1.
In The Secretary Minister of Defence v. Babita Puniya and Ors., Civil Appeal
No. 1210 of 2020 (SC).
In Vikas Kishanrao Gawali v. State of Maharastra and Ors, (2019), Civil No.
980 of 2019.
Independent Thought v. UOI, (2017) 10 SCC, 800.
Independent Thought v. Union of India, 2013, writ No. 382, SC.
Indian Young Lawyers Association v. The State of Kerala, Writ Petition
(Civil) No. 373 of 2006 SC.
Jolly Amma Joseph v. State of Kerala, BA.No.5390/2020, (Ker HC).
Joseph Shine v. UOI, 2018 SSC, online, SC, 1676.
Kamini Jaiswal v. Union of India & Anr, W.P. (Crl.) No.176/2017.
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Late Singh v. State of U.P., 2006 (5) S.C.C. 475.
Lillu alias Rajesh v. State of Haryana, (2013) 14, SCC 643.
M.C. Mehta v. State of Tamil Nadu, (1991) 1 SCC 283.
Machchi Singh v. State of Punjab, (1983) 3 SCC 470.
Madhu Kishwar v. State of Bihar, (AIR 1956, 5 SCC 148).
Mallika @ Kala @ Kempamma v. State Of Karnataka, CRL.A583/2016.
Miss. C.B. Muthamma v. Union of India, AIR 1979 SC 1868.
Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (2) SCC 556.
Mohd. Ahmed Khan v. Shah Bano Begum and others, 1985 Cr. L.J. 875 (SC).
Mukesh & Anr v. State for Nct of Delhi & Ors, (2017).
Nirmala Devi v. State of Himachal Pradesh, Crl. Appeal No. 667/2017.
Olga Tellis & Ors v. Bombay Municipal Corporation, 1985 SCC (3) 545.
People’s Union for Democratic Right (PUDR) v. Union of India and Others,
AIR 1982 SC 1473.
Priyanka Modi v. Serious Fraud Investigation Office, CRM-M No.22815 of
2021.
R v. Duffy, 1949 1 All ER 932.
R v. Ibrams, [1981, 74 Cr App R 154.
R v. Thornton, [1992] 1 All ER 306.
R v. Whitefield, [1976] 63 Cr App R 39.
Ram Kripal v. State of U.P., (2020) SCC 10839.
Randhir Singh v. Union of India, AIR 1982 SC 879.
Regina v. Kiranjit Ahluwalia, 1993 Crim LR 63.
Renuka Bai alias Rinku alias Ratan v. State of Maharashtra, Appeal (Crl.)
722 of 2005.
Sarla Mudgal v. Union of India, (1995) 3 SCC 635.
Satrughan Chauhan v. Union of India and ors, (2014) 3 SCC 1.
SFIO v. Adarsh, 2019, Cr.Nos.94-95.
Shabnam v. Union of India and Anr., Writ Petition (Criminal) No. 89 of 2015.
Shantabai and another v. State of Maharashtra, 1981 SCR (1) 870.
Shrikrishna Eknath Godbole v. Union of India, AIR 2016 11.
Sonia and Another v. State of Haryana and Others, CRWP-4533-2021.
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State of Delhi Administration v. Laxman Kumar, 1985 SCR Supl (2) 898.
State of Haryana v. Rajpal Sharma, AIR 1997 SC 449.
State of Tamil Nadu through CBI v. Nalini and Anors, AIR 1999 SC 2640.
Suchita Srivastava & Another v. Chandigarh Administration, 2009 (9) SCC 1.
Suresh Kumari v. State of Haryana, 1995 (4) Crimes 643 CPS 14.
Tuka Ram and Anr v. State of Maharashtra, 1979 SCR (1) 810.
UOI v. K.P. Prabhakaran, (1997) 11 SCC 638.
Vijay Laxmi v. Punjab University, (1996) Civil Appeal No. 13393.
Vishaka & Ors. v. State of Rajasthan & Ors., (1997) 6 SCC 241.
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PREFACE
The problem of crime is associated with society since its inception. There is no
society without the problem of crime and criminals. The concept of crime is basically
concerned with the social order. Society changes the law and law changes the society.
Due to the changing socio-cultural dimensions, the involvement of women in criminal
activities is also increasing. They are indulging in criminal acts just like men. But the
Indian socio-cultural structure does not allow most of the cases in which crimes
committed by women to come to light, due to which the legislature is not able to
make any strict laws to stop it. This research work on the topic “Women and Crime
in India: A Social Legal Study” is an attempt to enhance our understanding of
female criminality as well as to know the socio and legal context of women’s
indulgence in crimes.
It provides the theoretical perspectives of criminality and also analyses the
most recent research findings. It also highlights the changing profile of female
criminality. In addition, the chapters such as “Women and Crime in India: Legal
Statistics, Empirical Studies of the Criminality of Women, and the Role of the
Judiciary in Preventing Crimes Committed by Women” have been included to provide
more information. The researcher has taken the help of individual’s ideas and NCRB
data in completing his research work, which has been discussed in detail in this
research work.
The aims of this research work are to reveal the trends in female criminality in
general and in India in particular. I hope that each chapter of this thesis will develop
further thinking on this issue and be helpful for developing and implementing law and
policy.
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