Indian penal code for rape. Punishment for Rape 2022-11-16

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The Indian Penal Code (IPC) is the main criminal code of India, which defines crimes and their punishments. The IPC was enacted in 1860 and has undergone several amendments since then. One of the crimes defined in the IPC is rape, which is defined as sexual intercourse with a woman without her consent.

Under the IPC, rape is punishable by imprisonment for a term of not less than seven years, but which may extend to imprisonment for life. In addition, the perpetrator of the rape may also be liable to pay compensation to the victim.

The IPC also includes provisions for aggravated forms of rape, such as rape committed by a police officer, public servant, or relative of the victim. In these cases, the punishment is more severe, with imprisonment for not less than ten years, which may extend to imprisonment for life.

In recent years, there has been a significant increase in the reporting of rape cases in India. This has led to a number of reforms being introduced in the legal system to deal with these cases more effectively. These include the setting up of fast-track courts to expedite the trial process and the introduction of DNA testing to strengthen the evidence against the accused.

Despite these efforts, the rate of convictions in rape cases remains low in India, with many cases taking years to reach a conclusion. This has led to calls for further reforms, including the introduction of mandatory minimum sentences for rape and the establishment of a national database of sexual offenders.

In conclusion, the Indian Penal Code provides for the punishment of rape, including aggravated forms of rape, but there is still a need for further reforms to ensure that justice is served in these cases.

Indian Penal Code (IPC) Section 375. Rape.

indian penal code for rape

As per the Section 376 1 : Punishment for Rape This section provides for the punishment of the Rape. Section 354D of the IPC criminalises stalking of a woman by a man. Whoever, except in the cases provided for in sub-section 2 , commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not he less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine. The mere consideration of the fact of non-physical resistance shall not be regarded. .

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IPC 375 Section of Indian Penal Code

indian penal code for rape

The Law Commission also made a recommendation to change its name as Sexual Assault and make the section wider. Section 354C of the IPC criminalises the act of voyeurism. What is the punishment for an act of rape? Medical procedures or interventions do not constitute as rape. We have a team of independent professionals with domain expertise in diverse legal matters exhibiting proven competence and integrity with a unique combination of local insights and global perspectives. According to this section, any person who being in a position of authority or a fiduciary relationship; or a public servant; or superintendent or manager of jail; or being on the management of the hospital or being on the staff of a hospital, induces or seduces any woman to have sexual intercourse with him, such sexual intercourse can be said as rape and shall be punishable with rigorous imprisonment of either description of not less than 5 years, and it may extend to 10 years and shall also be liable to fine. Legal Provisions Related to Rape Indian Penal Code, 1860 Section 228A: Disclosure of the identity of the victim of certain offences, etc. The person may be her father, teacher, or any other person.

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IPC 376AB Section of Indian Penal Code

indian penal code for rape

Lot of laws but no justice: India has too many laws, but the problem lies with the enforcement. Her testimony is equally reliable. Subhra Chakraborty, AIR 1996 SC 922. This website is meant only for providing free legal information to its visitors, without any warranty. October 2020: This is a guest post that has been completely written by the above-mentioned author. The circumstances which shall not be considered rape are:- 1. Union of India, W.

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Section 375 of Indian Penal code

indian penal code for rape

This is especially true in the case of inter-racial and inter-religious relationships. Instead, they asked my sister such vulgar details; it was as if she was being raped all over again. First time offenders are punished with either simple or rigorous imprisonment of upto 3 years and a fine while repeated offenders are punished with simple or rigorous imprisonment of upto 5 years and a fine. When prostitution is decriminalized and regulated, sexual predators are less likely to strike at any random woman. Founder and Editor: Dr. In India, a woman is reportedly raped every 15 minutes.

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IPC 376D Section of Indian Penal Code

indian penal code for rape

The content provided here in no way claims to act as legal advice. Nevertheless, the victims are often blamed for wearing provocative clothes. It provides that the medical examination should be conducted by a registered medical practitioner employed in a hospital run by a Government or by a local authority. There was no lady police officer; they were all men. The women neither ask nor deserve to be raped, abused, or assaulted. Repeated offenders are punished with simple or rigorous imprisonment of 3 to 7 years and a fine. Ashok Dhamija, Advocate, Supreme Court, New Delhi.

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Rape in India

indian penal code for rape

A court may also impose a sentence of imprisonment of description for a term of less than ten years for an adequate and special reason. Such sexual intercourse amount to rape. Even a slight penetration in the vulva part is sufficient to make it an offence of rape. In many cases, it was found that the daughter was forced by the father to perform sexual acts. In situations like these, women are also found suffering from depression and guilt for ruining the lives of the accused to save their honour in the society.

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IPC 376DA Section of Indian Penal Code

indian penal code for rape

The NHRC recommendation has been made at a time when offences like rape or any other sexual offences have been attracting major punishments as well as negative media attention thereby bringing the entire proceeding under the public eye. If the man commits sexual intercourse with the woman without her consent. Lack of Public Safety: There is no safety for women. Inappropriate guidance in sex education: We Indians hesitate in talking about sexuality, reproductive rights, menstruation, or sexual desires. She is creative, motivated, and passionate. Whereas consent implies that you may have a desire to do anything, but you have not given your consent yet.

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IPC 376 Section of Indian Penal Code

indian penal code for rape

India has about 15 judges for every 1 million people, while China has 159 judges. Rape is an extremely serious allegation to be made against a person. In situations like this, sexual relations may even be proved in a court of law. At first, she was taken to the Chand Pa police station, where the police rejected her claims and, according to the family, also humiliated them. This has been found especially true in case of affluent and famous people who have been accused of such heinous crimes. The apex court read down the exception, and the age of consent has been changed from 15 to 18 years. We are certified, bonded, authorised, professional, experienced and reliable Law Firm, Serving in Kolkata Area since 1984.

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Sexual Violence Laws under the Indian Penal Code

indian penal code for rape

This cycle continued so forth. If a man commits sexual intercourse with a woman when she is unable to communicate consent amounts to rape. In case of gang rape or one where during the act of rape, the accused kills the woman or puts in her in a persistent vegetative state, he can be charged with 20 years rigorous imprisonment to life, or be given a death sentence. Blaming clothing: People often judge girls by their clothes. A court may also impose a sentence of imprisonment of description for a term of less than ten years for an adequate and special reason. If you are not willing, it means you have not given consent. Delay in trials, slow investigation, and low rate of conviction is other important cause.

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