Rape in ipc. IPC Section 376D 2022-10-27

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Rape is a serious and heinous crime that is punishable under the Indian Penal Code (IPC). It is defined as any sexual act that is committed against the will of the victim or without their consent. The IPC considers rape to be a form of sexual assault that can cause physical, emotional, and psychological trauma to the victim.

In India, rape is punishable under Section 375 of the IPC. According to this section, rape is defined as sexual intercourse with a woman against her will or without her consent. It also includes cases where the victim is unable to give consent due to physical or mental incapacity. The punishment for rape is imprisonment for a term that may extend to ten years, and in some cases, it may be life imprisonment.

In addition to the punishment for rape, the IPC also provides for other provisions to protect the rights of rape victims. For example, under Section 376D, if a rape victim is subjected to gang rape, the punishment is imprisonment for the remainder of the person's natural life, or for a term that may extend to twenty years. The IPC also provides for the punishment of public servants who commit rape while on duty, or who abuse their position of authority to commit rape.

Despite these provisions, rape remains a pervasive problem in India. According to the National Crime Records Bureau, there were 33,658 reported cases of rape in India in 2019. However, it is believed that the actual number of rape cases is much higher, as many victims do not report the crime due to stigma, fear of reprisal, or lack of trust in the criminal justice system.

Efforts have been made to address the issue of rape in India, including the implementation of fast-track courts to expedite the trial process, the introduction of new laws such as the Protection of Children from Sexual Offences Act (POCSO) to protect minors from sexual abuse, and the creation of a national registry of sex offenders.

However, more needs to be done to address the root causes of rape and to create a culture of consent and respect for women's rights. This includes educating the public on issues related to consent, gender equality, and respect for women, as well as strengthening the criminal justice system to ensure that rape cases are properly investigated and that perpetrators are brought to justice.

In conclusion, rape is a serious crime that causes physical, emotional, and psychological harm to the victim. The Indian Penal Code provides for strong penalties for rape, and efforts have been made to address the issue of rape in India. However, more needs to be done to prevent rape and to ensure that victims receive justice.

All about Section 376 IPC

rape in ipc

But he presumed she had died since she became unresponsive. The husband was acquitted. A person committing a gang rape shall be punishable with rigorous imprisonment for a term of not less than 10 years, which may extend to imprisonment for lifetime, and shall also be liable to fine. If the consent is not obtained freely then the other person can impose criminal liability. Later, Rambaran tried waking his brother up by offering him water but the brother did not respond and was declared brought dead to the hospital. It has amended various sections of the IPC, Conclusions Rape cases in India are rising day by day.

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Rape in India

rape in ipc

Anti-Rape Bill Anti-Rape Bill came into force in 2013. The judgement of the Supreme court widened the definition of rape laws in this case. Kidnapping from lawful guardianship and Kidnapping for illicit intercourse. Punishment given under this section is rigorous imprisonment not less than ten years which may lead to Life sentence with or without fine. While Section 375 allows for consenting penetrative actions which includes oral and anal intercourse , Section 377 made the same acts of penetration illegal regardless of consent.


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Indian Penal Code (IPC) detailed Notes and Study Material

rape in ipc

Mushnooru prepared a Halwa with a cocktail of poisonous arsenic and mercury. Sixth and seventh clause : sexual intercourse with a minor and when the woman is unable to communicate consent As per the sixth clause, if the offensive act is done with or without the consent of the girl and the girl is under the age of eighteen, it is termed rape. The Supreme Court ruled in Independent Thought vs. There is a provision of punishment of imprisonment of not less than 2 years which may extend to 7 years and also fine, if convicted. Murder is an aggravated form of Culpable Homicide. The law modified the Code of Criminal Procedure, 1973 CrPC to reduce the time required to complete an investigation from three to two months.

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Section 375 IPC : rape

rape in ipc

It provides for life term punishment and even death sentence for rape convicts. Cognizance Cognizable Bail Non-Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. Â This case is a landmark judgment because this case leads to the formation of guidelines on sexual harassment at the workplace. A legislator in Rajasthan suggested banning skirts as a uniform for girls in private schools, citing it as the reason for increased sexual harassment cases. R, 3 WLR 767 HL , a wife left the matrimonial house and returned to live with her parents due to marital issues, advising the husband of her intention to file for divorce. Moreover, Rape is the fourth most common crime against a woman in India.


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IPC Section 376

rape in ipc

This act was committed when the perpetrator made a woman very inebriated and then violated her person while she was unconscious. Queen 2010 , it was stated that it must not be necessary for willingness to constitute consent. In time, other girls were also raped and sexually exploited. A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. It is immaterial whether she consented or not.


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Section 376 IPC

rape in ipc

Consequences of Delay in FIR for Rape In Shyam Singh Hada vs. The reason being the laws remain the same and the number of victims keeps on increasing every year. The facts of the case and the skill of the advocate are very important to get the Bail under this section. Political workers of the opposition part y were going around telling people to abstain from work to make the bandh a success. Other related provisions of the Code of Criminal Procedure states the provisions for medical examination of the rape victim and mandatory camera trial for all the rape victims, etc.

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Rape under IPC

rape in ipc

Opinions expressed are theirs. State of Punjab 2013 12SCC519: A group of teachers including the Director of Education of Punjab State had forcibly raped a student. Kapur Singh was also acquitted of 300 clause 3 as the bodily injuries were not sufficient to cause death since the accused was very careful about inflicting injuries solely for the purpose of amputation. This section is very vague as what is against the order of nature is not possible to define objectively. Whereas consent implies that you may have a desire to do something, but you have not given your consent yet.

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IPC Section 375

rape in ipc

A man who commits sexual intercourse with not be under 18 years of age. Â Exceptions to Section 375Â Section 375 of the Indian Penal Code, 1860 is furnished with two exception clauses, while the first one provides that a medical procedure or intervention shall not constitute rape, the second exception provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. Indian parliamentarians have stated that the rape problem in India is being underestimated because large number of cases are not reported even though more victims are increasingly coming out and reporting rape and sexual assaults. Six people were there at the bus including the driver firstly knocked on the guy with the iron rod then she was brutally raped by all of them. Although there are laws in India to protect a woman from sexual offences and rape, talking about justice, is rarely received in India. Life imprisonment means that the person will be imprisoned for the rest of his or her natural life.

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Section 376 IPC

rape in ipc

State of Himachal Pradesh A woman went to Solan to purchase medicines for her ailing father. Preparation for marriage is not punishable. The term rapeis sometimes used interchangeably with the term sexual assault. Using a small sample survey, Human Rights Watch projects more than 7200 minors — 1. Some of the landmark cases are as follows: Rao Harnam vs Union of India 1957 In this case, Kalu ram sent her wife aged 19 years to please the accused.

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Rapes in India: reasons and prevention

rape in ipc

When she returned to her marital home, the husband acted very sweetly for a few days but after some time became viciously abusive towards her. Consent is a rational act followed by contemplation, with the intellect weighing the good and evil on each side like a balance. Â We have numerous regulations in place to regulate such horrible crime, but when it comes to implementation, we either lack someplace or need to make an effort to control it. Everybody drank alcohol voluntarily in the village on the solemn occasion of marriage. X called out to his sons, Mahbub and Z who were inside the house, and who brought guns along with them. Section 376-C : Sexual intercourse by a person in authority 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. There is a substantial difference between rape and consensual sex, and the court must carefully consider whether the accused had a genuine desire to marry the victim, or had made a false promise to that effect solely to fulfil his libido, as the latter falls under the category of cheating or deception.

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