Section 375
jainendra sharma
(Querist) 26 September 2011
This query is : Resolved
sir,
i would asked a question on the base of section 375 in the case of rape.
if any person make physical relation ship with his wife without her consent. can i treat according to sec. 375.
if yes so what is the procedure and ground of such case to declare that those person is a criminal according to sec.375 ?
and how can his wife proved that her husband make physical relationship without her consent ?
Raj Kumar Makkad
(Expert) 26 September 2011
No person can become a winess in this except husband and wife and both shall have no documentary evidence to prove wha ranspired in their bed room on the fateful day or night. The oral evidence coupled with over=all act and conduct of couple shall be a ground to reach to a proper conclusion.
Shonee Kapoor
(Expert) 26 September 2011
Sexual intercourse by a man with his own wife, the wife not being under
fifteen years of age, is not rape in India.
In rape cases, generally unblemished testimony of the victim is enough for convicting a person.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sachin Bhatia
(Expert) 26 September 2011
According to section 375 of the Indian Penal Code, "sexual intercourse by a man with his own wife, not being under 15 years of age, is not rape."
On the other hand, the Criminal Procedure Code states that `it is rape if the girl is not the wife of the man involved and is below 16!’ Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents. Whereas if she is a wife and below 15 years of age, it is not rape even if she does not consent.
Sachin Bhatia
(Expert) 26 September 2011
When one mentions the word rape, the tendency is to think of someone who is a stranger, an evil, malicious person. No one ever thinks of rape in the context of marriage. Women themselves find it difficult to believe that a husband can rape his wife. After all, how can a man be accused of rape if he is only availing of his conjugal rights.
Shastri J.K.
(Expert) 26 September 2011
I agree with mr. Sachin Bhatia.
prabhakar singh
(Expert) 26 September 2011
Rape[sex without consent] is not an offence in India,if committed with wife.
