Pentration interpretation required.

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
Section 376 A - Intercourse by a man with his wife during separation

Section 376B. Intercourse by public servant with woman is his custody

Section 376C. Intercourse by superintendent of jail, remand home, etc.

Section 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital

1) Section 376 Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. So can we say that form section 376 A to D is a rape as during the intercourse penetration is 100% possible?

2) But section has said “penetration “ but penis should be penetrated for rape right if the person penetrated a finger’s or any other instrument looks like a penis in the vagina that also it constitutes a penetration?

3) Rape means a man rapes to a women but vice – versa is not given under the law? So if the women forcefully have sex with the man that it constitutes a rape or a man or not. I say no because for rape penetration is compulsory as no penetration is possible by a women so it is not a rape? (opinion required)

4) When a girl have a sex with the girl called as lesbian then the forceful girl can fill a case on the girl of rape as per section 376 of the IPC? I say NO

(opinion required) if possible case law .

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PALNITKAR V.V. (Expert) 17 June 2011
1. Slightest penetration of penis into the vagina is enough to constitute rape.
2. Penetration by any thing other than penis will not constitute rape. it may amount to outraging modesty.
3. indian law does not recognize rape by a woman on man
4. you are right.

Kiran Kumar (Expert) 17 June 2011
rightly explained by Mr. Palnitkar...

Querist : Anonymous (Querist) 17 June 2011
Sir thank U sir the whole case law required on point no. 1 & 2 sir .

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