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N.K.Assumi (Advocate)     03 March 2009

Can there be a Rape of a woman by another Woman?

Dear All,

Can there be a case of Rape of a Woamn by another woman? Please share your view within the four corner of woman raping woman nd not other issues like gang rape or section 34 of the IPC:



Learning

 17 Replies

Manish Singh (Advocate)     03 March 2009

Dear Sir,


under the IPC, no. the definition given under the IPC does not cover any such act of women what can be termed as rape. th definition given as such covers a rape by a male only. but a s*x between women can be termed as unnatural s*x and hence be punishable under the IPC under relevant provisions.

AEJAZ AHMED (Legal Consultant/Lawyer)     03 March 2009


 375. Rape.—


 A man is said to commit" rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descriptions:- First.- Against her will. Secondly.- Without her consent. Thirdly.- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly.- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.- With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly.- With or without her consent, when she is under sixteen years of age.


 Explanation.- Penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape.


Exception.- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape


Therefore, Section 375 of  IPC clearly defines that,  rape is an offence,  of which penetration is a necessary element.


Therefore, a woman cannot commit "rape",


The Hon'ble Bench of Apex Court in one of the Rape Case, said "a bare reading of Section 375 IPC makes the position clear that rape can be committed only by a man.


The Hon'ble Bench of Apex Court further said  if  it  was  permissible under law and the facts warranted, she could be charged with abetment of the offence of rape.


Kindly go through the following Judgment of APEX COURT:


https://indiankanoon.org/doc/1555191/

N.K.Assumi (Advocate)     03 March 2009

What does it mean by penetration in the section? Does penetration simply mean male organ? Did the section says that?

Mohit Salvi (Student)     03 March 2009

A women cannot commit a rape on a women. But if that particular women helps the rapist in the act. Then the women can be charged for the offence of rape.

N.K.Assumi (Advocate)     03 March 2009

The section means that rape is between male and female only? But God did not create only male and female? I mean there is transgender or hijra?


 

K.C.Suresh (Advocate)     04 March 2009

Penetration also is not necessary by the latest view of Apex Court. Citation will follow after collection.

N.K.Assumi (Advocate)     04 March 2009

Yes, Sureshji, I agree with you that penetration is not necessary. If that is so, can there be a rape by a Woman against another woman against her will? Or should we read the section by following the golden rules of construction like the trial scene of Shylock by Portia? One pound of flesh and no more?

Kuljit Pal Singh (Legal Professional)     04 March 2009

Dear Friends


A woman cannot commit rape but yes she can abet in the crime. The ingredients of such an offence may comes under the definition of Unnatural Offences i.e Sec 376.


Regards

Manish Singh (Advocate)     04 March 2009

Dear Sir, section 375 expressly speaks about erape by "man" so there is no doubt that a woman can commit a rape or not. but yes sir, what shall be the situation if a unuch commits penetration is not provided anywhere under the IPC BECAUSE neither he is counted as a man notr as a female. that must be settled down by the  judiciary.


in absence of the same, it can either be prosecuted under section 375 (assuminf him as am man) or section 377.

PALNITKAR V.V. (Lawyer)     04 March 2009

The definition of Man may include a Eunuch depending upon the physical condition and characteristics.

ritu bhadana (advocate)     05 March 2009

In State Govt. V. Sheodayal (1956 Cr LJ 83 M.P) M.P High court opined that modesty of a woman can be outraged by another women u/s 354. But apex court in Priya Patel V. State Of M.P And Anr. (JT 2006 (6) SC 303) held that it is inconceivable that women can rape another woman. Actually in this case victim cried for help when husband of appellant

was going to rape her. Appellant reached on the spot, instead of helping the victim or prevent her husband from raping the women, slapped the victim, bolt the door from outside and left the scene. She was charged for committing gang rape u/s 376 (2) (g) of IPC 1860. Trial court as well as Madhya Pradesh high court maintained the charge but supreme court, relaying upon biological facts, construed statutory provision in favour of the woman and held that a woman cannot be charged for gang

raping another women u/s 376 (2) (g) of IPC.so a woman cannot cannot be held liable for raping other woman.though she can be charged under section 370 for an unnatural offence if she commits an act under this section.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

I do agree with Md. Ahmed. Thanx a lot 4 providing valueable information.

NiTiN (Practise)     10 March 2009

The wording of S. 375 of IPC is very clear :


"A man is said to commit" rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman"


Therefore only a Man can be held guilty of Rape.


However, the observations by Ritu are very important.


Thanks Ritu for the valuable information.

ritu bhadana (advocate)     10 March 2009

 section 377 IPC wrongly staed by me as section 370


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