Has the FIR been filed?
Section 375 of IPC: Section 375 of IPC defines rape as a criminal offence and states that a man is said to commit rape when he has s*xual intercourse with a woman against her or without her consent or if she is a minor. Under Section 375 of IPC, just penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape.
A man is said to commit rape when he has s*xual intercourse with a women under any of the following situations:
• Against her will.
• Without her consent.
• With her consent but the consent was obtained by putting her or any person close to her in fear of death or of hurt.
• With her consent but the man knows that he is not her husband and the consent was given because the woman believes that he is the man with whom she is or believes herself to be lawfully married.
• With her consent but at the time of giving such consent the woman was unable to understand the nature and consequences of her consent.
• With or without her consent, when the woman is below the age of 16 years.