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sharmila (n/a)     03 November 2007

Sexual Offences

[align=center]SEXUAL OFFENCES[/align]


375. Rape ΓÇô A man is said to commit ΓÇÿrapeΓÇÖ who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:

First ΓÇô Against her will

Secondly ΓÇô Without her consent.

Thirdly ΓÇô With her consent, when her consent has been obtained by putting her or any person whom she is interested in fear of death or of hurt.

Fourthly ΓÇô 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 ΓÇô 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 unwhole some substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly ΓÇô With or without her consent, when she is under sixteen years of age.

ExplanationΓÇôPenetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

376. Punishment for rape ΓÇô (1) Whoever, except in the case provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life, or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than seven years.

[list=1]
[list=1]
[*]within the limits of the police station to which he is appointed; or [/*]
[*]the premises of any station house whether or not situated in the police station to which he is appointed; or [/*]
[*]on a woman in his custody or in the custody of a police officer subordinate to him; or [/*]
[*]on a woman in his custody or in the custody of a police officer subordinate to him; or [/*]
[*]being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or [/*]
[*]being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womenΓÇÖs or childrenΓÇÖs institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or [/*]
[*]being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or [/*]
[*]commits rape on a woman knowing her to be pregnant; or [/*]
[*]commits rape on a woman when she is under twelve years of age; or [/*]
[*]commits gang rape, [/list][/list][/*]
shall be punished with rigorous imprisonment for term which shall not be less than ten years but which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment of either description for a term of less than ten years.

ExplanationΓÇô1:Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. 

ExplanationΓÇô 2: ΓÇÿWomenΓÇÖs or childrenΓÇÖs institution means an institution, whether called an orphanage or a home for neglected woman or children or a widowΓÇÖs home or by any other name, which is established and maintained for the reception and care of woman or children.

ExplanationΓÇô 3: ΓÇÿHospitalΓÇÖ means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

376A Intercourse by a man with his wife during separation: - Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

376B Intercourse by public servant with woman in his custody: - Whoever, being a public servant, takes advantage of his official position and induces of seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

376C Intercourse by Superintendent of Jail, remand home etc. - Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womanΓÇÖs or childrenΓÇÖs institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him. Such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extended to five years and shall also be liable to fine.

 

Explanation 1 :- ΓÇÿSuperintendentΓÇÖ in relation to a jail, remand home or other place of custody or a womanΓÇÖs or childrenΓÇÖs institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.

 

Explanation 2:- The expression ΓÇÿwomenΓÇÖs or childrenΓÇÖs institutionΓÇÖ shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.

Explanation:- The expression ΓÇÿhospitalΓÇÖ shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.

[font=""Trebuchet MS""] [/font]


Learning

 13 Replies

SANJAY DIXIT (Advocate)     06 November 2007

Thanx Sharmila,

for providing us very helpfull definitions & sections of IPC belonging sexual crimes.

Really, ur dance is amazing.

rashok (n/a)     16 November 2007

Dear (Dancing) sharmi,

         Thanks for ur post regarding Sec 375 of IPC.

  I have an doubt, the sec.375, tells clearly about the man raping an female.Incase if an female Rapes an male without his consent,Is this section 375 applicables r not.

 

rashok (n/a)     19 November 2007

Sir,

      hahaha nice joke. Then i wont become an victim b'coz,if such situation comes i may ask an expert advice from friends like u sir.Sorry dont mistake just for fun.

  PLz is the chance for an situation for my question.

 

Prakash Yedhula (Lawyer)     19 November 2007

This would not come under section 375.

mmn (n/a)     21 November 2007

[font=""times new roman""]The case would come u/s 377 of the IPC which speaks about unnatural offences. I reproduce the section for ready reference:[/font]

[font=""Times New Roman""]377: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. [/font]

[font=""Times New Roman""][/font] 

[font=""Times New Roman""]Adv. Murtaza Najmi, Mumbai. [/font]

rashok (n/a)     22 November 2007

Dear Sir,

         Thanks for ur information. it may help smart persons to take legal action against such offence if so occured.

          Regards,

     cholashree

      

tsankaran (n/a)     06 December 2007

Have you noted that for the purpose of section 375, 376 IPC the age for a girl to give consent for sexual intercourse is 16 years but she can not enter in to wedlock (i.e. marry) befor the age of 18 years. doesn't that mean a girl can have sex before marriage.

mmn (n/a)     12 December 2007

[font=""times new roman""]But you may also read the exception to section 376 which clearly says that ""Sexual intercourse by a man with his own wife, the wife not being under 15 years of age is not rape"".[/font]

[font=""Times New Roman""]This would reply to your query because under some customs a minor can be validly given in marriage by her guardians. [/font]

neha_123 (n/a)     18 January 2008

[user=2]yedhulaprakash[/user] wrote: This would not come under section 375."

I would like to ask you something..

A story of my friend plz guide.They were in love.They had physical relations also and

after that there relationship was broken due to some reason.But now that girl after 3 years is asking that boy to marry him or else she is saying i will go to police and lodge a complaint against him under section 376  (rape).Now that boy is uder tension.They had sex & it was with her consent.Kindly suggest

shailendrachimade (n/a)     05 February 2008

She won't succeed.

For further details mail me at rockford_ka@rediffmail.com

anupam_advocate (n/a)     13 February 2008

Thanx Sharmila,

vinod bansal (lawyer)     14 April 2008

A male victim of rape by a female cant launch any litigation bcoz our law is based on our culture,tites,myths so thats why it is not acceptable in indian socaity that a female can commit rape on a male.There is no any provision for such type of situation in IPC...Vinod Bansal Advocate

VIJAYA KUMAR (Lawyer)     02 May 2008

The girl cannot go to the police stating that he has induced with s*xual intercourse with commitment of marrying her and file a section U/s 376. I have already dealt a case like this. Only thing is with the influnce of police they can file a F.I.R and arrest the person. For that you can get anticipatory bail.

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