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Aditya Shukla   02 April 2021

which section will be act for rape of a boy or a man

Hi. if a boy or a man is raped then which section will be come into act?



 3 Replies

ROHTASH ATTRISH   02 April 2021

yes mordran age law will be implemented 376 on women mordran women criminal
1 Like

Pallavi Singh   02 April 2021

well, it is actually a sad that there are no provisions present that recognise s*xual offences against men in India. POCSO act has criminalised s*xual offences against a male child but no statutes are present for s*xual offences committed against an adult male. Before decriminalisation of section 377, sodomy was criminal offence which was included in provision for carnal offences against the order of nature. Rape is defined in section 375 of IPC and on a bare reading of the section, it can be implied that as per the section the offence of rape can be committed only by a man against a women, and not vice versa or by a man against a man. Rape laws are not gender neutral in India and completely ignorant of the fact that even a can be raped. At present, none of the sections of IPC or any other act expressly lays down provision for s*xual offences against men.

 

Vishal Sharma   02 April 2021

It will be included in Section 377 IPC. Because 377 has been held partly unconstitutional which means it is unconstitutional only for the LGBT community (Consensual between adults of same s*x). But apart from them it is still constitutional. (as held in Navtej Singh Johar Case)
The term rape cannot be used if the victim is a boy or a man. The offence will come under the term Unnatural Offences under 377 only.
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