Rape in ipc. Rape and its Penal Amendments 2023-01-06

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Rape is a heinous crime that has serious consequences for the victim and the perpetrator. It is defined as non-consensual sexual intercourse that is committed against a person's will. In India, rape is criminalized under the Indian Penal Code (IPC), which is the main criminal code of the country.

The definition of rape under the IPC is broad and includes various forms of sexual assault, including vaginal, oral, and anal penetration. It also includes non-consensual penetration with an object or body part other than the penis. The IPC also criminalizes attempts to commit rape, as well as aiding or abetting the commission of rape.

Rape is considered a grave offense in India, and the punishment for rape is severe. Under the IPC, the punishment for rape is imprisonment for a term ranging from seven years to life, depending on the circumstances of the case. In cases where the victim is a minor or where the rape results in the death of the victim, the punishment is even more severe.

In addition to criminal penalties, the IPC also provides for civil remedies for victims of rape, including compensation for damages. The Indian government has also enacted several laws and policies to provide support and assistance to rape victims, including the Medical Examination of Victims of Sexual Offences Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.

Despite these efforts, rape remains a major problem in India. According to the National Crime Records Bureau, there were over 32,500 reported cases of rape in India in 2019, with the actual number likely being much higher due to underreporting. There are several reasons for this high prevalence of rape in India, including societal attitudes towards women, a lack of education about consent and sexual violence, and a lack of effective law enforcement.

To address the problem of rape in India, it is essential to address these underlying issues and to implement effective measures to prevent rape and support its victims. This includes educating the public about consent, promoting gender equality, and strengthening the criminal justice system to ensure that rapists are brought to justice. It is also important to provide support and assistance to rape victims, including medical care, counseling, and legal assistance, to ensure that they are able to recover from their trauma and rebuild their lives.

In conclusion, rape is a serious crime that has severe consequences for both the victim and the perpetrator. While the IPC provides for strong criminal penalties for rape, it is important to also address the underlying causes of this crime and provide support and assistance to its victims. Only by addressing these issues can we hope to reduce the prevalence of rape in India and create a safer and more just society for all.

IPC Section 376

rape in ipc

If the man commits sexual intercourse with the woman and has obtained consent by putting her or any person related to the woman in fear of death or hurt amounts to rape. Almost all offences should have a clear interpretation rule set so that there are no loopholes or opportunities for injustice in the social environment. While reading down the exception the apex court also changed the age for consent from 15 to 18 years. No matter what time of the day it is, a woman is seen as an object of entertainment. The Court explained that, while there are numerous forms of sexual abuse that are horrific in character, not every sexual offence can be termed rape. Â This case also generated a lot of public outcries which led to the formation of the JS Verma committee and various suggestions were suggested and finally an amendment was passed in the year 2013.

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Rape in India

rape in ipc

First clause : against her will If a male has sexual intercourse with a woman against her will, it is rape according to the first clause, unless it falls under one of the exceptions listed in the section. She is unquestionably a competent witness under Section 118 , and her testimony must be given the same weight as that of a victim of physical violence. In India, a woman is raped every 15 minutes, and this includes the cases that are not reported. Corroboration of testimony In the case of Rameshwar vs. Involuntary Intoxication If at the time of the commission of the act, by reason of intoxication, the person is incapable of knowing the nature of the act, because of an intoxicating substance administered to him, without his knowledge or, against his will, the person shall not be held liable because of S. Her testimony cannot be accepted unless it is corroborated in material particulars, according to the Indian Evidence Act of 1872.

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Section 376 IPC

rape in ipc

In this case, it was held that the accused is guilty of committing rape. The punishment for the husband is imprisonment for a term of between 2-7 years with a fine. Kapur Singh was also acquitted of 300 clause 3 as the bodily injuries were not sufficient to cause death since the accused was very careful about inflicting injuries solely for the purpose of amputation. What Circumstances Amount to Act of Rape If the man performs any of the four sexual acts mentioned above in any of the circumstances given below, it amounts to rape. The court convicted the accused as all of them had the common intention to kill the victim as they locked the door from outside and actively prevented people from unbolting it. Absence of injury It is true that harm is not a requirement for determining whether or not rape has occurred. They, depending upon the gravity of the complaint and its genuineness, must take appropriate follow up action casting no stigma to the child or to the family members.

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IPC 376D Section of Indian Penal Code

rape in ipc

 Recently the case that shook the whole country is the Nirbhaya rape case four decades ago the case that shook was the Mathra rape case.  This was a landmark Judgments it was one of the most significant steps taken to criminalize marital rape which is an exception under Section 375 and set a limit that non-consensual sexual intercourse with wife below 18 years would amount to the offence of rape. It is not a criminal offence under the IPC. Measures need to be taken by the Government to introduce laws to every citizen. The court held that consent was not a valid one and was obtained through misconception. Enraged, he murdered both his wife and her paramour. Exceptions to Offence of Rape There are two exceptions to the offence of rape.

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IPC 375 Section of Indian Penal Code

rape in ipc

Thus accused liable for the offence of rape. Burden of proof in crimes The In civil litigation however the burden of proof is different than in criminal litigation. State of Madhya Pradesh 2017 that appeared before the Apex Court involved an accused who had the victim girl seven years old , in his care and custody, and he perpetrated natural and unnatural sexual actions on her over a period of time. Asgarali went to medical quack and purchased Copper Sulphate tablets for aborting the child. Arumugham, the manager of the bank, ordered the seizure of the lorry and the said lorry was seized. State of MP 2006 Facts of the case In this Judgement of the Court The Supreme Court of India ruled that according to the definition of rape set under Section 375 of the Indian Penal Code, a woman cannot commit rape.

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Rape and it's punishments under IPC

rape in ipc

For the crime of rape, the modified Section 376 of the 1860 Code stipulated a minimum sentence of seven years in jail. The court held Mushnooru liable for murder on the basis of S. Opinions expressed are theirs. Cognizance Cognizable Bail Non — Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. Any person who commits rape shall be punished with rigorous imprisonment of 10 years, which may extend to life imprisonment depending on the gravity of the offence and shall also be liable to fine. Usne muje directly love bola or kha ki wo hmesha sath dega or muje yha se nikal kar shadi krega.


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Section 376 IPC

rape in ipc

Section 376 2 e , f : Punishment for rape on a pregnant woman and to a woman who is under 12 years of age As per this section, if any person commits a rape to a woman knowing her to be pregnant or less than the age of 12-years-old shall be punishable with rigorous imprisonment for a term of not less than 10 years, which may extend to imprisonment for lifetime and shall also be liable to fine. According to data from the National Crime Records Bureau NCRB , a total of 32,559 incidents of rape were reported during 2017, which rose to 33,356 cases in the year 2018. Union of India 2004 , the Supreme Court affirmed the concept of rape, ruling that only heterosexual intercourse, such as vaginal and penial penetration, is rape. As Per National Crime Record Bureau, South Africa has the highest rape rate. Â The trial court acquainted the accused due to a lack of medical evidence. Those 6 members beat up a friend who sought to defend Nirbhaya from such violent conduct. However, marital rape, i.

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Rapes in India: reasons and prevention

rape in ipc

Therefore, a woman cannot commit rape. . The real rule of prudence requires that the judge consider the possibility of corroboration in every situation of this nature, and that this be noted in the verdict. Originally, rapehad no sexual connotation and is still used in other contexts in English. At first, she was taken to the Chand Pa police station, where the police rejected her claims and, according to the family, also humiliated them.

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IPC Section 375

rape in ipc

Gang rape is defined above. But suddenly she logged rape case on me. UNICEF , in one of its reports , found that 57% of Indian boys and 53% of girls think that the beating of a wife is justified. His eldest son Ram Swarup was armed with a rifle, while Gangaram carried a dagger. Also, the conviction rate is too low in India. State of Maharashtra 1978 In this case, Mathura was an 18-year-old orphan girl who was called to the police station on an abduction report filed by her brother.

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