Section 376 ipc. Everything about Section 376 IPC 2022-12-23
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Section 376 of the Indian Penal Code (IPC) deals with the offense of rape. It states that a person who commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine.
Rape is defined as sexual intercourse with a woman without her consent, or with her consent when the consent has been obtained by putting her in fear of death or of hurt. It also includes cases where the woman is unable to give consent due to physical or mental incapacity, or where she is below the age of 16 years.
The punishment for rape is severe in India, and this reflects the seriousness of the offense and the need to deter such crimes. Rape is a violation of a person's bodily autonomy and dignity, and it has a profound impact on the survivor's physical and mental well-being.
In recent years, there have been several high-profile cases of rape in India that have sparked widespread outrage and protests. The government has responded by enacting stricter laws and increasing the severity of punishment for rape.
In addition to the punishment prescribed in section 376 of the IPC, there are several other provisions in the code that deal with related offenses, such as sexual assault, stalking, and voyeurism. These provisions aim to provide a comprehensive framework for addressing sexual violence and protecting the rights of survivors.
It is essential that rape and other forms of sexual violence are taken seriously and that perpetrators are held accountable for their actions. This requires a robust legal framework and a commitment to justice from society as a whole.
Punishment for Rape
But the judgement given by the Court was unfair as the Court disregarded the mischief rule of interpretation as he agreed with the very stereotype and tried drawing a relation with the prosecutrix. On the contrary, rape cases have seen an incessant increase in recent years. Hence, if the rape was committed brutally and is highly condemnable, the convict shall be granted the death penalty, as seen in the case of rape convicts of the Nirbhaya gang-rape case. Consent is implied when a woman marries a man. The conditions that lead to the commission of rape during sexual intercourse between a man and a woman are listed in According to the Section, the act of penetrating is sufficient to be considered sexual intercourse, and if such penetration is forced, it will be termed as rape. Landmark cases related to Section 376 IPC Priya Patel v.
However, in the peculiar circumstances of the matrimonial dispute case, where the woman said that her future depends on the quashing of the FIR and that rape was not committed upon her, it will be in the interest of justice that if the FIR in its entirety is quashed, the Court ruled. In India, 31,677 instances were reported in 2021, which equates to 86 cases each day on average. High Court stated that for deciding the case under Section 376 of IPC, paternity of the child is not relevant as the same can be decided on oral evidence. As a result, we see that strict legislation is essential to safeguard women from outsiders as well as family members. The mischief and the literal rule also have an operation in this judgement. This has made the vision of consensual and non-consensual sex blurred for the citizens. Cognizance Cognizable Bail Non — Bailable Trial Sessions Court Compoundability Under Section 320 of Cr.
The charge sheet had been filed under Section 376 of the IPC, but, in her statement given under Section 164 of the Code of Criminal Procedure CrPC , the complainant stated that her father-in-law had made only a rape attempt. In this article, we are going to discuss Section 376 IPC. Previously, it was thought to be caused by an overwhelming sexual desire, but it now appears to be caused by a persistent assertion of power over the victim. Punishment for gang rape on woman under twelve years of age. With this, many of the fundamentally accepted interpretations of the statue were blatantly disregarded.
One of the most heinous crimes committed in India is rape. Section 376E of IPC Punishment for repeat offenders is defined in this Section. Those 6 members beat up a friend who sought to defend Nirbhaya from such violent conduct. In such situations, women may find themselves in a position where they choose to accuse their lovers of rape when their relationship is revealed. Clause 2 of Section 376 has subclauses a to g which provide punishment for aggravated forms of rape such as custodial rape, rape on a pregnant woman, gang rape, rape by a police officer, or by a public servant, etc. RULES The rules of interpretation have a bearing on the present case and fall under the broad overview of strict interpretations of penal statutes, which is an accepted principle when it comes to offences that are criminal in nature.
Cases under Section 376 IPC should be quashed only under peculiar circumstances: Delhi High Court
I bet India has two times as many alleged rape instances. Section 376C of IPC Sexual intercourse by a person in power is punishable under this Section. What is section 376 IPC? Whether these cases are wrongful or not is a matter of perspective. The maximum limit of punishment is life imprisonment and even the death penalty in severe cases. Ans: A person can apply for anticipatory bail if there is an apprehension of arrest under Section 376 IPC. Cognizance Cognizable Bail Non-Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. The literal rule interprets that the words and phrases in a statute must be given their most common meaning, i.
Consent given by deception of the victim is not valid consent. Also, it is important to understand that it is through the Jurisprudence that the over-bearing principle has been developed and the presumption of innocence of accused and a fair trial for an accused should only go as far as the fact that it should remain a fair trial for all the parties involved. In this matter, the High court observed that when a wife does not live separately from her husband even when a decree of separation has been granted to them, even when she has been subjected to sexual intercourse by the husband against her will or without her husband, she cannot attract an offence towards her husband under Section 376A of the Indian Penal Code We are certified, bonded, authorised, professional, experienced and reliable Law Firm, Serving in Kolkata Area since 1984. These, however, are the registered numbers. CONCLUSION One thing is clear about this judgement that it was the first to discuss and deliver the judgement on the concept of consent post the amendment of 2012 set a very dangerous and archaic precedent, also, the Supreme Court of India had refused the special leave petition to challenge the acquittal and this judgement also brought in with it the age-old stereotypes which the earlier judgements had tried to remove and bring in a change. Landmark Judgments on Section 376 IPC Shakti Mills case - In the Shakthi Mills Case, the Bombay High Court issued a ruling last month supporting the constitutionality of Section 376E of the Indian Penal Code, which allows for the imposition of a life sentence or the death penalty upon a second conviction for rape. This clause punishes a man who commits an act against a woman that results in her being injured, going into a vegetative state, or dying.
Section 376D of IPC Gang rape offences are punishable under this Section. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. A woman cannot be convicted for committing the crime of rape, and even if she is part of an incident of gang rape, she will be held liable for abetment to the crime, but not for the actual offence. State of NCT of Delhi Criminal Writ Petition Case No. However, because of such cases and judgements only will there be a place and scope for the betterment and improvement in the laws which are related to rape.
For Deciding the Case Under Section 376 of IPC, DNA Test Is Not Relevant As the Paternity of the Child Can Be Decided on Oral Evidence: Jharkhand HC
The petitioner has earlier moved before the Court challenging the cognizance order as well as the order rejecting the prayer for a DNA test of the child. Because a mentally challenged girl is unable to offer consent, there is no question of consent in this case. Therefore, holding of DNA test will not be relevant to the consideration of the charge. According to the reports, 1 in 33 men experience sexual violence, and 1 in 4 women experience sexual assault. The past decade has seen an unprecedented increase in the number of rape cases across India, which raises an alarm for the need of deterrent laws now more than ever. The punishment in such cases was rigorous imprisonment for a period not less than 7 years and which may be extended to imprisonment for life and shall also be liable to fine.
