RAPE S.

375 into
Against her will
Penetrates his penis Vagina
to any extent Without her consent
Urethra
Inserts any object to With her consent,
any extent under…
Anus • Fear of death or hurt
• Misconception of
Manipulates any Mouth
facts RAPE
part of the body of • She is under 18 yrs
A man

a women so as to Or
• She is insane,
cause penetration Makes her intoxicated or
to do so hypnotized
Applies his mouth With him or
to any other Unable to communicate
person consent
o “Vagina” shall also includes “labia majora”.
o “Consent” means an unequivocal agreement by EXCEPTIONS
words, gesture or any form, which is 1.Medical procedure or intervention.
communicated her willingness to participate in a 2.Sexual intercourse by a man with his own wife,
specific sexual act. who is above the age of 15 years
 CUSTODIAL RAPE S.376, PARA II
during communal
or sectarian on pregnant woman
A Police Officer
violence
Public Servant
Whoever, commits rape, being…..
incapable of giving on under 16 years girl
consent
Member of
Armed Forces
repeatedly
Management of Commits suffering from mental
jail, remand rape on or physical disability
home, woman’s women
or children’s causes grievous bodily harm or maims or
institution disfigures or endangers the life of a
woman
Management of
hospitals

person in a
position of trust
PUNISHMENT
In a position of control R.I. for 10 years to imprisonment for life (the remainder of
or dominance that person’s natural life) and with fine.
Rape + Death/Permanent Vegetative state of woman (Sec-376A)
• Committal of rape
• In course of such committal, there should be an injury
• The injury should cause…
• Death of the woman, or
• Persistent vegetative state of the woman.

PUNISHMENT
Rigorous Imprisonment for a
term not less than 20 years to
imprisonment for life (the
remainder of that person’s
natural life) or with death.
 Sexual intercourse by husband upon his wife during separation (Sec-376B)
o Sexual intercourse by a man
o With his own wife
o Without her consent
o At the time of such sexual intercourse, she should living separately from him
o Separation may be under a decree of separation or under custom or usage

It aims at the preservation of family

institution by ruling out the possibility of PUNISHMENT
false, fabricated and motivated complaints of Imprisonment for 2 years
rape by wife against her husband. to 7 years and with fine
Sexual intercourse by a person in authority (Sec-376C)
o Sexual intercourse by a person
o In a position of authority, or
o In fiduciary relationship, or
o Public servant, or
o Superintendent or manager of..
o a jail,
o remand home or other place of custody, PUNISHMENT
Rigorous Imprisonment for 5years to
o women’s / children’s institution, or 10 years and with fine.
o Management of a hospital
o Abusing such position or fiduciary relationship
o To induce or seduce any woman..
o His custody
o Under his charge
o Present in the premises
o Such sexual intercourse not amounting to rape
Gang Rape (Sec-376D)
o Rape + …..
o By one or more persons
o Constituting a group, or
o Acting in furtherance of a common intention
o Each of those persons shall be deemed to have committed the offence of rape
(Joint Liability)
PUNISHMENT
Rigorous Imprisonment for 20 years to imprisonment for life (the remainder of
that person’s natural life) and with fine to be paid to the victim.
Important Case-laws
o State of Punjab v. Gurmit Singh, AIR 1996 SC 1393
o Three accused person abducted a girl and subjected her to sexual intercourse
forcibly.
o Additional Judge, Ludhiana acquitted all three accused persons on both the counts
of abduction and rape.
o The apex court held that at no point of time the prosecutrix willingly co-operated.
SC issued certain guidelines ;-
o Delay in lodging FIR not material when properly explained;
o Testimony of prosecutrix is vital unless there are compelling reasons demanding
corroboration;
o Trial of sexual offences should be in camera and preferably by a lady judge;
o Court must restrain making observations that victim is of loose moral character.
o Unnecessary harassment should not be there during cross-examination.
o Deepak Gulati v. State of Haryana, AIR 2013 SC2071
o Intercourse under promise to marry amount to rape only if from initial stage, the accused
had no intention to marry and he had clandestine motives.
o Deelip Singh @ Dilip Singh v. State of Bihar, AIR 2005 SC 203
o Accused promised to marry prosecutrix and had sexual intercourse. Later on
didn’t marry and he convicted for rape by trial court.
o Apex Court set aside the conviction and held that
o Consent given by a women believing the man’s promise to marry her would fall
under S.375, clause ii, only if it is established that from the very inception the man
never really intended to marry her and the promise was mere hoax.
o When prosecutrix had taken a conscious decision to participate in sexual act only on
being impressed by the accused’s promise to marry her and if the promise was not
false, section 375 (ii) not attracted. A man can only be held liable for breach of
promise to marry and liable to pay damages under civil law.
Important Case-laws
o Mukesh and another v. State (NCT Delhi) & others, (2017) 6 SCC 1
o Nirbhaya (not her name) was beaten, gang raped, and tortured in a running
bus –after 13 days she died -the incident generated widespread national and
international coverage -Public protests took place in New Delhi .
o Govt. amended IPC, CRPC, IEA, and POCSO Acts -in 2013.
o Tukaram vs. State of Maharashtra (Mathura Rape Case) AIR 1979 SC 185
o A minor Harijan girl raped by two policemen in the Police Station.
o Trial Court acquitted – the HC convicted – the SC acquitted the accused.
o IEA was amended –Sec.114A has been inserted –the court presumes that no
consent was given by the victim –the burden of proving consent of the
victim is shifted from the prosecution to the defence.
Changes brought in rape laws after the Nirbhaya case
o The Age of consent has been enhanced from sixteen years to eighteen years.
o The definition of rape has been widened after the Nirbhaya Case.
o The Amendment Act has included more actions under the purview of what
constitutes rape such as unconsented penetration of mouth, urethra, vagina,
anus with the penis or other objects by anyone and unconsented application of
mouth to vagina, urethra and anus.
o Insertion of Section 376 (2)(c) which covers the offence of Rape by personnel
of armed forces.
o Insertion of Section 376A which deals with the Rape resulting in death or
vegetative state.
o Insertion of Section 376D which deals with the crime of Gang rape.
o Repetition of offences is punishable with life imprisonment or death.