• Rape: U/S-376 IPC

  • “Rape is one of the most barbaric and heinous crimes not only against the victim of the rape but also against the society as a whole. The cases of rape, gang rape and digital rape are on increase and perpetrators of this inhuman and brutal crime are worse than even the beasts and deserve to be dealt with a heavy hand. The entire country is seriously debating this issue and there are proposals coming forth Bail Appn. 311/2013 Page 10 that death penalty should be the answer to deal with the accused involved in such heinous crime. Having said this, I am also constrained to observe here that no one should be allowed to trivialise the gravity of offence by misusing the same as a weapon for vengeance or vendetta.”: Hon'ble Justice Kailash Gambhir, Delhi High Court

    Offence Of Rape Defined Under Section-375 Of The Indian Penal Code, 1860- 

    Under Section-375 IPC, a man is said to commit "rape" who has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:
    First.-Against her will.

    Secondly.-Without her consent.

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

    Fourthly.--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.--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 unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

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

    Explanation.--Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

    Exception.--Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

    Sentence Part Dealt In Sections-376, 376A, 376B, 376C & 376D IPC

    The Section-376 of the Indian Penal Code, 1860, provides for the punishment for the offence of rape. As per S-376 IPC, whoever commits an offence of 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 women raped is his own wife and is not under twelve years of age, in which cases, 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 judgment, impose a sentence of imprisonment for a term of less than seven years.

    The law, as contained in S-376 IPC further provides for the punishment for person who takes advantage of his official position and commits rape on a woman in his custody and supervision. Like, a staff, officers and management of Police Station, Jail, Remand Home, Hospital or other places or institutions of custody established by or under any law.  

    It is further provided in the section-376 IPC that if 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.

    The Section-376A provides for the punishment for the offence of rape by a man with his wife during their  separation. The punishment provided for such offence is the imprisonment of either description for a term which may extend to two years or fine.

    The Section-376B provides for the punishment for the offence of rape by a public servant with a woman in his custody, taking undue advantage of his official position. The punishment provided for such offence is the imprisonment of either description for a term which may extend to five years and fine.

    The Section-376C applies in the case of a superintendent of jail, remand home, etc, who commits rape, taking advantage of his official position. The punishment provided for such offence is the imprisonment of either description for a term which may extend to five years and fine.

    The Section-376D is applicable on the member of a management or staff of a hospital, committing an offence of rape on any woman in that hospital. The punishment provided for such offence is the imprisonment of either description for a term which may extend to five years and fine.

    Go on clicking on the following link to know more about the law concerning the offence of Rape.

    • Antecedents & Background of the Prosecutrix– Poor, semi-literate, rustic and unmarried young woman.
    • Antecedents & Background of the Prosecutrix– Smart, Outspoken, Outgoing, working,
    • Antecedents & Background of the Accused 
    • Consensual Sex on the false promise of marriage.
    • Consensual  Sex owing to misconception of facts within the meaning of Section 90 IPC.
    • Correctness and genuineness of documents
    • Conflicting Versions
    • Cross Examination- Sample Questions
    • Delay In Lodging FIR
    • False Implication
    • False Implication owing to nurturing of grievance  
    • False Implication In An Attempt To Extort Money
    • False Implication With Ulterior motives
    • False Implication In An Attempt to Exploit  
    • Mode of proving
    • Plea of ‘alibi’
    • Tangible reasons to disbelieve specific assertion of Prosecutrix.
    • Unsuspecting woman

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