Date:-21/04/2024 Retrieved Rubrics -RAPE ----------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z's death, and intending in good faith, Z's benefit performs that operation on Z, with Z's consent. A has committed no offence. comments Scope Consent is good defence to all offences in general. But if once it is proved in a case of rape that the girl in question was below 16 years, her consent becomes wholly irrelevant and the accused is liable for the offence as if no consent were obtained; Harpal Singh v. State of Himachal Pradesh, AIR 1981 SC 361. Section 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person : Provisos-Provided- First.- That this exception shall not extend to the intentional causing of death, or to the attempting to cause death; Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... a person who has right to possession, then there is obviously no room to have recourse to the public authorities and the accused has the undoubted right to resist the attack and use even force if necessary; Puran Singh v. State of Punjab, 1975 Cr LJ 1479 SC. Section 100. When the right of private defence of the body extends to causing death The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:- First.- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.- An assault with the intention of committing rape; Fourthly.-An assault with the intention of gratifying unnatural lust; Fifthly.- An assault with the intention of kidnapping or abducting; Sixthly.- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 1[Seventhly.-- An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act] COMMENTS Appreciation of death or grievious hurt cases If the accused had already dealt several blows on the deceased, he could not have been in a position to shoot at the accused persons. Having regard to some of the admissions made by the witnesses, it ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... Punishment-Imprisonment for 10 years and fine-Cognizable-Non-bailable- Triable by Court of Session-Non-compoundable. --------- 1. Subs. by Act 18 of 1924, sec. 2, for certain words. 2. Ins. by Act 18 of 1924, sec. 4. Section 374. Unlawful compulsory labour Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with both. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 1 year, or fine, or both-Cognizable- Bailable-Triable by any Magistrate-Non-compoundable. Section 375. Rape 1[375. A man is said to commit "rape" if he- (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:- First.-Against her will. Secondly.-Without her consent. ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... that to which she gives consent. Sixthly.-With or without her consent, when she is under eighteen years of age. Seventhly.-When she is unable to communicate consent. Explanation 1.-For the purposes of this section, "vagina" shall also include labia majora. Explanation 2.-Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.-A medical procedure or intervention shall not constitute rape. Exception 2.-Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.] ---------- 1. Inserted by Section 9 of 'The Criminal Law (Amendment) Act, 2013' Section 376. Punishment for rape 1[376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous 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. (2) Whoever,- (a) being a police officer, commits rape- (i) within the limits of the police station to which such police officer is appointed; or ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... Section 376. Punishment for rape 1[376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous 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. (2) Whoever,- (a) being a police officer, commits rape- (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... (c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape on a woman when she is under sixteen years of age; Or (j) commits rape, on a woman incapable of giving consent; or (k) being in a position of control or dominance over a woman, commits rape on such woman; or (l) commits rape on a woman suffering from mental or physical disability; or (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Explanation.-For the purposes of this sub-section,- ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... 1. Inserted by Section 9 of 'The Criminal Law (Amendment) Act, 2013'. Section 376C. Intercourse by superintendent of jail, remand home, etc. 1[376C. Whoever, being- (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.-In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375. Explanation 2. -For the purposes of this section, Explanation 1 to section 375 shall also be applicable. Explanation 3.-"Superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.-The expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.] -------- ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... Explanation 2. -For the purposes of this section, Explanation 1 to section 375 shall also be applicable. Explanation 3.-"Superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.-The expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.] -------- 1. Inserted by Section 9 of 'The Criminal Law (Amendment) Act, 2013'. Section 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital 1[376D. Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] -------- 1. Inserted by Section 9 of 'The Criminal Law (Amendment) Act, 2013'. Section 376E. Punishment for repeat offenders 1[376E. Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :INDIAN PENAL CODE 1860 .....................:...................... CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 7 years and fine-Non-cognizable-Bailable- Triable by Magistrate of the first class-Non-compoundable. State Amendment Andhra Pradesh Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable- Triable by Magistrate of the first class-Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]. Section 497. Adultery Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 5 years, or fine, or both-Non-cognizable- Bailable-Triable by Magistrate of the first class-Non-compoundable. STATE AMENDMENT Andhra Pradesh Punishment-Imprisonment for 5 years, or fine, or both-Cognizable- Bailable-Triable by Magistrate of the first class-Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]. Section 498. Enticing or taking away or detaining with criminal intent a married woman ........................................................