Date:-21/04/2024 Retrieved Rubrics -RAPE ----------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. The right of private defence of the body extends, under the restrictions specified in section 37, 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:- (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting; Right of private defence against act of a person of unsound mind, etc. Acts against which there is no right of private defence. When right of private defence of body extends to causing death. When such right extends to causing any harm other than death. Commencement and continuance of right of private ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. Illustrations. (a ) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. ( b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket. A is guilty under this section. CHAPTERV OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences 63. A man is said to commit "rape" if he- Rape. (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:- (i) against her will; (ii) without her consent; ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) 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 eighteen years of age, is not rape. (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 ten 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,- Punishment for 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 ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. imprisonment of either description for a term which shall not be less than ten 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,- Punishment for 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 Government 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 ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. (c) being a member of the armed forces deployed in an area by the Central Government 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 incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (m) 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.- ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. (b) "hospital" means the precincts of the hospital and includes the precincts of- any institution for the reception and treatment of persons during convalescence or of- persons requiring medical attention or rehabilitation;- (c) "police officer" shall have the same meaning as assigned to the expression- "police" under the Police Act, 1861;-5 of 1861. (d) "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children. (1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty 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: 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 sub- section shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. section 63. 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 63. Explanation 2.-For the purposes of this section, Explanation 1 to section 63 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. Punishment for rape in certain cases. Punishment for causing death or resulting in persistent ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. separation. Sexual intercourse by a person in authority. Sexual intercourse by employing deceitful means, etc. Gang rape. Punishment for repeat offenders. Disclosure of identity of victim of certain offences, etc. Explanation 4.-The expressions "hospital" and "women's or children's institution" shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub- section (2) of section 64. Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.-"deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. ........................................................ SEARCH RUBRICS :RAPE .................... SELECTED LEGISLATION :THE BHARATIYA NYAYA SANHITA, 2023 .....................:................................. Disclosure of identity of victim of certain offences, etc. Explanation 4.-The expressions "hospital" and "women's or children's institution" shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub- section (2) of section 64. Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.-"deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. (1) 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 imprisonment for 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 sub- section shall be paid to the victim. (2) Where a woman under eighteen years of age 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 imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death: ........................................................