Sexual Offence Rape 375

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Criminal Law – Indian Penal Code (Sexual Offence Rape Sec. 375)

‘ Rape Subs. By the criminal Law ( Amendment Act 2013) 13 of 2013 , Section 9 ( w.e.f. 3 feb. 2013).

Sec. 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:-

1. First – Against her will
2. Secondly.- Without her consent.
3. Thirdly.- With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
4. 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.
5. 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.
6. Sixthly.- With or without her consent, when she is under eighteen years of age.
7. Seventhly.- When she is unable to communicate consent.

Explanation I.-  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 I.- 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.

Case Laws:-

Sakshi v UoI, AIR 2004 SC 3566

  Earlier, It is the first case in which the definition of rape paved way for the change of law. A PIL, seeking a declaration to treat non- penile penetration also to be treated as rape but it failed when Supreme Court declined the relief but the court;s exhortion to alter the definition paved way for the change of law.

Now the definition of rape has undergone a major change in admitting non-penile penetration also but it continues to be gender-specific as committed against a female.

Criminal Law Amendment Act, 2013 ( Nirbhaya Act) After Nirbhaya act (Dec. 2012 New Delhi) came into force. It was based on the recommendations made by Justice Verma Committee.

It made amendments to the CrPC, 1973, Indian Evidence Act 1872 and the IPC, 1860. It expanded the definition of rape and substituted new sections for old sections such as 370,375,376,376A, 376B, 376C and 376D

It also amended existing sections as well as created new offences in the IPC, 1860,such as:

• Public Servant disobying direction under law ( Sec. 166A)
• Punishment for non-treatment of victim ( Sec. 166B)
• Voluntarily causing grievous hurt by use of acid, etc. (Sec. 326A)
• Sexual harrasment and punishment for sexual harrasment ( 354A)
• Assault or use of criminal force to woman with intent to disrobe ( 354B)
• Voyeurism (354C)
• Stalking ( 354D)
• Punishment for repeat offenders ( 376E)