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How A Man Can Be Accused To Commit "Rape"?



A man is accused to commit rape if he penetrates his penis, to any extent, into vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person; or inserts, to any extent, any object or part of the body, not being the penis, into the vagina, urethra or anus of a woman or makes her do so with him or any other person; or manipulates any part of the body of a woman so as to cause penetration into vagina, urethra, anus or any part of the body of such woman or makes her do so with him or any other person; or applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person.


A 'rape' charge under the Section 375 Indian Penal Code has four parts:


1. 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


2. 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


3. 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


4. 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 the seven descriptions.



The court will decide that these acts are rape if:


  • Against her will.

  • Without her consent.

  • With consent obtained by putting her or any other person in whom she is interested in fear of death or of hurt,

  • With consent but given under the misconception of fact that the man was her husband,

  • Consent is given by reason of unsoundness of mind, or under influence of intoxication or any stupefying or unwholesome substance,

  • Women under eighteen with or without consent.

  • When women is unable to communicate consent.

Section 376 - Punishment for 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 he 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


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,—


a. "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any Jaw for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government!, or the State Government;


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;


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.

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