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2019- IPC Section 375 & 376–Law for Rape & Punishment in India: Top 15 Points

1. Indian Penal Code 375 specifies that a man commits ‘rape’ when

              1. He forcefully tries to make physical relations with any woman.

             2. Forcing a woman into physical intercourse or oral intercourse or any kind of other sexual abuse.

              3. Sexually abusing the private parts of any woman or using their private parts or any object against the body of a woman without their consent. 

              4. Undressing a woman without their consent with the intention of sexual intercourse or attempting sexual intercourse without removing their clothes.

2. Irrespective of the age of women, the Indian Constitution considers the above circumstances mentioned as rape. The age factor plays a very important role in cases of rape. Involving in sexual intercourse with an underage girl, even with her consent, is considered as rape.

3. In the following circumstances, the court will not consider the consent of a woman as consent;
             1. If the girl is underage or below 18 years of age.

             2. If the consent is taken by scaring or threatening a girl or by keeping someone close to the girl as leverage.

              3. If the consent is given under the deception that the man is her husband or will be her future husband.

          4. If the women giving the consent is not sane.

              5. If the woman gives the consent in a drugged state.

4. In any rape case, the most important evidence is the statement of the victim. If the statement is strong enough with no scope of doubt, then the Court will need no further evidence. 

5. The cases of rape, sexual assault, and molestation are cognizable offenses;  Therefore, it is within the authority of the police to arrest the guilty. In these cases, the burden of proving the crime lies on the complainant side.  

6. The Indian constitution considers rape a serious crime. There are provisions for serious punishment for the wrongdoer under Indian Penal Code 376. 

7. If a man is charged under the case of rape or sexual molestation, then the accused is prosecuted under 376. If found guilty, then there is a provision for severe punishment for a minimum of 7 years and a maximum of 10 years. The court can also charge the guilty with a fine. 

8. Section 376A specifies that if a man forcibly assaults a woman and the victim suffers death or goes to coma, then the court should charge the guilty for a minimum of 20 years of imprisonment and in extreme situations life imprisonment. 

9. Section 376AB specifies that if any man rapes a girl under the age of 12 then the guilty could be charged with life imprisonment or a death penalty. 

10. Section 376B specifies that If a man accused of raping his wife, if found guilty can be imprisoned for a maximum of 2 years or can be charged with a fine or both. 

11. Section 376C specifies that anyone of higher authority like a public servant, superintendent of the prison, a hospital worker if physically or sexually assaults any woman working under them then they will be imprisoned for a minimum of 5 years and a maximum of 10 years along with further fines. 

12. Section 376D specifies that if a rape involves a group of men, then the court will charge each of them under rape and if found guilty they will be imprisoned for a minimum of 20 years and a maximum of life imprisonment. 

13. Section 376DA specifies that if a group is involved in the gang rape of a girl less than 16 years of age, then each of them will be charged with fines and imprisoned for life. 

14. Section 376DB specifies that if a group is involved in the gang rape of a girl less than 12 years of age, then they will be charged with a death penalty or imprisonment for life. 

15. Section 376E specifies that if a man commits rape after being found guilty once before, then the court will charge him with a death penalty or life imprisonment. 

This article is written for educational purposes, this is not for any kind of advertisement of the writer.


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