SECTION 375 IPC
Section 375 of the IPC defines that- A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions-
(First) — Against her will.
(Secondly) —Without her consent.
(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.
(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.
(Fifthly) — With her consent, when, at the time of giving such consent, because 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.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exceptions to Section 375
There are two exceptions provided under the section. They are:
Exception 1: When there is medical treatment or intervention it shall not constitute rape.
Exception 2: When there is sexual intercourse or any sexual act by a husband with his wife who is above 15 years of age is not considered to be rape.
Section 375 of IPC tells about rape and what actions if done by a man, can make him liable for punishment under Section 376 of IPC. Section 375 was in IPC from the time of the enactment of this statute but its ambit has been enlarged after the Criminal Law Amendment of 2013.
Punishment
The punishment for rape is provided under Section 376 of IPC. Section 376(1) of the IPC states that whoever except in cases provided under sub-section (2) commits rape should be liable to be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine. The person is not liable if the woman is his wife and is not under twelve years of age.
LANDMARK JUDGEMENTS
Mukesh & Anr. v State for NCT of Delhi & Ors.
Facts
The case is famously known as the Nirbhaya case. In this case, a 23 year old medical student was returning after a movie with her friend and took a bus. In the bus, she was gang-raped by six people and was brutally assaulted. After the rape, she along with her friend were thrown out of the bus naked. The girl died while she was being treated in a hospital in Singapore.
Judgment
In this case, the Supreme Court awarded death penalty to four of the accused among six. One of them being a juvenile was convicted by the Juvenile Justice Board and sent to the correctional home. The other one committed suicide before the judgment was delivered. After this case, the need to amend certain provisions of Section 375 was felt so the Criminal Law (Amendment) Act, 2013 was brought into effect. Under the newly amended section, the punishment of rape is at the least seven years which may extend to life imprisonment. Any man who is a police officer, medical officer, public officer or public servant may be imprisoned for at least 10 years if commits rape. Where rape leads to the death of the victim or entered into a vegetative state the punishment of life imprisonment extending to death has been prescribed. The punishment for gang rape is at least 10 years.
Harpal Singh & others v. State of Himachal Pradesh
Facts
In this case, the prosecutrix who was a girl under 16 years was sent by her mother to visit her ailing aunt in the village. While she was going the accused came to her and told her that her brother was lying sick in the dispensary. She rushed with him, there he along with two others locked her in a room. After that, they committed sexual intercourse with her against her will. She was later rescued by her family who decided to keep quiet. The matter was later on published in a newspaper and the police started the inquiry. The accused held that the girl was used to sexual intercourse and gave consent for the same.
Judgment
The Supreme Court found enough evidence which proved that she was under 15 years old during the sexual intercourse and as such her consent was no consent at all. The accused were held liable for rape under Section 376 of the Indian Penal Code.
Dileep Singh v. the State of Bihar
Facts
In this case, the accused and the victim were neighbors. They fell in love and the accused forced the girl for sexual intercourse. He promised her that he would be marrying her and continued to have sexual relations with her. The girl’s parents came to know when she became pregnant so they reported against him. He said that he never forced the girl and she was the one who consented.
Judgment
The man was held liable under Section 375 of IPC for rape. The judges said that the consent of the girl for sexual intercourse was obtained by fraud as he promised to marry her. The consent which is obtained by fraud committed with the victim is no consent.
There are so many cases of rape that are not even reported to the police. Although many guidelines are made, the punishments are made stricter but still, there is a rise in the number of cases. The reason is that women are not well aware of their rights and also those who are victims hesitate to come forward and report such incidents. Society needs to understand that the victims are nowhere at fault so they don’t deserve to be ostracised by society rather people should support the victims to start a new life. When the thinking of the people about the rape incidents will change then only the various laws which are made can be implemented properly.