Bailabel Type : non-bailable

Description

Rape is defined under Section 375 of the Indian Penal Code (IPC). It specifies circumstances under which a man is said to have committed rape against a woman.

Acts Constituting Rape:

A man is said to commit rape if he:

1. Has sexual intercourse with a woman under the following conditions:
   • Against her will.
   • Without her consent.
   • With her consent obtained by putting her in fear of death or grievous hurt.
   • With her consent, when the man knows that he is not her lawful husband, and the consent is given due to her belief that he is her lawful husband.
   • With her consent, obtained through intoxication or when she is incapable of understanding the nature of the act.
   • When she is under 18 years of age, regardless of her consent.
   • When she is unable to communicate consent due to mental or physical incapacity.

Explanation of Sexual Intercourse:

Sexual intercourse includes penetration of the vagina, mouth, urethra, or anus, or manipulation of any part of the body or insertion of objects other than for medical purposes.

Exceptions:

1. Marital Rape Exception:

   • Sexual intercourse by a man with his own wife, if she is not under 15 years of age, does not amount to rape under current Indian laws. (However, this exception has been widely debated and challenged in courts.)

2. Medical Procedures:

   • Acts done for medical purposes do not constitute rape.

Punishment

• Punishments for rape are detailed under IPC Section 376 and vary based on circumstances such as:
  • Minimum 7 years imprisonment, extendable to life imprisonment.
  • In aggravated cases, death penalty or life imprisonment may apply.