Rape

Rape-Section 375

According to section 375 of Indian Penal Code, A man is said to commit “rape” who has done sexual intercourse with a woman under these conditions-

· Against her will

· Without her consent

· With her consent but the consent has been obtained by putting her or any person in whom she is connected in fear of death or any kind of harm.

· With or without her consent, when she is under Eighteen years of age. She will be considered minor till then.

· With her consent, when at the time of giving consent she is unable to understand the nature and consequences to that she has given consent. For e.g. Unsoundness of mind, Intoxication (Either taken personally or given by any other person).

· With her consent, when the man knows that her consent is just because she believes herself to be lawfully married to the man.

Exception-Sexual Intercourse by a man with his own wife, the wife not being under fifteen years of age, is not considered rape.

Whoever commits the offence of Rape shall be punished with rigorous punishment of either not less than 10 years, which may extend to life imprisonment and shall also be liable for fine.

Bail Judgments

· Abhishek Chouhan Vs SO MP- MP High Court, Indore, Judgment Dated- 02.08.2021- Held, in majority of the cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also, but in the considered opinion of this Court, barring some exceptions, India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case- Further held, It is also held that, a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed.

Judgments: Indian Penal Code- Section-377 IPC

Naz Foundation Versus Government of NCT of Delhi and Others, W.P(C) 7455/2001, Judgment Dated- 02.07.2009, Chief Justice & S. Muralidhar, Delhi High Court. [Full PDF Judgment]- The Court held as follows: “Section 377 IPC, insofar it criminalizes consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex involving minors.". The High Court Order was challenged before the Hon'ble Supreme Court of India- The particulars of the Supreme Court Civil Appeal are as follows: Suresh Kumar Koushal and another Versus NAZ Foundation and others, Civil Appeal No. 10972 Of 2013, Judgment Dated: 11.12.2013, Bench: G.S. Singhvi & Sudhansu Jyoti Mukhopadhaya, JJ, Supreme Court Of India [Full PDF Judgment]- SC set aside High Court Order, Observing as follows: "54. In view of the above discussion, we hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable.".

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