Rape in ipc. Rape and its Penal Amendments 2022-11-05
Rape in ipc Rating:
Rape is a serious and heinous crime that is punishable under the Indian Penal Code (IPC). It is defined as any sexual act that is committed against the will of the victim or without their consent. The IPC considers rape to be a form of sexual assault that can cause physical, emotional, and psychological trauma to the victim.
In India, rape is punishable under Section 375 of the IPC. According to this section, rape is defined as sexual intercourse with a woman against her will or without her consent. It also includes cases where the victim is unable to give consent due to physical or mental incapacity. The punishment for rape is imprisonment for a term that may extend to ten years, and in some cases, it may be life imprisonment.
In addition to the punishment for rape, the IPC also provides for other provisions to protect the rights of rape victims. For example, under Section 376D, if a rape victim is subjected to gang rape, the punishment is imprisonment for the remainder of the person's natural life, or for a term that may extend to twenty years. The IPC also provides for the punishment of public servants who commit rape while on duty, or who abuse their position of authority to commit rape.
Despite these provisions, rape remains a pervasive problem in India. According to the National Crime Records Bureau, there were 33,658 reported cases of rape in India in 2019. However, it is believed that the actual number of rape cases is much higher, as many victims do not report the crime due to stigma, fear of reprisal, or lack of trust in the criminal justice system.
Efforts have been made to address the issue of rape in India, including the implementation of fast-track courts to expedite the trial process, the introduction of new laws such as the Protection of Children from Sexual Offences Act (POCSO) to protect minors from sexual abuse, and the creation of a national registry of sex offenders.
However, more needs to be done to address the root causes of rape and to create a culture of consent and respect for women's rights. This includes educating the public on issues related to consent, gender equality, and respect for women, as well as strengthening the criminal justice system to ensure that rape cases are properly investigated and that perpetrators are brought to justice.
In conclusion, rape is a serious crime that causes physical, emotional, and psychological harm to the victim. The Indian Penal Code provides for strong penalties for rape, and efforts have been made to address the issue of rape in India. However, more needs to be done to prevent rape and to ensure that victims receive justice.
Rape under IPC
Such a situation can be when a woman is an unsound mind, differently abled, physically unfit for resistance, minor, etc. SPECIAL EXCEPTIONS TO MURDER The law is based on the principle of reason. If the consent is not obtained freely then the other person can impose criminal liability. No women shall lie as no one can convey the truth other than who endure it. Subhashini Parihar is pursuing B.
Therefore, he was RAPE, SEXUAL AND UNNATURAL OFFENCES Rape is defined in S. Changes introduced by the Criminal Law Amendment Act, 2013 in Section 376 IPC Following the outcry produced by the Nirbhaya case, the Criminal Amendment Act of 2013 was approved, which made significant revisions to the definition and punishment of rape, which had previously been found to be insufficient. Among these, victims who do report the assaults are alleged to suffer mistreatment and humiliation from the police. How to defend: Section 376D of IPC deals with Gang rape which is a very serious charge. Absence of injury It is true that harm is not a requirement for determining whether or not rape has occurred.
Â In the State of Uttar Pradesh vs. Lakshmi and Chheddi were brothers. There is a substantial difference between rape and consensual sex, and the court must carefully consider whether the accused had a genuine desire to marry the victim, or had made a false promise to that effect solely to fulfil his libido, as the latter falls under the category of cheating or deception. State of Karnataka v. The Supreme Court held that the safety of women at workplace is a must and convicted the five accused and gave a new definition of sexual harassment. There is a proper definition of consent under the Indian Penal Code.
Rape leaves the victim in severe physical and emotional turmoil, in addition, the victims are also ignored and ostracised in society for merely being victims of something which did not even arise out of their own fault. There needs to be some political sensitivity, judicial sensitivity, special courts and training programmes to be able to control the worsening situation. No single definition can define the word rape because of its exhaustive nature. Any action taken under IPC, Cr. Opon which Asgarali held her throat and made her ingest a few tablets. . However, it has also been stated by the Supreme Court that delay in lodging FIR in rape cases may be accepted if supported by proper reasoning.
In the sessions court the accused were acquainted naming it as consensual sex. The Supreme Court also established a set of guidelines for the trial of rape cases, ensuring protection and a sense of confidence to the rape victims. Cognizance Cognizable Bail Non — Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. She was forcefully taken to the toilet and was raped by a constable Ganpat and Molested by Tukaram they had bottled the door from inside. Eskdale Stuart Anthony 2002 , the accused had challenged a sentence of nine years in jail given after pleading guilty to harassing the public by making threatening, obscene, and harmful phone calls. He pleaded unsoundness of mind.
The court reasoned that Thakorlal had enticed Mohini by giving her expensive gifts and promising her a luxurious life at his house. If a man commits sexual intercourse with the woman knowing that he is not her husband and the woman is consented because she believes him as her husband or with whom she is lawfully married. As per the Section 376 1 : Punishment for Rape This section provides for the punishment of the Rape. Mahabaleshwar Gourya Naik 1992 , it was decided that the non-availability of the victim in a rape case was to be determined to be no reason for acquittal where the victim committed suicide before the trial and was not available for examination. He thus committed extortion.
The case under Section 376D will simply be whistled by registering a First Information Report at the nearest police station to the place of occurrence. According to the court, Surti passively submitted but never gave her free consent. Is IPC 376D a cognizable offence or a non-cognizable offence? Landmark cases related to Section 376 IPC Priya Patel v. Forceful or without consent Sexual penetration by any other means; 3. According to the National Crime Record Bureau 2013 annual report, 24,923 rape cases were reported across India in 2012. We have come a long way to address this social evil and stand together in fighting it, but we still have a long way to go.
Everything happened with her consent. State of Rajasthan Pyarelal Bhargava was a Superintendent in a government department. The third and fourth defendants were found guilty under Section 376 read with Section 120-B conspiracy , notwithstanding the fact that all co-conspirators did not act in the same manner. This section provides for the trial of rape or an offence provided under section 376, 376A, 376B, 376C, or 376D of the IPC, to be conducted in front of the camera. Joint Commissioner Kiran Bed. Â Â State of Maharashtra v.