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Section 376 of the Indian Penal Code (IPC) deals with the offense of rape. Rape is defined as a sexual act committed against a person without their consent, or with their consent obtained through force or intimidation. It is a serious crime that is punishable with imprisonment for a term of not less than seven years, but which may extend to life imprisonment.
Under section 376 of the IPC, the consent of the victim is a key element in determining whether an act constitutes rape. Consent must be given freely and voluntarily, without any force or coercion. If the victim was unable to give consent due to being unconscious, intoxicated, or mentally incapacitated, the act would be considered rape.
The IPC also recognizes certain situations in which consent is deemed to be absent, even if the victim has not explicitly resisted the act. These include situations where the victim is a minor, where the victim is in a position of authority or trust with respect to the offender (such as a teacher or a doctor), or where the victim is married to the offender.
In addition to the offense of rape, section 376 of the IPC also includes provisions for the offenses of gang rape and repeat offenses. Gang rape is defined as the commission of a sexual act by two or more persons in furtherance of common intention, while repeat offenses refer to cases where the offender has previously been convicted of rape. Both of these offenses are punishable with imprisonment for a term of not less than ten years, which may extend to life imprisonment.
Rape is a serious crime that has far-reaching consequences for the victim, both physical and emotional. It is important that the law takes a strong stance against this offense and provides adequate protection and support for victims. The provisions of section 376 of the IPC serve as a deterrent to potential offenders and help to ensure that justice is served in cases of rape.
SECTION 376, IPC
When it comes to the strict interpretation of the penal statutes, it is very important to interpret them as stated and stick to the ambit that has been provided. I bet India has two times as many alleged rape instances. These, however, are the registered numbers. If the woman raped as his own wife and is not below the age of 12 years, the punishment may extend to two years imprisonment or with fine or with both. Conclusion Many incidences go unreported because the victims are afraid of social stigma. P AIR 2006 SC 2639 , women can not commit the offense of rape but if she facilitated the act of rape with a group of people then she can be prosecuted for Gang Rape.
According to Section 376 1 Indian penal code,1860 the punishment for rape shall not be less than seven years but may extend to life imprisonment or a term which may extend to ten years and shall also be liable to fine. Conclusion Rape is one of the most heinous crimes committed on women all across the globe. Vishakha v state of Rajasthan- A social worker claimed that she was gang raped when she tried to stop child marriage. Section 376 provides the punishment for rape which is defined under section 375. Gurmit Singh 1996 Facts of the case The girl in this Judgment of the Court The Court found the three of them guilty of rape under Section 376 of the Indian Penal Code since she did not readily consent to the act.
At every turn, from police stations to courtrooms, victims are subjected to harassment. He was charged under Sec. It all depends upon the facts of the case and on the view of the judge hearing the case. The additional session judge sentenced the accused to ten years of rigorous imprisonment along with a fine. Under these instances, sexual intercourse means the same thing as it does in Section 375 clauses a to d. Sexual intercourse by the husband without her agreement is punishable under this Section when the woman lives separately from her husband under a judicial separation decision.
The Nirbhaya Case - the woman was gang raped by five men including a minor on a moving bus. LLB, Government Law College, Trivandrum. Our society significantly contributes to creating obstacles to getting justice. Hence, even if a woman commits the crime of raping a man or a woman, she will not be convicted under Section 376. Clause 2 of Section 376 has subclauses a to g which provide punishment for aggravated forms of rape such as custodial rape, rape on a pregnant woman, gang rape, rape by a police officer, or by a public servant, etc.
B a final year student at UPES Dehradun. As a result, we see that strict legislation is essential to safeguard women from outsiders as well as family members. Gang rape occurs when a woman is raped by multiple people who all have the same aim to rape her. Therefore, a woman cannot commit rape. The minimum punishment will be 20 years, extending to Life Imprisonment or Death Penalty. Section 376B of IPC This Section outlines the consequences of a husband having sexual relations with his wife when separated.
ANALYSIS According to the Court, the former understanding needs to be used rather than accepting the general explanation and definition provided in the statute, even though it interprets the concept of consent from section According to Thus, the Court came to the conclusion that the accused was unaware of the fact that consent was given under fear and thus it does not qualify for consent. Section 376 provides punishment for the heinous crime of rape, as defined under Section 375 of IPC. Puja , BBA LL. Sexual intercourse in these situations will not be considered rape, but will result in a sentence of not less than 5 years, with the possibility of a 10-year sentence and a fine. It is a non-bailable and cognizable offence that can be tried in the Court of Session. Marital rape is another issue that our legislators continue to overlook, and unfortunately, none of these Amendment Acts have recognised it as a crime.
However, because of such cases and judgements only will there be a place and scope for the betterment and improvement in the laws which are related to rape. Cognizance Cognizable Bail Non — Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. Punishment for gang rape on woman under sixteen years of age. Thus punishment for the offence of rape is specifically stated in section 376 of IPC. The driver, together with five other passengers, including a 17-year-old juvenile, committed a brutal sexual assault. The Criminal Law Amendment Act of 2013 was enforced on April 2, 2013, to increase jail terms in most sexual assault cases and created new offences such as the criminal force on a woman with intent to disrobe, stalking and voyeurism. The effects of rape can include both physical as well as psychological trauma.
The LawFoyer aims to become a platform for the sharing of ideas, opinions, views, updates, and content on the legal system. The punishment for committing rape is rigorous imprisonment for ten years which may extend to Life Imprisonment and a fine. Further, the accused who was a minor was sent to a reform facility for three years. The punishment is a minimum of ten years in jail, with the possibility of life imprisonment i. Cognizance Cognizable on complaint of the Victim Bail Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. Also, even if the incident had taken place without the consent of the prosecutrix, it was unclear whether the accused understood the lack of consent.
