RAPE- Section 375 of IPC

“It’s Difficult to Forget. It’s Worse to Remember.” Women don’t want your “empowerment,” but they do require dignity and safety in society. Anyone who is performing or has committed rape should not be regarded a juvenile since his actions reveal his true mindset or maturity, and he should be penalized because he has done a horrific act against nature.

Section 375 deals with the rape cases in India. according to section 375 “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.” Rape is said to have been committed when a man has sexual intercourse with a woman: 

Despite her protests.

Without her permission.

With her consent, when her consent was acquired by placing her or anybody she cares about in danger of death or harm.

With her permission, when the guy is aware that he is not her husband and that she is giving her consent because she believes he is another man to whom she is or believes she is lawfully married.

With her permission, if she is unable to appreciate the nature and consequences of that to which she consents due to insanity, drunkenness, or the administration by him directly or via another of any stupefying or unwholesome substance at the moment of giving such consent.

When she is under the age of sixteen, with or without her permission. Explanation: Penetration alone is enough to constitute the sexual intercourse required for rape.

Despite this, the Court has narrowed the definition of rape to non-consensual penial-vaginal penetration. While passing the verdict, the court failed to consider gay rape, anal sex, or other forms of penetration.Rape is one of the most terrible crimes that a person can do. It is not only a horrible act, but also a shame to humanity as a species.  It is a rape that typically includes sex with an individual without their assent or consent.

Prior to the Nirbhaya Case, Indian statutes considered only penile-vaginal intercourse to be rape, and forceful penetration of any foreign item into the vagina, mouth, or anal was not included. Because of the law’s silence, many accused persons have walked free even after committing such horrific acts. Following this instance, the term was expanded to include the forceful inclusion of foreign objects under the concept of rape.

Rape is punishable under Section 376 of the Indian Penal Code. As stated in this section, rape shall be punishable by a period of imprisonment of at least 7 years, with the possibility of life imprisonment based on current facts and circumstances. In more serious cases, the sentence will be complete incarceration for at least 10 years, with the possibility of life imprisonment. Along with being imprisoned, the prisoner may also have to pay a fine.

In cases like the Nirbhaya Rape Crime, where murder occurs after a rape and the case is so heinous in nature that it qualifies as the rarest of rare, death punishment is the only option.

The definition of rape under the IPC is quite narrow, and it has been established that a man’s single forceful vaginal penetration constitutes rape. In this vein, our laws state that males can never be raped and women can never be charged with rape.

With the increasing number of rape incidents being reported in India on a regular basis, the question of women’s safety in India is no longer relevant. In India, not a single day goes by without a case involving the rape of a woman being heard. India is a country of billions, with women accounting for 48% of the population, but it is still a hazardous place for women. There is no public safety. Women who drink, smoke, or go out late at night partying are considered immoral by the majority of Indian society, and are used as justifications for rape. If the whole population believes and approves of the mentality that leads to rape, then women in India are certainly untrustworthy in public places. Accusing someone of wearing provocative clothing In some sense, the Indian society expects the victims to have attained such status through their clothes. This was demonstrated in an Indian survey of judges, when 68 percent of respondents agreed on a similar issue. Cruel, but real. Encouragement of Rape Victims to Negotiate None of the Indian families are willing to admit that someone in their family has been raped, and they routinely urge victims to escape the chaos that follows rape at the police station. This is the primary reason why a high percentage of rapes in India are unregistered.

Because the sanctions are excessively light for such a horrific act, it has failed to deter the crime. Rape is becoming more common in India every day, with the majority of cases being undetected. It is critical to educate the general population on the importance of viewing their legal rights as duties and to raise awareness. The existing rape laws in our nation require significant revisions and enhancements. The law must evolve to meet the demands of society.

The main factor that will result in a reduction in the number of rape cases is raising the boys directly from birth. The problem with Indian society is that whenever rape occurs, only the victim is addressed, not the perpetrator. The victim is subjected to innumerable questions from the general public and is occasionally blamed for the rape herself. Even when it comes to rape, the laws are gender-biased. As a result, everyone should value the act of informing and educating the general people about what is acceptable and what is not, because they are the ones who will make the difference in the future.

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