UNDERSTANDING SECTION 3

UNDERSTANDING SECTION 375

 

UNDERSTANDING SECTION 375 OF IPC

                                                                           BY ASHWIN SINGH

Section 375 of the Indian Penal Code defines rape as “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.”

 

It’s rape if it falls under following categories:

 

1. Against her will.

 

2. Without her consent.

 

3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

 

4. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

 

5. With her consent, when, at the time of giving such a consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

 

6. With or without her consent, when she is under sixteen years of age. Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

 

Consent under Section 375

 

Consent is defined as clear, voluntary communication that the woman gives for a certain sexual act. Marital rape is an exception to giving consent as it is not a crime under the Indian Penal Code, as long as the woman is above 18 years of age.

 

Exceptions to Section 375

 

Sexual intercourse by a man with his own wife who is above the age of 18, is not sexual assault.

 

Amendment to Section 375 of IPC

 

The Criminal Law (Amendment) Act, 2013 or the Nirbhaya Act, was passed in Parliament to amend Section 375. To remove ambiguity in the earlier law and provide for strict punishment in cases of rarest cases of sexual violence, the legislation was expanded to define acts like penetration of penis into vagina, urethra, anus or mouth, or any object or any part of body to any extent into the aforesaid woman body parts (or making another person do so), as constituting an offence of sexual assault. Applying mouth or touching private parts were also classified as offences of sexual assault.

 

Punishment

 

Except in certain aggravated situations, the punishment will be imprisonment of not less than seven years but it may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life, and shall also be liable to fine.

 

Leave a Reply

Articles

Troy Aikman CBD Gummies (Scam Exposed) Ingredients and Side Effects

Troy Aikman CBD Gummies are a reasonable extraordinary and hearty course of activity. They incorporate present day and standard adornments to address or fix logical issues. You need to kill the cannabinoids from the plant with exorbitant mindfulness. It very well might be joined with first rate trimmings to make it extra enormous and taste […]

Read More
Articles

#1 Shark-Tank-Official Sweet Relief CBD Gummies – FDA-Approved

Sweet Relief CBD Gummies are packed with clean and natural active ingredients to keep the human body healthy and stimulated for normal functions, as well as to reduce pain and discomfort caused by problems. This pure and organic CBD supplement removes many impurities from the human body as well as allows the human body to do […]

Read More
Articles

Ignite Amazonian Sunrise Drops #1 Premium Fast Fat Melting Morning Diet Exposed Or Know Reality About This Formula(REAL OR HOAX)

Ignite Amazonian Sunrise Drops Brand – Ignite Amazonian Sunrise Drops Product Benefits – Fat And Weight Lose, Increase Energy Side Effects – No Major Side Effects, (100% Natural) Supplement Form – Drops Availability – Online Customer Reviews – 5/5 Price – Visit Official Website Refund Policy – 30-Day Money-Back Policy Free Shipping On All Orders    […]

Read More