IPC 376D is a section of the Indian Penal Code that deals with punishment for the offense of rape of a woman by her husband. The provision was introduced in the Indian Penal Code in 1983, with the amendment of the Criminal Law (Second Amendment) Act, 1983. Prior to this, the offense of rape was not considered a crime if it was committed by a husband against his wife.
Rape is a heinous crime that violates the bodily integrity and dignity of a woman. It is a form of sexual violence that can have long-lasting psychological and physical effects on the victim. The provision of IPC 376D recognizes that marital rape is a serious offense and provides for stringent punishment for the same.
According to IPC 376D, the punishment for the offense of rape of a woman by her husband is imprisonment for a term not less than two years but which may extend to seven years, and shall also be liable to fine. The provision also states that if the husband is found guilty of committing rape on his wife more than once, the punishment shall be imprisonment for a term not less than seven years but which may extend to life imprisonment, and shall also be liable to fine.
It is important to note that the provision of IPC 376D applies only to the rape of a woman by her husband. If a man commits rape on a woman who is not his wife, the punishment is much more severe, with the minimum punishment being imprisonment for a term not less than seven years and the maximum being life imprisonment.
The provision of IPC 376D has been widely welcomed as it provides justice to women who are victims of marital rape. Marital rape is a serious issue in India, and the provision of IPC 376D is a step towards acknowledging and addressing this issue. However, the provision has also been criticized for not going far enough in protecting the rights of women. There have been calls for the provision to be amended to provide for harsher punishment for the offense of marital rape, and for the provision to apply to all forms of sexual violence within marriage.
In conclusion, IPC 376D is a provision in the Indian Penal Code that provides for punishment for the offense of rape of a woman by her husband. While the provision is a step towards acknowledging and addressing the issue of marital rape in India, there is still a need for further amendments to provide stronger protection for the rights of women and to ensure that justice is served.
IPC Section 376D
As already observed, the relations between the prosecutrix and her husband and his family members are not cordial and litigations are pending between them. Retrieved 8 March 2022. Rakesh Kumar Rampuri, Metropolitan Magistrate, Tis Hazari Courts, Delhi and the said Magistrate called a report and from the said report it was revealed that the complaint made by the prosecutrix was false. Retrieved 8 March 2022. . The accused is no more required for investigation purpose. It is further submitted by the learned Additional Public Prosecutor that keeping in view the gravity of allegations against the accused and the status of the investigation, the application may be dismissed.
Retrieved 8 March 2022. Retrieved 8 March 2022. File be sent to records. Reply to the application is filed. Will she be able to find the informer? The prosecutrix requested the police to register an FIR. Retrieved 8 March 2022. As per the FIR and the statement of the prosecutrix the offences were committed on 05.
Will she be able to find the informer? The prosecutrix further informed the police that she accompanied them and, on the way, her Nanad Asha also joined them. It is further submitted by counsel for the accused that the relations between the prosecutrix and her husband are estranged and prior to the registration of the present case at police station Ambedkar Nagar the prosecutrix made a complaint before Sh. From the documents produced before the court it has revealed that another FIR bearing no. Retrieved 8 March 2022. Retrieved 8 March 2022.
In the facts and circumstances of the case, no useful purpose will be served by keeping the accused in jail. It is further submitted by counsel for the accused that the accused is no more required for the investigation and as no useful purpose will be served by keeping the accused in jail, therefore, the application may be allowed and the accused may be released on bail. From the documents produced before the court it has also emerged that another complaint was made by the prosecutrix De learned Metropolitan Magistrate at Tis Hazari Courts, Delhi, where a report was filed absolving the accused and other persons. It is further submitted by counsel for the accused that subsequently, the prosecutrix made similar complaint before the SHO, police station Ambedkar Nagar as a result of which the accused was arrested and he has been in jail. Retrieved 8 March 2022.
Per contra, it is submitted by the learned Additional Public Prosecutor, who is assisted by the IO of the case, that there are serious allegations against the accused and the other accused persons are yet to be arrested. Retrieved 8 March 2022. After registration of the FIR, on 22. Ajay Kumar Jain, the learned Additional Sessions Judge, South, Saket, New Delhi an order of anticipatory bail has already been passed. Retrieved 8 March 2022— via www. Retrieved 8 March 2022. Retrieved 8 March 2022— via www.
Retrieved 8 March 2022. In these circumstances, the application is allowed and it is directed that accused Brij Mohan Birju be released on bail in case FIR No. Retrieved 8 March 2022. The plot revolves around a police inspector and an unknown informer who conveys about future murders in a mysterious way. There is no explanation as to why there is delay in registration of the FIR. Will she be able to find the informer? An application for bail under section 439 of Cr.
Having drawn my attention on the contents of the application and the documents filed along with the same it is submitted by counsel for the accused that the accused is the Nandoi of the prosecutrix and he has been falsely implicated in the present case. Their depth of specialization is combined with breadth of experience and a keen commercial focus. We are certified, bonded, authorised, professional, experienced and reliable Law Firm, Serving in Kolkata Area since 1984. Retrieved 8 March 2022. Retrieved 8 March 2022. IPC 376 is based on the Indian penal code section for rape crime. As per the police file, on 21.
The prosecutrix further informed the police that subsequently the said three persons took her to a building at Chandni Chowk, where Pepsi and Samosa were served to her and after consuming them, she became unconscious and when she came to her senses it was discovered that she was ravished by Manoj and Birju and they had also taken her photographs in nude condition. Related Post: We are certified, bonded, authorised, professional, experienced and reliable Law Firm, Serving in Kolkata Area since 1984. We have a team of independent professionals with domain expertise in diverse legal matters exhibiting proven competence and integrity with a unique combination of local insights and global perspectives. It is further submitted by counsel for the accused that the offence was allegedly committed on 05. The plot revolves around a police inspector and an unknown informer who conveys about future murders in a mysterious way.
Team Law House adopts the highest standards of professionalism. Retrieved 8 March 2022. I have given my thoughtful consideration to the submissions made on behalf of the parties. The mobile phone of the accused has already been seized and his potency test has also been got conducted. It is further submitted by counsel for the accused that the prosecutrix also falsely implicated the accused in another case bearing FIR no.
Description of IPC Section 376D According to section 376D of Indian penal code, Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person? The plot revolves around a police inspector and an unknown informer who conveys about future murders in a mysterious way. Retrieved 8 March 2022. The original order is attached hereto:. Retrieved 8 March 2022. . I have done some deed and affidavits from law house. The prosecutrix informed the police that she got married with Bunty on 06.
