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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.
HC rules, Section 376 and 376
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. She died after struggling for two weeks in the hospital. The use of any materials or services or software is not a substitute for legal advice. It consists of three subsections and five sub-parts. Punishment for gang rape on woman under sixteen years of age.
This incident brought the 2013 criminal law amendment. Puja , BBA LL. The medical examination produces a lot of substantial evidence related to the crime, and hence the victim has more evidence to present in the court of law. Section 375 to 376D 375, 376A, 376B, 376C, 376D of Indian Penal Code 1860 includes the definition of rape and punishments for committing these crimes. 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. You can click on this link and join: Follow us on. Offence Punishment Cognizance Bail Triable By Rape Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine Cognizable Non-bailable Court of Session Rape by a person who is a relative or who holds an authoritative position or a position of trust towards the person raped such as by a public servant as defined under section 21 of IPC or a police officer, or a member of the armed forces or by someone wh Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine Cognizable Non-bailable Court of Session Persons committing offence of rape on a woman under sixteen years of age.
Though it was argued that the case did not fit under the rarest of rare cases, the Supreme Court rejected this argument and sentenced the convicts to death. With this, many of the fundamentally accepted interpretations of the statue were blatantly disregarded. The mischief and the literal rule also have an operation in this judgement. Cognizance Cognizable Bail Non — Bailable Trial Sessions Court Compoundability Under Section 320 of Cr. As rape is considered a very grievous offense under the law so the chances of getting relief of anticipatory bail usually are very less. The convict shall also be ordered to pay a fine. This clause punishes a man who commits an act against a woman that results in her being injured, going into a vegetative state, or dying.
Visit Rest The Case's Author: Jinal Vyas. The court addressed this issue in the case of Priya Patel vs State of M. Nirbhaya, a 23-year-old girl, was waiting for a bus late at night with a companion. For rape of a female over the age of 16, the minimum sentence is ten years in jail. Landmark Judgments on Section 376 IPC Shakti Mills case - In the Shakthi Mills Case, the Bombay High Court issued a ruling last month supporting the constitutionality of Section 376E of the Indian Penal Code, which allows for the imposition of a life sentence or the death penalty upon a second conviction for rape. The many amendments attempted to bring about significant reforms in the country, but their implementation on the ground has been poor.
Only a legal practitioner can provide legal advice and a legal practitioner should be consulted for any legal advice or matter. Criminal Law Amendment Act, 2018 This Act came into force on the 21 stof April 2018. But the judgement given by the Court was unfair as the Court disregarded the mischief rule of interpretation as he agreed with the very stereotype and tried drawing a relation with the prosecutrix. 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. RULES The rules of interpretation have a bearing on the present case and fall under the broad overview of strict interpretations of penal statutes, which is an accepted principle when it comes to offences that are criminal in nature. The Act also provided for the death penalty in rape cases that caused the death of the victim or left her in a vegetative state and increased the punishment for gang rape to a minimum punishment of 20 years of jail term and maximum punishment of life imprisonment from the earlier minimum punishment of 10 years to maximum punishment life imprisonment.
The Court explained that, while there are numerous forms of sexual abuse that are horrific in character, not every sexual offence can be termed rape. It can be obtained by the victim of family members for free. The literal rule interprets that the words and phrases in a statute must be given their most common meaning, i. Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine Cognizable Non-bailable Court of Session Offence Rape Punishment Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine Cognizance Cognizable Bail Non-bailable Triable By Court of Session Offence Rape by a person who is a relative or who holds an authoritative position or a position of trust towards the person raped such as by a public servant as defined under section 21 of IPC or a police officer, or a member of the armed forces or by someone wh Punishment Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine Cognizance Cognizable Bail Non-bailable Triable By Court of Session Offence Persons committing offence of rape on a woman under sixteen years of age. The punishment for committing rape is rigorous imprisonment for ten years which may extend to Life Imprisonment and a fine.
And submission is not the same as consent, which can be based on fear, tainted by duress, or hindered by mental retardation. Every stage of the victims' battle for justice, from the poor healthcare system to the criminal enforcement system, adds to their agony. It is time that we put an end to this rape culture and demand justice for the victims. Those 6 members beat up a friend who sought to defend Nirbhaya from such violent conduct. The minimum jail term for rape, which had remained unchanged since the IPC introduction in 1860, was increased from seven to ten years. The judge shall only grant bail to the accused if he deems it fit for the case. Is rape gender-neutral, or Can men be raped too? The punishment is a period of not less than 10 years which may extend to imprisonment for life i.
Ans: A wife cannot file a case against her husband under section 376 IPC because marital rape is not an offense under Indian laws. Section 376 reads as, Whoever, except provided by sub-section 2 , commits rape to be punished with imprisonment of either description for a term not less than seven years and maybe for life or for ten years and with fine unless the victim is his own wife and is not below twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the decision, imposing imprisonment for a term of fewer than seven years. Section 376C of IPC Sexual intercourse by a person in power is punishable under this Section. Section 376B of IPC This Section outlines the consequences of a husband having sexual relations with his wife when separated. 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. Punishment for causing death or resulting in persistent vegetative state of victim.
