Section 375- Rape
Section 375 IPC as defined under the code states as:
A man is said to commit to commit “rape” if he-
(a). Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person; or
(b). Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person; or
(c). Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of the body of such woman or makes her do so with him or any other person; or
(d). Applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person,
Under the circumstances falling under any of the following seven descriptions: -
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First- Against her will
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Secondly- Without her consent
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Thirdly- 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.
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Fourthly- 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.
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Fifthly- With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
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Sixthly- With or without her consent, when she is under eighteen years of age.
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Seventhly- When she is unable to communicate consent.
Explanation 1.- For the purpose of this section, “vagina” shall also include labia majora.
Explanation 2.- Consent means an unequivocal voluntary agreement when the woman by words, gestures or any other form of verbal or non-verbal communication, communicates the willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist the act of penetration shall not by the reason only of the fact, be regarded as consenting to the sexual activity.
Exception 1.- A medical procedure or intervention shall not constitute rape.
Exception 2.- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
The word ‘Rape’ as defined under section 375 Indian Penal Code is derived from the Latin term ‘rapio’ which means to seize. Rape ultimately means as the ravishment of the woman by force against her will by using the methods of force, fear, or fraud. Rape is a violation, an outrage by all means.
The definition of Rape is provided under sec 375 of the Indian Penal Code whereas, section 376 duly prescribes punishment for committing the offence of rape.
The offence of rape requires both mens rea and actus reus and he knows that the woman does not consent to the intercourse. A man is said to commit the offence of rape if he falls under any of the seven circumstances mentioned in IPC 375.
Other severe categories of rape and their punishment are also defined in the other sections such as section 376 A, 376 B, 376 C, 376 D and 376 E.
Also, it is clear that Rape cases are Non-bailable and cognizable offence which are triable by Court of sessions.
