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Relevant Offences: Rape and Unnatural Offences under the Penal Code
Relevant Offences: Rape and Unnatural Offences under the Penal Code
Rape: A rapist not only violates the victim’s personal integrity but leaves indelible marks on the very soul of the helpless female. Rape means forcible ravishment of a woman without her consent or against her will. Under the circumstances falling under any of the following seven descriptions
- Against her will.
- Without her consent.
- 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.
- 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.
- 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 any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.
- With or without her consent, when she is under eighteen years of age.
- When she is unable to communicate consent.
An act is done ‘against a woman’s will’ when she is in full possession of her senses and reason, is aware of what is being done and objects or resists. The expression ‘without her consent’ implies that the woman is incapable of knowing the nature of the act and thus legally unable to give rational consent or being aware of its nature.
Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act. When a woman of 18 years of age or above gives her full consent to a man for sexual intercourse, then the subsequent withdrawal of consent during the sexual
Section 376 provides punishment for committing the heinous crime of rape. This section is divided into two sub-sections. Section 376(1) provides a minimum sentence of seven years of imprisonment that may extend to life imprisonment and fine. Section 376(2) provides punishment not less than ten years of imprisonment but may extend to imprisonment for life or death or fine if rape has been committed by the following persons:
- being a police officer, commits rape, within the limits of the police station to which such police officer is appointed or in the premises of any station house or on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
- being a public servant commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
- being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
- being on the management or on the staff of a jail, remand home or other places of custody established by or under any law for the time being in force or of a women’s or children’s institution commits rape on any inmate of such jail, remand home, place or institution; or
- being on the management or on the staff of a hospital commits rape on a woman in that hospital; or
- being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
- commits rape during communal or sectarian violence; or
- commits rape on a woman knowing her to be pregnant; or
- commits rape, on a woman incapable of giving consent; or
- being in a position of control or dominance over a woman commits rape on such woman; or
- commits rape on a woman suffering from mental or physical disability; or
- while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
- commits rape repeatedly on the same woman
- commits rape with a girl with or without her consent who is below eighteen years of age
Section 377 states that ‘Whoever voluntarily has carnal interÂcourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine’.
It punishes unnatural offenses like sodomy, bestiality (sexual intercourse with an animal), and buggery. Consent is immaterial in this section.
Last modified: Sunday, 28 June 2020, 11:23 PM