PPT for IPC

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BA LLB
(Fourth Semester)
Paper Code:038206
LAW OF CRIMES II
BA LLB
(Fourth Semester)
Paper Code:038206
LAW OF CRIMES II
Rape in Indian Law
By: Mr. Saurabh Gola
Assistant Professor
(Law)

Introduction:
Rape is a stigma which exists in the society from a long time. The
dictionary meaning of word rape is “the ravishing or violation of a
woman.” The rape victim i.e. a woman as woman cannot commit rape
due to biological reasons. She is traumatized after the event; it is very
difficult for a woman to come out of this trauma. Rape in India is a
cognizable offence. There are many provisions in various Acts.
There are many provisions in various Acts. The word rape is legally
defined u/s 375 of Indian Penal Code, 1860 . It defines the rape and also
prescribes its punishment. Whenever a man penetrates or does sexual
intercourse with a woman without her consent or will it amounts to rape.
Penetration here means that only a slightest of the touch of penis to
vagina amounts to rape, unruptured hymen of woman does not prove that
rape was not committed.

There are exceptions to it also i.e. when a man does sexual intercourse
with his wife who is above 15 years of age. The rape law under Indian
Penal Code had gone through a lot of amendments. In 1983, amendment
was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape &
S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added.
U/s 228A of Indian Penal Code, No person can disclose the name of the
rape victim and if anybody discloses the name, he shall be punished with
either description for a term which may extend to two years and shall also
be liable for fine.
U/s 114-A of Indian Evidence Act, presumption can be made as to the
absence of consent in certain prosecutions for rape.
U/s 164A of Code of Criminal Procedure, provisions for medical
examination of rape victim are given.
U/s 327(2) of Code of Criminal Procedure, there should be in camera trial
for all rape victims.

Incidence and prevalence:
South Africa has the highest per capita rate of reported rapes in the world:
119 per 100000 people, according to the UN. That compares with 30 per
100000 in the US. Analysts and women’s advocacy groups argue South
Africa’s total, including unreported rapes could be five to nine times higher
.
Police statistics show more than 50000 rapes are reported every year . In
1987 and 1991 number of cases reported were7767 and 9793
respectively. About 26% (11112) increase in number in the year 1992 –
(NCRB). There is one rape in every 54 minutes .
As observed by Justice Arjit Pasayat:
” While a murderer destroys the physical frame of the victim, a rapist
degrades and defiles the soul of a helpless female.”
Justice Krishna Iyer has observed in a very famous case of Rafiq v.
State :
“A murderer kills the body but a rapist kills the soul.”

What is Rape:
Rape under English law is defined more particularly where the law cover
all the aspect of rape. Under the Sexual Offences Act 2003, which came
into force in April 2004, rape in England and Wales was redefined from
non-consensual vaginal or anal intercourse, and is now defined as non-
consensual penile penetration of the vagina, anus or mouth of another
person. The changes also made rape punishable with a maximum
sentence of life imprisonment. Although a woman who forces a man to
have sex cannot be prosecuted for rape under English law, if she helps a
man commit a rape she can be prosecuted for the crime (see, for example,
the conviction of Claire Marsh in 2001). A woman can also be
prosecuted for causing a man to engage in sexual activity without his
consent, a crime which also carries a maximum life sentence if it
involves penetration of the mouth, anus or vagina., without that person’s
consent.

Sexual offence act, 2003 states as follows:-
Rape
(1) A person (A) commits an offence if-
(a) he intentionally penetrates the vagina, anus or mouth of another
person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all
the circumstances, including any steps A has taken to ascertain whether
B consents.
.

Rape means an unlawful intercourse done by a man with a woman
without her valid consent. (Section 375)
A man is said to commit “rape” if he has sexual intercourse with a
woman under circumstances falling under any of the six following
descriptions :-
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, by reason of unsoundness of mind or intoxication or
the administration by him personally or through another of unwholesome
substance, she is unable to understand the nature and consequences of
that to which she gives consent.
.

AMENDMENTS TO RAPE LAWS IN 1983 were
made to address mainly 3 issues :
A. Minimum Punishment in rape cases (IPC Section 376 sub section 1)
B. Special cases of rape (IPC Section 376 subsection 2 a-g )& A)
C. Marital Rape (IPC Section 376 A)
D. Abuse of official power (IPC Section 376,B,C,D)
A. MINIUM PUNISHMENT (Section 376 subsection 1 of IPC)
1. Whoever, except in the cases provided for by sub-section (2), commits
rape shall be punished with imprisonment of either description for a term
which shall not be less than seven years but which may be for life or for
a term which may extend to ten years and shall also be liable to fine
unless the woman raped is his own wife and is not under twelve years of
age, in which case, he shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or with
both.
.

Issues:
Prior to this amendment, minimum punishment wasn’t specified, hence
this is commendable, but if the judge decides that there is an adequate
reason the punishment can be reduced.
B. SPECIAL CASES OF RAPE like rape of a girl who is below twelve
years of age, rape knowing the woman to be pregnant , gang rape, and
custodial rape definitions, Specific (and sometimes increased)
Punishment in some of these cases Shift of burden of proof to defendant
from the victim in some of these cases. (Section 376 subsection 2 (a-g) of
Indian Penal Code)
.

1).Rape of a woman who is under twelve years of age [Sec.376 (2) (f)]
Issues
Unfortunately other than the increased minimum punishment from 7
years to 10 years, no other special concession is given to Child Rape
given the increased trauma for the girl. Since even the minimum
punishment can be reduced by the judges, much needs to be done in
this area.
2. Rape of a woman, knowing her to be pregnant (Sec.376 Subsection 2-
e)
Exemption from burden of proof if the victim states in court that she did
not consent, then the court shall presume that she did not consent
and the burden of proving consent shall shift to the accused
.

3).Gang Rape ( Sec.376 Subsection 2- g)
Exemption from burden of proof :
If the victim states in court that she did not consent, then the court shall
presume that she did not consent and the burden of proving consent
shall shift to the accused
4. Custodial Rape: (Sec.376 Subsection 2 a, b, c , d):
Rape committed on a woman in their or their subordinate’s custody by
a) police officer
b) public servant
c) management or the staff of a jail, remand home or other place of
custody or a women’s or children’s institution
d) management or on the staff of a hospital
.

Conclusion:
Severe and certain punishment in a time bound manner, of the rapists
has some deterrent value. Arrest alone may not constitute a strong
societal response. Lengthy prison sentences have some behavior-
altering deterrent values. Many well-known jurists and public men
have advocated capital punishment for the criminals who commit
rape as it is an offence worse than murder so far as its impact is
concerned. Still there is need for amending the anomaly related to
the age of consent, and of wife in accordance with the Marriage Act
in India.
.

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