The document discusses rape under Indian law. It defines rape and the different types of rape offenses covered such as custodial rape, gang rape, marital rape, and rape of minors. It outlines the sections of the Indian Penal Code that define and prescribe punishment for rape and related crimes. It also summarizes some prominent court cases related to rape that helped shape interpretations of the law, such as the Mathura rape case, the 2012 Delhi gang rape case, and the Aruna Shanbaug case.

1. Subject: Indian Penal Code 1860
Topic: Rape

2. Introduction
The word 'rape' is derived from the Latin term ‘rapio’ which means 'forcible
seizure. 'Sexual intercourse with a woman by a man without her consent and
chiefly by force or deception is generally known as rape. It may also be
described as forcible carnal knowledge of a woman without her consent.
Rape is many things. It is an instrument of torture. Rape is the means of
proving masculinity. To some feminist rape is a mental perversion, a
psychological assault, a symbol of masculine power or dominance, the
ultimate violation of women's self. It is also considered as the invasion upon a
woman's physical or bodily privacy and outrageous to the dignity of a
woman. Some contemporary feminist critiques of law perceive rape as an
extension of the patriarchal control over female.

3. SECTION 375 - A man is said 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 to
do so with him or any other person; or
(b) Inserts , to any extent, any objects or a part of a body, not being the penis , into the vagina , urethra ,
anus or any part of body of a woman or makes her to 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 body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other
person, under the circumstances falling under any of the following seven descriptions

4. 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.

5. Types of Rape
Custodial Rape [section 376 C]
Sexual intercourse by a person with a woman who is under his custody is known as custodial
rape. The present law covers following four kinds of custodial rape;
• In a position of authority or in a fiduciary relationship ; or
• a public servant; or
• superintendent or manager of a jail, remand home or other place of custody established by
or under any law for the time being in force or a women’s or children’s institution; or
• on the management of hospital or being on the staff of a hospital.
Abuses such position or fiduciary relationship to induce or seduce any woman either in his
custody or under his charge or present in the premises to have sexual intercourse with him,
such sexual intercourse not amounting to the offence of rape.
The person guilty of custodial rape shall be punished with rigorous imprisonment for a term
which shall not be less than five years but, which may extent to ten years and shall also be
liable to fine.

6. Gang Rape [section 376 D]
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’s natural life, and with fine;
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim;
Provided further that any fine imposed under this section shall be paid to the victim.
Marital Rape
Marital rape is one of the most misunderstood crimes. lt has received relatively little attention
from the criminal justice system and larger society as a whole. The term 'marital rape' refers
to unwanted intercourse by a man on his wife obtained by force, threat of force or physical
violence or when she is unable to give consent. The words 'unwanted intercourse' refers to all
sorts of penetration whether anal, vaginal or oral, perpetrated against her will without her
consent.

7. Section- 376 (Punishment for Rape)
Whosoever, except in the cases provided for in sub-section (2), commits
rape, shall be punished with rigorous imprisonment of either description for a term which shall not be
less than ten years but which may extended to imprisonment for life, and shall also be liable to fine.
Whosoever, commits rape, which are under the cases provided in
sub-section (2), shall be punished with rigorous imprisonment for a
term which shall not be less than ten years, but which may extend to
imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.
.

8. Section- 376-A (Punishment for causing death or
resulting in persistent vegetative state of victim)
Whosoever, commits an offence punishable under sub-section (1) or sub-section (2)
of section 376 and in the course of such commission inflicts an injury which causes
the death of the woman or causes the woman to be in a persistent vegetative state,
shall be punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, or with death.
Section- 376-AB (Punishment for rape on woman under
twelve years of age)
Whosoever, commits rape on a woman under twelve years of age shall be punished
with rigorous imprisonment for a term which shall not be less than twenty years, but
which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and with fine or with death.

9. Section- 376- B (Sexual intercourse by husband upon his
wife during separation)
Who ever has sexual intercourse with his own wife, who is living separately,
whether under a decree of separation or otherwise, without her consent, shall be
punished with imprisonment of either description for a term which shall not be less
than two years but which may extend to seven years, and shall also be liable to fine.
Section- 376- DA (Punishment for gang rape on woman
under sixteen years of age)
Where a woman under sixteen years of age 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 imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and with fine.

10. Section-376- DB (Punishment for gang rape on
woman under twelve years of age)
Where a woman under twelve years of age 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 imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and with fine, or with death.
Section- 376- E ( Punishment for repeat offenders)
Whosoever has been previously convicted of an offence punishable under section
376 or section 376- A or (section 376- AB or section 376- D or section- DA or
section 376- DB) and is subsequently convicted of an offence punishable under any
of the said sections shall be punished with imprisonment for life which shall mean
imprisonment for the remainder of that person’s natural life, or with death.

11. CASE LAWS
The Public Prosecutor vs Yejjala Ramaswamy on 6 August, 2004
wherein the accused was acquitted. The accused raped a pregnant midwife in her home, in
the medico-legal certificate, it was recorded that the vagina admitted two fingers, and also
confirmed the presence of the spermatozoa and certified that the victims was five months
pregnant at that time. The certificate stated that the victim was habituated to sexual
intercourse. The court held that the medical evidence does not show any injuries either on the
private parts or notable injuries worth mentioning on the person of the victim to suggest the
offering of resistance in any way during the alleged act of having sexual intercourse.
Tuka Ram And Anr vs State Of Maharashtra on 15 September, 1978
The Mathura rape case is a landmark case in the history of Indian women’s rights movement. In
1972, a tribal girl named Mathura was raped by two policemen in the Chandrapur district of
Maharashtra. Initially the policemen were acquitted by the sessions court as the girl was said to
have been “habituated to sexual intercourse”.

13. Delhi gang rape of 2012. mukesh & anr. V state for NCT of Delhi & Ors
A physiotherapy intern was raped by 6 men while she was travelling in a bus with her friend in New
Delhi. She was brutally raped and injured by inserting an iron rod in her vagina and later died due to
her injuries. 1 of the accused was treated as a minor and given a sentence of 3 years in a reform
facility, the main accused Ram Singh allegedly committed suicide while in police custody and the
remaining 3 accused have been sentenced to death by hanging. The Supreme Court upheld the
death penalty awarded to three convicts Mukesh (29), Pawan Gupta (22) and Vinay Sharma (23).
Mumbai gang rape/ Shakti Mills gang rape
the Mumbai gang rape of 22 year old photojournalist in a city that was thought to be very safe
for women. This case caused a lot of outcry from the public and media alike as questions were
raised about the rape epidemic which seems to be getting worse than ever before. While on
assignment in a secluded area with her male coworker she was attacked by 5 men who asked
the male journalist to join in the rape and when he refused he was tied and beaten up .

14. Aruna Ramchandra Shanbaug vs Union Of India &Ors on 7 March, 2011
One of the oldest cases of rape that was widely covered by the media was the 1973 case of nurse Aruna
Shanbaug. She was raped by a contracted sweeper, Sohanlal Bhartha Walmiki while working as a junior nurse
at KEM Hospital in Mumbai. As a result of the assault during which Sohanlal choked her with a dog chain,
Aruna has been in a vegetative state for the last 40 years. Her euthanasia plea was rejected by the supreme
court in 2011 but the landmark judgment was made to allow passive euthanasia in India.
Deelip Singh @ Dilip Kumar vs State Of Bihar on 3 November, 2004
State Of Madhya Pradesh vs Balu on 5 November, 2004
Madan Lal vs State Of Jammu And Kashmir on 6 August, 1997
Narayanamma vs State Of Karnataka on 31 August, 1994
Moijullah @ Puttan vs State Of Rajasthan on 19 December, 2003