The document outlines the legal framework surrounding sexual offences in India, particularly focusing on the definition of rape under Section 375 and associated punishments under Section 376. It discusses changes made after the 1983 amendment, including provisions related to custodial rape and the nuances of consent. Additionally, it highlights important case laws and clarifies distinctions between consent and submission, emphasizing the victim's rights and protections in legal proceedings.

1. Sexual Offences
Prof. Dr. Mukund Sarda
Bharati Vidyapeeth Deemed University
New Law College, Pune

2. Sexual Offences
• Rape and unnatural offences
• Sec 375 – 376 deals with rape
• Sexual intercourse not amounting to rape
• 376 A , B , C, D
• Unnatural offences – 377
• Sec 375 defines rape, 376 (i) deals with
punishment and 376(ii) deals with custodial
rape
• Law relating to rape changed drastically after
1983 amendment
Prof. Dr. Mukund Sarda

3. Rape – Sec 375
• Definition : - A man is said to commit rape who except
in the cases of exceptions, has sexual intercourse with
a woman under following circumstances
• Against her will
• Without her consent
• With her consent obtained by putting her or any
person in whom she is interested in fear of death or
hurt
• With her consent when the man knows he is not her
husband and she gives consent because she believes so
Prof. Dr. Mukund Sarda

4. • With her consent when the consent is given
because of unsoundness of mind or
intoxication
• With or without her consent when she is
under sixteen years of age
• Exceptions : sexual intercourse by a man with
his own wife, wife not being under fifteen
years of age
Prof. Dr. Mukund Sarda

5. Punishment – 376 (i)
• Minimum seven years or maximum life
• In case of wife 2 years or fine if she in not below
12
• The word rape is derived from Latin term rapio
means forcible seizure or ravishment
• Violation of private person of a woman an
outrage by all means
• Case laws: Mathura (tukaram v state of maha)
• R v williams
Prof. Dr. Mukund Sarda

6. Essentials of rape
Against her will Without her consent Free consent
•Will implies the faculty of reasoning power of mind that determines
whether to do an act or not
•Against will includes without consent vice versa is not true
•Consent is meeting of minds of two or more person on the same thing in
the same sense at the same time
•Consent and free consent are different
•Consent and submission is different
•Active consent and passive consent
Prof. Dr. Mukund Sarda

7. Mathura and effect of mathura
• Consent if of two types – active and passive
• If no body marks and shouting and if the act
was peaceful it means it was with consent-
hence no rape
• Judgment of the supreme court criticized
• Supreme court refused to change the decision
• law was amended in 1983
Prof. Dr. Mukund Sarda

8. 1983 Law and The Changes
• Sec 376 (ii) was added:
• Whoever being police officer commits rape
• With limits of police station, in the premises or in
the custody – custodial rape
• Rape by staff of management or staff of
jail,hospital
• Rape on a pregnant woman
• Rape under woman of twelve years of age
• Gang rape – punishment is minimum 10 years
maximum life and fine
Prof. Dr. Mukund Sarda

9. Rafeeq v State
• Burden of proof on accused 114 A of indian evidence
Act
• Prohibition of disclosure of identity of victim 228 A
• Trial in camera 327 cr.p.c
• No marks on body or screaming not the test
• Passive consent is no consent unless it was proved that
the woman has choice to resist or accept
• Sexual intercourse not amounting to rape
• Maritial rape 376 A
Prof. Dr. Mukund Sarda

10. • Character of the victim shall not be put in cross
examination
• Woman of low virtue also has right of human
dignity
• Interim compensation
Other case laws :
Domestic working womens association v uoi
B. Guatam v subhra chakraborthy
Chandramika dass v state of west bengal
Prof. Dr. Mukund Sarda