Rape is a most heinous crime against women usually involving sexual intercourse which is initiated by one or more persons against another person without that persons consent . The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.
Rape Law in India
Indian law treats rape as a criminal offence. It falls under criminal law in India. The Indian Penal Code (IPC- Section 375) defines rape as intentional, unlawful sexual intercourse with a woman, with or without her consent under several circumstances.
An offender is liable to be punished with an imprisonment of minimum 7 years to maximum 10 years and fine. Further, if the offence is committed in custody or on an expecting woman, or a woman below 12 years or gang rape, the punishment will be minimum 10 years of imprisonment. However, the definition of rape under the Indian laws does not cover forced oral sex or sodomy. These acts are separately covered under section 354, of IPC, which deals with criminal assault and outraging the modesty of a woman. Section 377 of IPC deals with unnatural sexual acts while Indian law does not recognize forced sexual intercourse by a man with his wife, above 15 years, as an act of rape.
It’s been noticed that many rape victims are unlikely to report to the police or the legal authority because of the unawareness, public humiliation, rigidness of the law, etc.
However the fact is that presently, Indian law is in favour to the victims and encourages them to take the next steps legally to wipe out this crime in the future.
Rapist and Social Status
Rapists will be punished accordingly by the law and wouldn’t have any social status thereafter. They would be rejected by the society.
NOTE:- These articles are created only for a basic awareness of the LAWS related to rape. To express the legal points it would be necessary to define the below terminologies.
Rape law related Questions and Answers
Complaint of blackmailing against attempt to rape. » Criminal » 8 Dec 2014
A person attempt to rape me to which i complaint against him about 1 month ago. He also been in jail for 3 days. Now, today he complaint against me...
He has to prove his allegation. Has he any phone records that you called him? If need be, you can contact a local lawyer. For more, you can contact me...
sir ji kisi mahila ne Jhuta Rape Case ragister karwaya hai to kese bac » Criminal » 5 Dec 2014
aise case me kya 164 ke byan per hi decision hoga, ya aaropi ko bhi suna jayega uske kya test honge jis se vo Bach sake jhute case se...164 ke byan per...
Aap us samay dusre jagah par the eska koi praman hai? Kya mahila ka medical examination hua tha? aap FIR dikhao fir batata hoon
A girl is going to file a rape case against me » Family » 29 Nov 2014
A girl is going to file a rape case against meA girl is going to file a rape case against meA girl is going to file a rape case against meA girl is going...
take anticipatory bail first.
then face the trial and prove ur innocence.
after checking FIR and charge sheet, i can advice whether...
rape with my wife by jija » Criminal » 26 Nov 2014
12 year ago meri wife ke sath wife ke jija ne apne ghar mein jabardasti sex kiya jab wo meri patni ko apne ghar le gya.samaj mein badnami ke...
Blood group match nahi hone se kuch nahi hota. DNA agar match hota hai to mana jaega ki aaropi ka baccha hai. Agar FIR ho gaya hai to acchi bat hai. But...
rape case on my husban by my sister » Criminal » 24 Nov 2014
mere pati par meri sister ne 12 year baad rape case kiya hai.meri sister ne bola hai ki uska son mere pati ka hai.mere ko bhi pati ne bola ki 12...
1.Itney sal key bad case kiya hai to yeh mukin nahi hai ki uspar rape ka arrop purvar hao sakey. Dono ki marzi thi islye is point par wah choot sakta hai....
rape case on my husbend by my sister » Criminal » 23 Nov 2014
meine bachpan se apni sister ko apne bacche ki tarah rakha.shadi bhi hamne hi kiya.aaj 12 year baad mere pati par meri bahn ne rape case kiya hai.wo...
file quash in high court saying that DNA testing was done and he was not child of ur husband .she wants to defame him.the quash petition will be filed...
rape case my husbend » Criminal » 23 Nov 2014
apni sister ko 3 year se apne sath rakha,shaadi bhi kiya.mera pati shaadi ke 45 day baad sath laker aya.meri sister ke sath april 2002 mein jabrdasti sex...
Dear client aap ka exact problem kya hai. Aap ka question incomplete hai. Call me via path legal for proper advice
Adv prasad patil
Is attempt to rape a non bailable case » Criminal » 6 Nov 2014
i want to know that attempt to rape is bailable or non bailable.
which type of cases made by a female on male is non bailable.
all offences are non bailable which attack women . and attempt to rape is non bailable . . click
somebody has gotten 5 years as a lesser charge for rape » Criminal » 28 Oct 2014
somebody has gotten 5 years as a lesser charge for rape. What could it be? How serious then are the charges?But under the law he has been charged, he only...
so what / there are so many lessor charges . for example outraging modesty .or just assault .or obstruction or minor hurt . that could be proved but rape...
What is a charge that is short of rape » Criminal » 27 Oct 2014
Somebody has been cleared of rape but accused of a lesser charge of negligency.What is the lesser charge called?
1. The right of the Presiding Office to infer from the evidence lead before him that a lighter offence though not distinct with the charges can be ascribed...
What is a charge that is short of rape » Criminal » 27 Oct 2014
Somebody who has been cleared of rape but given a lesser charge of negligency. What is the lesser charge called?
Lesser charge than of the rape can be ascertained by the Magistrate while going through the trial and the other evidences presented in...
in a rape case which took place at agra can she file case in patna hig » Criminal » 19 Oct 2014
A lady of bihar was raped at agra on the gun point. This event took place during day time when she was going to market alone as her husband went duty...
case can be filed at patan polce station . such cases are not filed in high court .
12 year ago rape case » Criminal » 17 Oct 2014
dna result is coming some time.fir kulsawadi kalyan mein ragister hai.maan haani ka dava kiya nagpur mein kar sakta hu.aropi kalyan ka hai.rape proof...
Aropi par rape ka charge proof kiya jane ke bad hi, Maanhani ka dava kiya ja sakta hai. Victim jahan rahti hai wahan woh kar sakti hai, nagpur ya...
Harassment of a rape victim by the fiance of the accussed » Criminal » 13 Oct 2014
My friend has filed 376 (and 420 and 506) against a married man who had lied to her that he is single, forced her for live in , got her pregnant...
how did he force did he point a gun ? i mean what force was used? it has to be proved if their is an allegation of use of force to start live in . she...
3 yr child rape case in play school » Criminal » 13 Oct 2014
In fir police not mentioned name of accused or any other identify of accuse. Only mention bhaiya ne Kiya.act popcorn, 376 login h accuse per
Puri case file dekhne par better suggestion de sakta hoon.
Next steps for a rape survivor » Criminal » 8 Oct 2014
I am a confidante of a rape survivor. I would like to know what she should do to ensure she collects all evidence of the incidence. She is not sure yet...
1. the early reporting to the police will make strong your case
2. the police and the court will take care of and assisting for the forensically...
want the best lawyer for a rape case » Criminal » 1 Oct 2014
My brother has been tortued to confess rape. He has not done it. Need a good lawyer.
contact through pathlegal on phone retired judge pune
what to do for false dowry and rape case » Criminal » 27 Sep 2014
my wife files a false dowry case on my family and a false rape case on my younger brother..we are very tensed..plz help us sir
take all the documents and evidence and meet an advocate from the path legal plced nearby to you for the discussion and further course of...
Steps to be taken in false rape case » Criminal » 15 Sep 2014
A worker (girl) from my uncle\'s workshop had filed a false rape case against him because she was fired from job. We have eye witnesses i.e. other workers...
1. file a petition in the high court to quash the FIR
2. submit all the facts, evidence and documents there
What should my friend do, in face of rape charges » Criminal » 28 Aug 2014
My friend had a girlfriend and there had been a breakup.Now her family is pressurising him to marry her threatening to slap charges of rape.
there is no harm in marring when you have relationship with that girl for the last 5 years and also had the sextual intercourse