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
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
confusion about a rape case » Criminal » 28 Aug 2014
agar meri legal wife ho to wo kya mere against me rape ka case kar sakti hai or nahi legal wife only
the legal wife cant file the case of rape aginst the legal husband
but if she is below the age of 15 years then it amount to rape even if...
Add on in false rape case on my brother » Criminal » 15 Aug 2014
girl has filed false rape case against my brother though she met him for his counselling as he suffering from epileptic siesures. he was depressed due...
as i previously advised you,you can apply regular bail before session court or before high court. if he has not been arrested yet, then...
false rape case filed by a girl » Criminal » 12 Aug 2014
a girl has filed false rape case against my brother though she met him for his counselling as he suffering from epileptic siesures. he was depressed due...
1. Bail can be availed upon contacting an advocate who has his office in your locality.
@ Pl. acknowledge reply.
manhani against rape 376 » Criminal » 10 Jul 2014
I want to information for manhani against rape case 376.
what information ? if the case has been held as false in court then you can file FIR and manhani cases . click
false rape case lagane vali lady ke liye dand » Criminal » 29 Jun 2014
lady ne 164 ke byan de diye he but investigation offisar ne ledy ko ghar se apne relatives ke sath jana paya he or medical report me bhi negative he to...
Daer Client,Jab I.O. ne information karli hai iska matlab FIR register ho chuki hai jada jankari ke liye call kare taki sari baate samajh aa sake.
Accused not arrested under a rape case since last 3 months » Criminal » 22 Jun 2014
Hi everyone, I filed 376 case on 14 March with gurgaon police. The boy promised marriage but refused and ran off when his parents disapproved . He had...
Dear brother / sister
1. the law and the court will not act that easily if you dont have money and influence. he has done a major offence and scot free...
my father is arrested by police for false rape case » Criminal » 6 Jun 2014
My father\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s maid filled a complaint against him for false rape case.Now he is in prison for last 35 days.Case of 376 has...
what is the medical report of the complainant pls tell.
wt to do after won False Rape case » Criminal » 2 Jun 2014
res, a False rape case us 376 ipc register on me 2 year before & i facing trail in session court about 16 months. i m kept in custody that 16 months....
u can now, on the basis of such acquittal file a defamation case asking more than 2 crore of rupees for loss of everything i.e name, fame and ur career...