Rape Law in India Rape Law in India

PathLegal receives many questions about rape & related law. We have prepared this article for public to understand the crime RAPE and related laws. This document is prepared in a generic aspect for a basic understanding about the law against rape in India. The facts mentioned here may vary from case to case and time to time. Please visit a competent lawyer to get the right information.


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Rape? 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.

Rape Victims 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.


Rape law related Questions and Answers

False Rape case overcome and punishment fir false complent Criminal 8 Jul 2017
Hi I am also overcom by false complent of Rape . I am charged with sec. 376 2N 242 323 324 506 212 213 238 IPC. I was in Jail for 23 Days and after that...
You can file defamation case both civil and criminal and you can recover damages and can also punish them(Complainant) .


rape case attempt on me when i send a notice through a lawyer 9section Civil 23 Jun 2017
sir mai ek handicaped boy hu with 90 disability.sir 3 saal pahle meri sadi ek ladki se hui thi bina dono pariwar ke jankkari me. hum dono ka ghar ek hi...
Dear Client, You advocate will help you out of this. Consult him. Also file police complaint(NC) against those persons who tried to harass you. Expert...


IPC 376. Promise of marriage becomes rape Criminal 13 Jun 2017
I m a doctor in Varanasi, Uttar Pradesh. I was friends with a girl who used to work in the same hospital. One day I got information that the Girl is already...
yes case may be registered on this illegal law patently illegal but parliament has made it law .but courts will not convict . click


how can a girl withdraw a attempt to rape case coz her health is degra Criminal 18 May 2017
hi my question is ,if the girl filed a attempt to rape and now she wants to withdraw because her health is not OK suffering from depression n she feels...
madam in real rape case only medical test is the evidence nothing else , so she should come out of depression and fight the case , and make the person...


false rape accusation Criminal 19 Apr 2017
My brother is accused of false rape and kidnapping case.he had consensual sex with a married woman..since her husband refuse to accept her ..then she threatened...
she only threatened or filed . does you brother have any options ? no options .if she files case then defend . click


about new age in rape cases ANY 18 Apr 2017
i want know that new age of minor in rape cases was 18 now is 18 or 16 to according new rule
Hi, Minor is below 18 we are available at www.legalexpertsindia.net check contact and contact me if you want any further query.


RAPE CASE INFORMATION TRUE OR FALSE. ANY 15 Apr 2017
HELLO SIR I AM RAHUL RAJ MAINE EK LADKI SE PYAR KRTHA THA BUT MAI AB UNSE MARRIED KRNA NHI CHAHTA HU LEKIN UNKE PARIYAR WALA DAWA KRTE...
jaroor dalenge koi majak hai pyar kiya shadi nahi .bahut hoshiyar ho aap . click


When we file rape case ANY 12 Mar 2017
Does FIR remain even if the case doesnt move for 3 months and there is no action on it.
dear client, move writ petition either before high court or before supreme court for speedy trial. you may call me through pathlegal for further...


Being charged with promise of marriage rape case. Criminal 11 Feb 2017
I'm being booked for rape case on false promise of marriage. This girl and I were in relationship for almost a year, had physical relations but broke up...
1) Why should u revive the relation? Stop it. Husband can file Police case against u. Adv Dr Katta Vijayawada CLICK LIKE press thumbs up like button...


Need opinion in false rape case Criminal 30 Jan 2017
FIR was filed against me u/s 376, 328, 354D & 506 on February and I got arrested. After 8 months, got bail from HC. This month, in cross examination, prosecutrix...
1) U may prefer appeal before HC. Adv Dr Katta Vijayawada CLICK LIKE press thumbs up like button to encourage my legal points.


definition of rape .section 375 IPC and Bombay HC ruling Criminal 22 Jan 2017
i read today TOI Bombay high court ruling that sex in relationship on promise to marry of educated women is not rape as it is (promise to marry) is not...
Never ask hypothetical Query or for academic/ general discussion nor to teach law. Be specific. Ask directly with facts, how r u affected, and what exactly...


Rape case by ex gf along with 420and 417ipc Criminal 22 Jan 2017
My ex gf filed an rape case along with 420 and 417ipc. I have told her honestly about my marriage way back now m married 2 months and she has launched...
Very simple. You need to contest. For the charge of rape to sustain, the prosecution has to establish that sexual favour was obtained through a promise...


Rape allegation after consensual sex Criminal 17 Jan 2017
I am 27 year old unmarried government employee. I met a girl 1 year ago and fell in love with her within a few months. During this time we had consensual...
Sex took place out of volition and both are adult and therefore question of rape does not arise. A charge of rape is only possible if the consent for sex...


How to get justice in false rape case Criminal 17 Jan 2017
A false allegation was made and FIR filed on 25.02.2016 u/s 376, 328, 354D & 506 against me. I got arrested on 02.03.2016 and spent 8 months in Tihar jail...
Please face trial and prove the case as false case.


Rape on false promise Criminal 15 Jan 2017
Hello Respected Lawyer, I am now 21 years old and do not have that much knowledge about how to proceed with my case. So I thought that I will first take...
1) Lodge FIR with Police narrating full facts and all evidences available. Simply describe the incident in ur own way. Police will investigate and frame...


Rape on false promise and cheating Criminal 15 Jan 2017
Hello Respected Lawyer, I am now 21 years old and do not have that much knowledge about how to proceed with my case. So I thought that I will first take...
it is not rape it was all with consent in the hope of roping up that man you did it knowingly


Case against the false promise/Rape Criminal 10 Jan 2017
Hi I am a girl who is having a relationship with a guy (who is an army personnel) for the past 3 years. we both have a lot of mutual friends. We were in...
file case of sexual harassment rape cheating against him and say just due to dowry his parents are refusing for marriage file case on enire family they...


False rape u/s 376 andposco Criminal 7 Jan 2017
One of my relatives lives in delhi. They got a house maid to take care of their ailing daughter. She is abt 15-16 yrs of age. Lately we found she was pregnant....
Appropriate reply will be given after seeing the contents of the FIR and the allegations and statement U/s 164 recorded before the concerned magistrate...


fack cases under sec 376 for rape Criminal 6 Jan 2017
Kya koi ladki kisi ladke ko fasane ke liye 6 year ke baad bhi achanak rape cases file ker sakti hai jabki last 5 years se un dono ka kisi bhi tarh ka contect...
han kar sakit hai .file karne se kaun rok sakta hai sabit karna alag bat hai are 5 sal se contact nahi hua to kya kabhi dekha bhi nahi ho to bhi file...


how to curb a conspired rape case by a sc girl. Criminal 27 Nov 2016
Dear Sir, pls note, my self sashi kant, belongs to orissa and working in Bangalore since 2008. i belongs to General caste. i have a land dispute with...
nothing can be done he will keep filing and you keep defending now you can file FIR against him for filing false case which was held false last time against...


NOTE:- These articles are created only for a basic awareness of the LAWS related to child sexual abuse. To express the legal points it would be necessary to define the above terminologies.
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