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

FAKE Rape case fired by lady » Criminal » 9 Jan 2016
Dear Sir/ Madam One lady has fired a fake FIR of attempt to rape on my uncle & police apply 354,376 & 511 IPC on him then case came in court & sent him...
defend in cort .prove her wrong .it depends on the lawyer how he manages . click


jhoota rape case me phansa diya gaya hai » ANY » 10 Nov 2015
Jhoota rape case me mujhe phansa diya gaya hai or ladki ki medical report normal aayi hai.mujhe kya karna chahie
sir ap police me jae aur is baat ki report kare fir report ke adhar pe maan hani aur perjuri ka case kare.


Girl friend forcing for marriage otherwise will file a rape case again » Criminal » 22 Sep 2015
My divorce gf is putting pressure on me for marriage my family said no even I dnt want to marry her she got pregnant in March but very first week of pregnancy...
Dear brother if you are the cause of her pregnancy then she has the better case A.P.Loganathan, Adv, Madras High Court CLICK ‘like’ if satisfied...


Indian definition of rape » Criminal » 20 Sep 2015
Dear Sir/Madam, For a school project we need to know the Indian definition of rape how it is defined in the Indian law. We were wondering if you could...
dear one , in India we define rape as UN ETHICAL TOUCH BY MAN WITH WOMAN . THAT IS IF A WOMAN IS NOT READY FOR PHYSICAL TOUCH THEN TOO ,MAN OR GROUP...


promise to marry,got false rape case after marry with another girl » ANY » 24 Aug 2015
Dear Sir, From january,2012 a Relationship started with A girl.After 6months ( on April,2012) we signed a marrige registry,But it did not confirmed.then...
file cheating case against her file perjury and defamation case against her take bail and file quash petition in high court under section 482 crpc file...


railway employee par rape case kiya h. » Criminal » 20 Jul 2015
4 Jul 2014 ko sec 376,504,506,509 k sath FIR kiya DNA report se stop proof ho gya..court mein hajir nhi hota h.. aropi railway mein CBS ki post par hai.premosion...
Dear client., you are advised to file a petition in the court for priority hearing of the case. in addition , you should send a copy of the FIR and charge...


Liv-in-relation-and Rape. » Criminal » 17 Jul 2015
my girlfriend filed a court case on 25/02/201 in us/376,376 A,420 and much like this against me,and ve again started living together after that,,again...
File for Anticipatory bail in the current FIR. Also provide details for the second complaint to assist you further. Regards Setu Niket Advocate...


Fake rape case to extort money » Criminal » 12 Jul 2015
A lady filed a case of ipc 376, 420, 506, 507 in court. Court has dismissed ipc 376 and 420 but 506, 507 case is going on. Now can i file a case against...
1. You can serve a legal notice to the lady asking for return of your money loaned to her caution her that if she does not return the same you will be...


about rape case detail and act » Criminal » 11 Jul 2015
i WANT TO KNOW ALL THE DETAIL ABOUT RAPE CASE.WHICH KIND OF PROOF IS ACCEPTED AND ALL THINGS?PLEASE PROVIDE ME ALL LEGAL INFORMATION AGAINST WE CAN DO...
you might have got injury might be grievous too at yr private parts that is good enough to help or go to any gynecologist she would give necessary medical...


rape done by navy officer » Human Rights » 29 Jun 2015
how to quash f.i.r on 376 case? whts the options for settlements in this case???????girl dont need money fr any settlement
no settlement is possible . even if the girl takes money she can not withdraw the case . criminal case can not be withdrawn . click


fake Rape case against me and FAKE POKSO » Criminal » 4 Jun 2015
Sir mera name ravi h sir 2012 mai mera ek ladki k sath relation tha jo sep. 2014 tak chala iss beech hamare beech sexual relation bhi ban gya tha. Ladki...
sir ap apke [arents yadi ye baat sahan kare aur mane ki apne kuch nahi kiya to ap parents ko ye baat bata de , aur unke sath police me jae . waha ja ke...


Is having sex with wife without her consent is termed as Rape and puni » Family » 1 Jun 2015
Is having sex with wife without her consent is termed as Rape and punishable under law
No but she can file domestic violence against you for mental and physical harasment


Is having sex with wife without her consent is termed as Rape in India » Family » 31 May 2015
Is having sex with wife without her consent is termed as Rape in India
Dear brother is she has any objection for the sex, she only has to ask this question untill then keep going. lot of facts are taken into consideration...


Fake Rape Complaint to Blackmail » Criminal » 20 May 2015
A lady in our office represented herself as divorcee and helpless. Her office record also shows that she is divorcee. She use to involve men in office...
All the victims should approach the police collectively.


rape case file againt to husband » Criminal » 17 May 2015
me muslim ladki hu vo bhi muslim mere husband pe rap case karna chahti hu per mera already 498(a) case chal rha he. ford karke dusari shadi karli ane...
1. Jaise apney 498-A kee complaint dakhil kawarhi hai usi tarah police station mein rape kee complaint be kawrasaketi hai. 2. Agar app key pass samay...


False rape case by a married lady misrepresenting as unmarried. » Criminal » 25 Mar 2015
Actually a lady boss filed 376, 420 ipc against me. As the allegations were baseless, the court dismissed the case. Now, i want to file a case against...
besides taking recourse to criminal case you may also file suit for recovery of compensation for defamation etc.


fake complaint rape/dv/family court » Criminal » 24 Feb 2015
a office colleague keeps on filing frivolous cases in delhi and ghaziabad and extorted a lot with help of her husband and mother.
If they are frivolous cases, you might as well file a complaint, or register an FIR under Section 211 IPC, against the harasser. That should put an end...


Want to file adultery along with the rape case » Criminal » 25 Jan 2015
Dear All, I got married a year back, was very happy initial 3-4 months, suddenly because of my drinking & smoking wife got into depression. an office...
urs is a critical case, u can definitely file adultery case against the person (provided u have evidence to prove it) go ahead and best of luck Click...


Want to file adultery along with the rape case » Criminal » 23 Jan 2015
Dear All, I got married a year back, was very happy initial 3-4 months, suddenly because of my drinking & smoking wife got into depression. an office...
1. Yes, you should also file a criminal complaint u/s 497 of I.P.C. against him. 2. As regards the rape case, do not get upset. the laptop and the...


Incorectly Story against Rape Case. » Criminal » 18 Jan 2015
Help Please because I've totally nervous. Rape case m mere bhai ka nam dal k jhuta involve kr diya h ,supervision report DSP and SP ne nirdos bta k...
agr aap ko lagta hai ki aap k bhai ko sach much fasaya gaya hai to u can contact me. Aap k bhai ko bail mil jayeghi aur definately aap ko Supreme Court...


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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