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

Long distance relationship with rape » Family » 12 Nov 2017
Me ek ladke se pyar karti thi long distance relationship ta Mera uske kehne par me uske sath ruki jab ki mene use kaha ki wo koi p. G ya koi room arrange...
madam agar dava di thi to ye date rape hai ap mahila thana me jae aur complaint kare lekin ye prov hona chahiye ki apko dava di thi . ye live in nahi hai...


False rape case against me by 17 year old girl and her mother » Criminal » 11 Nov 2017
False rape case : 17 years old girl and her given false complaint of allegation & rape in the name of love. How can I face it? Police arrested me....
yOU HAVE TO SHOW ME THE FIR and share the detailed facts. If you are innocent, you will come out of it.


Rape complaint and medical examination.. » ANY » 5 Nov 2017
Sir, I was in a relationship with my boyfriend for 2 years. His parents and relations promised to marry their son to me. He forced me to have sexual relationship...
how did he force i mean he put gun on your throat or bet you . sex is not compulsory on promise to marry . want to file complaint you can file but...


how to report a historic rape » Criminal » 4 Nov 2017
Can I report a historic rape that happened to me at the age of 9 and I am 23 now?
Yes you can certainly do that but you have state a very strong reason for the delay as rape is a very serious offence. SUPREME COURT LAWYER DELHI...


Rape case 376(d) in jahaganj police station » Criminal » 4 Nov 2017
Hi,I\'m Sonu pal, I have a good ne case,it\'s a rape case my uncle have alleged that they include in case,right now,high court issue the non bailable...
Mr Sonu, Rape is a very serious offence and the punishments as prescribed for rape vary and depend upon the circumstances hence the courts have been...


Can she file a rape complaint » ANY » 3 Nov 2017
My friend had been in a relationship with our college senior for almost 2 years. Her lover even introduced her to his parents and relations. But he forced...
By Advocate Ashok Kumar Gupta, Patna High court 1. In my opinion , she should make complaint to National Commission for women at Delhi or State Branch...


Rape, Minor Sex, New laws » ANY » 16 Oct 2017
If a minor boy has sex with a minor girl, will the boy be held for rape charges?
Yes, the charges will be of rape but since accused in minor so he shall be tried under juvenile Act and if held guilty shall be kept in juvenile homes...


Threat of false rape case and defamation by female stalker » ANY » 12 Oct 2017
A female who has been stalking me for more than an year has messaged my father that she will file a rape case against me(false) with the pretext of marriage...
Dear client, You can approach the police with the complaint for same. You are correct no lawyer will call you up like this. You need to to worry but should...


Defamation on false rape » Human Rights » 6 Oct 2017
Can I file a defamation case against a girl who falsely accused me of rape?
Dear client, You can. For your further query you can contact me. Adv. Delhi


Wrong rape blame Upon me » Family » 3 Oct 2017
My daughter in law blamed that I tried to rape her and beat her but it\\\'s not true she did this for revenge I want to file case against her what to do...
what case can you file ? ni first defend and if the complaint is termed as false by court then only you canfile case against her . click like


Threat for false rape case » Criminal » 2 Oct 2017
I am living in a rented house and sharing the same flour with the illitrate family who always ready to fight , they abuse us in different ways but whenever...
intimate the entire incident to the local p.s in writing for future reference.


Juvenile case - Minor accusing another minor of rape, scaring and cybe » Criminal » 1 Oct 2017
Accused and complainer both minor. Friends in relation fight over misunderstanding girl defames boy and accusing that used her by blackmailing her or...
sir this is major crime and they can not be treated as minor. go to the police department cyber cell to report and then they will find the truth as girls...


Fake case of attempt of rape and 7 yr Jail » Criminal » 29 Sep 2017
Dear Lawyers Please suggest one of the lady done fake FIR against my maternal uncle for attempt of rape last year & its trial was done in Sub divisional...
please file appeal . click


advice for protect the innocent person in case of rape and kidnapping » Criminal » 8 Sep 2017
My friend named Monu is running a boys hostel in which one night his friend named Abishek comes with one girl of another city for stay 1 night but she...
1) Monu will be charged with abetting the offence of rape and kidnapping provided that if a complaint is filed by the girl and her parents 2) ...


Needed a in detail plus/minus of Rapes in India 2006-2016 for Soc.Serv » Criminal » 4 Sep 2017
Needed a in detail report of Rapes in India 2006-2016 for the purpose of Social Service Organization which is planned to get started which will be aiming...
meet officers of BPR&D GOVERNMENT OF INDIA


Fake rape Case lodging for extortion, by lady with 5 to 6 persons » Criminal » 13 Aug 2017
Dear Sir, IN THE MATTER OF: Suman Sen Gupta S/o Mihir Sen Gupta R/o 454, Madanpur Khadar Sarita Vihar, New Delhi-76 …Complainant Versus 1. Indraneel...
Dear Mr. Suman Sen Gupta, 1) I understand that you have made a private magisterial complaint under section 190 of the Criminal Procedure Code, 1973...


i want to take back or cancel my rape on the basis of false marriage 3 » Criminal » 2 Aug 2017
i want to take back or cancel my rape on the basis of false marriage which i filed ,my case is true and its 7 years of relationship,in which he used me...
madam criminal case are not to be taken back , and who told it is pain for you . now it is on you , as you want to suffer then why do you come to us .we...


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


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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