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Rape Law

Rape 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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Sexual harassment Law             Child Sexual Abuse Law
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
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...
Dear brother 1. file a petition in the high court to quash the FIR 2. submit all the facts, evidence and documents there Advocate, A.P.Loganathan,...

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. He was...
Dear brother there is no harm in marring when you have relationship with that girl for the last 5 years and also had the sextual intercourse Advocate,...

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
Dear brother 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...
dear client, 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
sir, 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. Advocate...

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...

wt to do after won False Rape case    » Criminal » 1 Jun 2014
Res, one False rape case register under 376 ipc on me 2 year ago. i facing trail in session court about 16 months and kept in custody. after trail i won...
Dear Client, You can move for defamation and lodging false case against you under the IPC as it is a crime in both respects. For further legal assistance...

rape case against husband    » Criminal » 25 May 2014
mera pati mere se alag tha ,lekin ab baar baar mere ghar me aane ki baat karta h ,wo aate hi sex karne ki bolta h,main us ke sath sex nhi karna chahti...
rape kare to laga sakti ho case lekin sirf puchna to rape nahi . husband puch to sakta hi hai jabardati kare to case kar sakti ho . kamal yeh hai ki divorce...

rape cases in livein relations and premarital sex    » Criminal » 1 Apr 2014
some cases are comming up with the story that the boy promised to marry and they were dating and having sex also . now boy does not want to marry . what...
dear client, it\'ll come under offence of rape. but, all depends on fact and circumstances of each cases. supreme court has delivered different contradictory...

jhoote rape case ke recording    » Family » 22 Mar 2014
sir, mere papa ke upar ek sipahi ne jootha rapa ka case kar diya hai, aur usne jis jagah se kiya hai,waha par papa kabhi nahi gaye, us siphi ki nazar hamari...
Rape ka case hone se kuch nahi hoga jab tak ki usko prove nahi kiya jae. Agar FIR hota hai to aap high court me quash karwao. Aap uske intention ko sabit...

Attempt to rape and fight with women husband    » Criminal » 5 Mar 2014
Sir/Mam. A person attempt to rape a women,fight to women's husband and family.. and give a warning to husband "murder with in shortly ".. what can i do...
file case under section 354 ,threatening ,threat to life before police if police fail to take action file before magistrate its a serious offense.first...

can file 20 years old case of custodial rape in Bureau of Immigration    » Criminal » 16 Feb 2014
An alleged female passenger/ impersonator alleged rape in gents toilet of Madras Airport Immigration while under alleged detention of Madras Airport Immigration...
Were you accused of committing rape? Whether or not any case can be filed in such a scenario depends on the outcome of the inquiry or prosecution which...

can file 20 years old case of custodial rape in Bureau of Immigration    » Criminal » 16 Feb 2014
An alleged female passenger/ impersonator alleged rape in gents toilet of Madras Airport Immigration while under alleged detention of Madras Airport Immigration...
If the case is in trial, then you will have to defend your case properly. Please let me know where the case is pending and at what stage to advise you...

sex on promise of marriage ,is it rape    » Criminal » 13 Feb 2014
girls allege to have sexual relation on promise to marry and when the man does not marry they file complaint of rape . in my view promise to marry(howto...
The promise to marry is a false promise and consent obtained is not a valid consent. Hence rape( as decided in many cases)

sexual harreesment at work place and rape (intercourse)    » Criminal » 2 Feb 2014
if offender try to prove rape (intercourse ) is is done by mitchual concern what punishment and judgment given by court if both are government employe...
sir, 1.ALL ARE EQUAL BEFORE LAW, AND LAW NEVER SHOW DIFFERNCES TO LAYMAN OR TO GOVT EMPLOYEE IF HE COMMIT A CRIMINAL OFFENCE. 2. AS PER THE RULING...

WHAT I HAVE TO DO COPE UP FROM FALSE RAPE ALLIGEATION.    » Human Rights » 21 Dec 2013
I,HAVE RENTED ONE OF MY PROPERTY IN WHICH FOUR DIFFRENT FAMILY IS LIVING.ONE WIDOW WOMEN THEATEN ME IF YOU ASK RENT FOR HOUSE I WILL GO TO POLICE AND TOLD...
1. File a non cognizable complaint against her mentioning such threats given by her in the police station. This will take care if more serous trouble is...

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.
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