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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

Absolutely False allegation of Fraud/Rape/Miscarriage/Conspiracy (Ref Criminal 10 Jun 2019
A girl files false case/allegation on the boy for rape when they were in relationship for several years. as things dint work out and then boy broke up...
sir go for the stay on the proceeding then , for the parents go for the police investigation . sir yes it is rape only the physical relation on pretext...

my brother had a relationship with a girl from 4-5 years, my brother and girl loved each other they had intercourse so many times approx. 50 times, girl...
you file bail application before charge sheet.

Breach of marriage and false rape case Family 18 May 2019
Breach of marriage with my girlfriend .she informed to police officers and they were called me on last Monday they were thernting me that you should marry...
first take bail let them fike any false case dont agree I am from Hyderabad call me dont worry

A false case of rape by daughter in law to his father in law ANY 5 May 2019
There is a dispute of on girl after marriage with their in laws .girls family is very high level powerful .girl put a false case of attempt to rape to...
kindly send FIR copy. we need to see detail facts mentioned in the FIR. you can call me or msg me on 9255756777 for detail information in this matter

Advice for blackmailing, extortion and rape Criminal 22 Apr 2019
I want to know that i have to first report FIR or to take a layer in case of blackmailing, extortion and rape.
sir first step is FIR then the court trial .

cosensual sex leads to rape Criminal 13 Apr 2019
my brother and his gf were in relationship they started it last 2 years ago my brother ask her to get married before getting into relation after 3 months...
they were with relationship and living together and also going out side togethr it shows that both have consent and pleased with living together it shows...

Rape case and extortion International Law 10 Mar 2019
Sir I am Canadian citizen my whole family lives in Montreal Canada. .couple of years ago when I was in india I had friendship with one of the lady in...
just don't get provoked or intimidated. don't bow down to the illegal demands

Acb grape failed govt servant terminate Frome job ANY 19 Feb 2019
Kewal voice record not traped is gov servant terminate from job
File appeal it's valid till ninty day from order of terminations Lawyer

Pressurising ex-bf for marriage, threatening to bring false rape charg Criminal 21 Jan 2019
If a woman is pressurising a man to marry her and threatening to bring false rape charges against him, what can be the due course of action to prove the...
intimate to local police that she is threatening in that way

rape of an adult male by another male Criminal 11 Jan 2019
What are the laws and punisments in India related to sexual harrasment of male by another male?
Lodge police complaint. They will take care of everything. Click like please

Rape or physical violence Criminal 9 Jan 2019
Mya ek ladki live in relationship me rahne ke baad rape ya any case darj karwa sakti hai please describe in detail
if u forcibly have rwelations with her she can file otherwise it sconcentual sex not rape

False rape cases and money making from the victim Human Rights 11 Dec 2018
There is a lady in our neighborhood, who has been threatening people and also legally pursuing them in false rape cases. And she has a minister backing...
You should approach the high court under crpc 482 for quashing of the case and also file a police complaint against her for filing false cases, if the...

Cross examination in pocsa and rape matter victim is cousin sister of Criminal 2 Nov 2018
What questions to be asked to pocso/rape victim in Cross. Victim is cousin sister of accused. if she is minor it will be held in camera . How to start...
Will need to go through the chargesheet to give you suggestion regarding it few general things which can be asked is about her age as many times the victim...

Legal consequence of a Rape of Man Criminal 30 Oct 2018
Can a man be raped as per Sec. 375 Ipc? If yes, how punishment is to be awarded to the perpetrators?
no only female is covered section 375

Rape threat over a phone call. Criminal 28 Oct 2018
If i report a rape threat given on phone. Is police bound to find out the person in some given time period?? And how can i ask police to take the case...
by advocate Rameshwor dadhe dear mam please file complaint against them. if you have mobile number which is called u . otherwise go to the higher authority...

Lawyer for rape case Criminal 20 Oct 2018
Dear Sir / Madam Actually my cousin is arrested for rape case (Pocso) but they both were in relation & got physical attracted ,but now after breaking...
You can contact me by clicking upon the lawyer detail button. I will help you.

Threat to rape and kill Criminal 3 Oct 2018
A brahmin man threatened to rape me and my family members and also abused me on phone I am a sc woman that\'s why he did it I have filed a complnt I\'m...
Yes to threaten someone and make any derogatory remarks with respect to one's religion or caste is an offence. You can file a complaint and keep the proof...

Law on rape case and how to get rid off Criminal 18 Sep 2018
I am married person but one day I cheated other persons wife and took her along with me to other city and had sex with her. After some days it came to...
ince no medical examination is done of u and her so no evidence can prove your guilt or crime just dont accept crime say your frind did with his wife and...

Neighbor cheated and raped my wife Criminal 18 Sep 2018
Neighbor cheated my wife and took her to Other nearer city and raped their. We have given complaint to our local police but they just took the NC. Later...
Normally criminal case is to be filed at the place where the crime had taken place. But in your case it can be filed in your place and the police as have...

Case dismissal before charge framing in case of rape Criminal 16 Sep 2018
Can an accused get his case dismissed before charge framing in case of rape due o lack of evidence.
Yes if there are no evidences against him.Plz LIKe to increase my ratings.

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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