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

statutory rape laws in India » Criminal » 22 Feb 2018
I am 30, male. My 15 years old niece is hitting on me. Some days back, first she asked me to open porn on my laptop, which I denied and told her to use...
Dear sir, according to your question my answer would be see in such cases you better to talk to your parents other than that you don’t have any option...


6 years delay to complain false rape cade » Criminal » 29 Jan 2018
In 6 year delay rape case the woman was good n trustworthy frnd. She has share me no. Nude photos with face without face on my WhatsApp. All was in my...
By Advocate Ashok Kumar Gupta, Patna High Court If I am correct, this query has already been replied just a few minutes before.


False rape case complaint after 6 year » Criminal » 28 Jan 2018
How old sexual intercourse can be identified. Since last one year no sex.
By Advocate Ashok Kumar Gupta, Patna High Court There is no limitation of time. But since the allegation of rape pertains to 6 years back , reason of...


False rape case delay with 6 years » Criminal » 28 Jan 2018
statement of woman is final under ipc 376 even though no witness and evidence
then in this case no case is formed as no evidence is formed ..


Abuse and rape physically and mentally I have been abused by my husban » International Law » 27 Jan 2018
My husband is in London he is British citizen he has raped me before marriage and then I don’t go complain to police he said he will marry me then he started...
call for specific help. in professional basis.


Criminal intended rape molestation » Criminal » 27 Jan 2018
Assault battery injury molestation by step mother and her sson\'s death threat I want a consult on the events and counts and culpable murder conspiracy...
File FIR u/s 376 r/w 511 for attempt to rape and 352 for assault/use of criminal force. For further queries, contact- Adv. Pury Please press 👍...


Can a girl be charged for rape. » Human Rights » 20 Jan 2018
Can a boy sue a girl, if she make physical relationship in lieu of marriage and afterward refused to marry.
No, charge of rape can not be made though other charges like cheating, breach of trust etc could sustain. Delhi


false rape case - needs legal rememd for false rape surivovor compensa » Criminal » 11 Jan 2018
Hi, i was wrongly framed with charges of sec-328/376/506 & later on I was acquitted by the court as the victim did a U-turn. However, the process caused...
1) You can file a police complaint against the complainan alleging giving false information , with an intent to cause a public servant to use his lawful...


Child rape legal enquiry » Criminal » 1 Jan 2018
I was sexually abused and forced for oral when I was a child till 16 yrs of age by a family member now am 21 I have no proof no evidence what can I do...
Dear Client Let me clarify that in such cases, the testimony of the victim is the most important piece of evidence. It is but obvious that a proof of...


May i file rape case » Criminal » 27 Dec 2017
please, mam, give some solution how may i approach. as i got the information so far that i can go for a rape case or any other charges. Because i am married...
dear clientcall me for detailed discussion.Bharat singh sisodiaadvocate9811104952


may i file rape case » Criminal » 26 Dec 2017
Hi am married woman, i meet a boy named in 2010. I have a doaugter also is now 8 years old. I was vey updet due to my family problems, generaly my husbamd...
You can file many charges against your husband and also the boy. You can file complaint against the husband for physical and mental torture. You can also...


Judge permission for narco test in false rape case » Criminal » 26 Dec 2017
Mere frnd ki bhabi ne apne pati or sasur or mere frnd pr rape ka case lgya h or apni saas pr dahj ka ilzam dia or FIR kra di to abi frnd jail m h or...
Yes you can request for narco test with the permission of the court. I have also done cases of similar nature. You can talk to me for further discussion....


rape case accused by my brother » Criminal » 10 Dec 2017
Respected sir, my question about a girl has made case on my brother the rape and kidnapping charges on March 2017 the under section 376D, 504,506,370,511,368,120B...
You should write a letter to DSP clarifying that family is not in touch with the accused and does not know where is he now. After some time, police will...


Breach of marrage contract ,cheating and rape » Criminal » 9 Dec 2017
Respected sir, myself jithamol Remanan iam in relationship with a guy vishnu vb since 2years. We studied in the same college.We were happy in the relationship...
I need some information before I guide you in detail:- Has the FIR been registered? If yes, under what sections of IPC? I need to see earlier complaint. I...


Cousin abuse to mother and bluff for rape over a call » Family » 9 Dec 2017
My cousin abuse my mother very badly and bluff for rape over a phone call, we already file a fir against him, but don't understand what next to do if we...
You make a complaint against it and write andSend this complaint to high officials and speed post by CM.Also send a copy of the previously done copy with...


Husband wants divorce from his wife and is also raped by her » Family » 8 Dec 2017
Hi, my friend is married but unhappy and his wife rapes him, does sexual intercourse forcefully without his consent. He wants to take divorce from her...
Dear client , in marital relation it is not treated as rape , so try to pacify the matter and try to fulfill her sexual desire when ever so happens.This...


my sister sexually exploited by her husband (marital rape) and mentall » Family » 6 Dec 2017
Respected sir /ma\'am, I writing to you in great need of time seeing probable help of your kind hand and advise. Sir &ma\'am my sister is mentally harrashesd...
Immediately file complaint against all the family members of in-laws and your sister will get dirvorce and huge alimony. Please Click LIKE button so...


after divorce register a fake rape case. .... » ANY » 29 Nov 2017
Mere ex wife ne mujh par or mera gharwallo par Rape or maar peet ka case laga Diya hai
Dear client you should disclose all the facts and circumstances then I will elaborate properly. Advocate Allahabad High Court Mobile


While the rape charge is on court... » Criminal » 29 Nov 2017
My friend was cheated and betrayed by her lover and his family. She wants to file a rape complaint. While the case in on court is it possible for him to...
1) Yes, he can get married during the process of criminal proceedings under the charge of rape provided he got bail. 2) Please do me a small favour...


Settlement in rape case » Criminal » 26 Nov 2017
If a rape victim meets the accused outside court for settlement before commencement of trial and after filing of charge sheet are there any legal risks...
By Advocate Ashok Kumar Gupta, Patna High Court Offence of rape is non compoundable offence. It cannot be compromised either outside Court or even the...


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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