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.


Click here to know about the divorce Procedure in India.
How to file a case in consumer Court India? 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

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...


Complaint of blackmailing against attempt to rape. Criminal 8 Dec 2014
sir A person attempt to rape me to which i complaint against him about 1 month ago. He also been in jail for 3 days. Now, today he complaint against me...
He has to prove his allegation. Has he any phone records that you called him? If need be, you can contact a local lawyer. For more, you can contact me...


sir ji kisi mahila ne Jhuta Rape Case ragister karwaya hai to kese bac Criminal 5 Dec 2014
aise case me kya 164 ke byan per hi decision hoga, ya aaropi ko bhi suna jayega uske kya test honge jis se vo Bach sake jhute case se...164 ke byan per...
Aap us samay dusre jagah par the eska koi praman hai? Kya mahila ka medical examination hua tha? aap FIR dikhao fir batata hoon


A girl is going to file a rape case against me Family 29 Nov 2014
A girl is going to file a rape case against meA girl is going to file a rape case against meA girl is going to file a rape case against meA girl is going...
dear client, take anticipatory bail first. then face the trial and prove ur innocence. after checking FIR and charge sheet, i can advice whether...


rape with my wife by jija Criminal 26 Nov 2014
sir, 12 year ago meri wife ke sath wife ke jija ne apne ghar mein jabardasti sex kiya jab wo meri patni ko apne ghar le gya.samaj mein badnami ke...
Blood group match nahi hone se kuch nahi hota. DNA agar match hota hai to mana jaega ki aaropi ka baccha hai. Agar FIR ho gaya hai to acchi bat hai. But...


rape case on my husban by my sister Criminal 24 Nov 2014
sir, mere pati par meri sister ne 12 year baad rape case kiya hai.meri sister ne bola hai ki uska son mere pati ka hai.mere ko bhi pati ne bola ki 12...
1.Itney sal key bad case kiya hai to yeh mukin nahi hai ki uspar rape ka arrop purvar hao sakey. Dono ki marzi thi islye is point par wah choot sakta hai....


rape case on my husbend by my sister Criminal 23 Nov 2014
sir, meine bachpan se apni sister ko apne bacche ki tarah rakha.shadi bhi hamne hi kiya.aaj 12 year baad mere pati par meri bahn ne rape case kiya hai.wo...
file quash in high court saying that DNA testing was done and he was not child of ur husband .she wants to defame him.the quash petition will be filed...


rape case my husbend Criminal 23 Nov 2014
apni sister ko 3 year se apne sath rakha,shaadi bhi kiya.mera pati shaadi ke 45 day baad sath laker aya.meri sister ke sath april 2002 mein jabrdasti sex...
Dear client aap ka exact problem kya hai. Aap ka question incomplete hai. Call me via path legal for proper advice Adv prasad patil Pune


Is attempt to rape a non bailable case Criminal 6 Nov 2014
Sir i want to know that attempt to rape is bailable or non bailable. which type of cases made by a female on male is non bailable.
all offences are non bailable which attack women . and attempt to rape is non bailable . . click


somebody has gotten 5 years as a lesser charge for rape Criminal 28 Oct 2014
somebody has gotten 5 years as a lesser charge for rape. What could it be? How serious then are the charges?But under the law he has been charged, he only...
so what / there are so many lessor charges . for example outraging modesty .or just assault .or obstruction or minor hurt . that could be proved but rape...


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.

F

r

e

e


A

d

v

i

c

e