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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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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

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.


Rape case i need help. Criminal 9 Sep 2018
Sir The rape case against a advocate and the head of bar association paste a notice that no one take my case.all advocates are against me than how can...
there is no need a lawyer from your side because state fight for you and government advocate fight for you. for more details come at office.


Pre martial sex is a rape charges if realtion is going to end Family 13 Aug 2018
in march my family arrange a relation with her family..means we had rokha event....marriage date is not decided .In between with her consent we had sex...
No rape charges it's consentual sex come out before. marriage


husband leaked about rape case of wife before marriage Family 10 Aug 2018
One guy cheated me on pretex of marrying me. He made me to wait upto 2years n married anither lady.After so much of his torture I have lodged a complaint....
file case under domestic violence act and file criminal complaint under 498-a .... do file application under section 125 for maintenance and separate application...


Rape case 376ca - lover cheated on promise of marriage Civil 24 Jul 2018
Filed case under section 376C (a),417,506,420 against a boy who cheated me on promise of marriage and had sexual relationship and used me financially...
Dear client, since he committed heinous crime , he may not get bail from Session court, he would have to apply for bail before Hon'ble High court, and...


Need some help regarding my in laws praperty Property 23 Jul 2018
Want to construct a house on my mother in law\\\'s house. What legal documents needs to be prepared to be on safer side?
get khata in your name first


Rape case filed - section 376Ca how many yrs Wil take for judgment and Civil 21 Jul 2018
Filed case under section 376C (a),417,506,420 against a boy who cheated me on promise of marriage and had sexual relationship and used me financially...
by advocate Rameshwor dadhe dear mam it is dependent on circumstanceal evidence


False Name in Gang Rape. Criminal 13 Jul 2018
Dear Sir/Mam, I (Sona), Police Submitted final form against three accused except one accused(Mr.Sona and not sent up for trail) due to false name Mr.Sona. In...
You can contact us for filing anticipatory bail in Patna High Court or Supreme Court and also get the case quashed against you. You can contact me & get...


What are the evidences to prove rape case Criminal 7 Jul 2018
My boyfriend raped me on april 2017 in my house then he promised to marry me and we got married in a temple but we did not take photos then he made a wedding...
I can understand your problem. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. You can use...


false accuses of abduction, assault ,attempt of rape etc. Criminal 1 Jun 2018
Dear sir/ mam i m a married man since 2007 and doing government job in rajasthan. in 2014 a female colleague of mine came to my contact and...
Call me through pathlegal (paid) service for advice


Consensual sex lead to the charges of Rape Criminal 28 Apr 2018
If a person some time/months/years back had consensual sex with a woman and continued to do so for some time . And later that woman files a complaint with...
the onus of proof in this case lies to the accused to prove himself innocent.even it was a consensual sex but the situation and cirumastances may lead...


Widow said that my brother raped her Criminal 27 Apr 2018
Its been 6 days my brother his age is 23,one widow she said that my brother raped her but they don't have any proove
dear client, first take bail for your brother. then, face trial and prove innocence, or move high court under section 482 of crpc for quashing of FIR...


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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