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

When we file rape case ANY 12 Mar 2017
Does FIR remain even if the case doesnt move for 3 months and there is no action on it.
dear client, move writ petition either before high court or before supreme court for speedy trial. you may call me through pathlegal for further...


Being charged with promise of marriage rape case. Criminal 11 Feb 2017
I'm being booked for rape case on false promise of marriage. This girl and I were in relationship for almost a year, had physical relations but broke up...
1) Why should u revive the relation? Stop it. Husband can file Police case against u. Adv Dr Katta Vijayawada CLICK LIKE press thumbs up like button...


Need opinion in false rape case Criminal 30 Jan 2017
FIR was filed against me u/s 376, 328, 354D & 506 on February and I got arrested. After 8 months, got bail from HC. This month, in cross examination, prosecutrix...
1) U may prefer appeal before HC. Adv Dr Katta Vijayawada CLICK LIKE press thumbs up like button to encourage my legal points.


definition of rape .section 375 IPC and Bombay HC ruling Criminal 22 Jan 2017
i read today TOI Bombay high court ruling that sex in relationship on promise to marry of educated women is not rape as it is (promise to marry) is not...
Never ask hypothetical Query or for academic/ general discussion nor to teach law. Be specific. Ask directly with facts, how r u affected, and what exactly...


Rape case by ex gf along with 420and 417ipc Criminal 22 Jan 2017
My ex gf filed an rape case along with 420 and 417ipc. I have told her honestly about my marriage way back now m married 2 months and she has launched...
Very simple. You need to contest. For the charge of rape to sustain, the prosecution has to establish that sexual favour was obtained through a promise...


Rape allegation after consensual sex Criminal 17 Jan 2017
I am 27 year old unmarried government employee. I met a girl 1 year ago and fell in love with her within a few months. During this time we had consensual...
Sex took place out of volition and both are adult and therefore question of rape does not arise. A charge of rape is only possible if the consent for sex...


How to get justice in false rape case Criminal 17 Jan 2017
A false allegation was made and FIR filed on 25.02.2016 u/s 376, 328, 354D & 506 against me. I got arrested on 02.03.2016 and spent 8 months in Tihar jail...
Please face trial and prove the case as false case.


Rape on false promise Criminal 15 Jan 2017
Hello Respected Lawyer, I am now 21 years old and do not have that much knowledge about how to proceed with my case. So I thought that I will first take...
1) Lodge FIR with Police narrating full facts and all evidences available. Simply describe the incident in ur own way. Police will investigate and frame...


Rape on false promise and cheating Criminal 15 Jan 2017
Hello Respected Lawyer, I am now 21 years old and do not have that much knowledge about how to proceed with my case. So I thought that I will first take...
it is not rape it was all with consent in the hope of roping up that man you did it knowingly


Case against the false promise/Rape Criminal 10 Jan 2017
Hi I am a girl who is having a relationship with a guy (who is an army personnel) for the past 3 years. we both have a lot of mutual friends. We were in...
file case of sexual harassment rape cheating against him and say just due to dowry his parents are refusing for marriage file case on enire family they...


False rape u/s 376 andposco Criminal 7 Jan 2017
One of my relatives lives in delhi. They got a house maid to take care of their ailing daughter. She is abt 15-16 yrs of age. Lately we found she was pregnant....
Appropriate reply will be given after seeing the contents of the FIR and the allegations and statement U/s 164 recorded before the concerned magistrate...


fack cases under sec 376 for rape Criminal 6 Jan 2017
Kya koi ladki kisi ladke ko fasane ke liye 6 year ke baad bhi achanak rape cases file ker sakti hai jabki last 5 years se un dono ka kisi bhi tarh ka contect...
han kar sakit hai .file karne se kaun rok sakta hai sabit karna alag bat hai are 5 sal se contact nahi hua to kya kabhi dekha bhi nahi ho to bhi file...


how to curb a conspired rape case by a sc girl. Criminal 27 Nov 2016
Dear Sir, pls note, my self sashi kant, belongs to orissa and working in Bangalore since 2008. i belongs to General caste. i have a land dispute with...
nothing can be done he will keep filing and you keep defending now you can file FIR against him for filing false case which was held false last time against...


Please help to get free from false allegation of rape u/s 376/2(f) Criminal 11 Nov 2016
My brother has been victimized after lodging a false FIR by our cousin for a family dispute. To destroy my brother\'s career and good image in our locality...
Please contest the matter. Please check medical report and evidence adduced by complainant . You can cross examine the victim .You will get all details...


Rape charges after getting marriage and divorce without consummation o Criminal 10 Nov 2016
Dear sir, I am 28 years old from Uttar Pradesh. I had a relationship with a girl for the last two years. Initially we were in relationship with the...
not by police but by her yes you have not raped police but some woman and if there is any complaint of rape police has to register . but registeration...


what is the punishment for the person who file nonbailble false rape c ANY 25 Oct 2016
sir if my girl friend parents book false rape case on mei wil not get bail as it is nonbailable case.i know that there is a chance og getting bail.if i...
if proved she can get life imprisonment also .false rape complain is as serious as rape . click


shall i be there in jail untill final judgement under false rape case ANY 22 Oct 2016
sir i am going to booked under false rape case. if that falae rape case is booked wil i be there until final judgement result. without knowing nd...
yes . unless yo get bail. the case is false will be known only when trial is over so then only you will be free . click


If a woman rapes a man, can the man lodge FIR under which provision Criminal 11 Oct 2016
If a woman rapes a man, can the man lodge FIR? under which provision?
there is no such provision as the man cannot be raped but yes he can file a complaint for the same, further the provisions of Indian penal code and other...


Accused for false rape case Criminal 11 Oct 2016
My brother was in a relationship with a girl for 5yrs. My brother is a doctor bow aged 30 and the girl aged now 27 as per she said. 3times she had went...
She will be trapped by her own case. You need to prove that there was no promise of marriage and relationship was consensual. During the course of hearing,...


I loved a girl , and I traped . we do phone sex many times . I need he ANY 30 Sep 2016
I am 23 years old boy . I has a serious relation with a girl age 21years . Many time we do sex chat . She also interested . But , we never do direct...
No sir she can't do anything . You go to police and tell them every thing as there was nothing in real . Give them all your chat details every thing was...


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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