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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

A foreign woman a raped by an Indian citizen in a foreign land Criminal 2 hour(s) ago
My friend is a foreign national and was working as a house maid in a GCC country. There she met an Indian guy who is working in a MNC. They became good...
1)Yes sec 188 applicable in this case... 2) Yes she can register the FIR here. 3)Yes she can claim.. Hit like...


How to withdraw a rape case before medical examination Criminal 9 Jul 2020
How can a rape case be withdrawn?? And can a person withdraw a rape case before medical examination??
sir, the case will withdraw at the stage of evidence & complainant have to present in court & submitt in the court that accused has not done anything...


Regarding proving innocence by the accused, in rape investigation Criminal 3 Jul 2020
Is the accused interviewed by the investigating officer(s) in police investigation of allegation of sexual assault or cognizable offence like 'rape,' in...
you can file anticipatory bail in district court.


Under section indian peanal code 375 rape cases Criminal 23 Jun 2020
What other test is done if the rape victim refuses the two-finger test on the genitals during the investigation?
sir this test is illegal .and do not ask this type of question on public plat form , it is defamation for a girl . sir test which are to be done , can...


Burdem of proof in false rape claims after 1 year Criminal 4 Jun 2020
If a girl registers false rape case against someone after 1.5 yrs then who has the burden of proof.. As no medical report would be there as no intercourse...
I need more facts about the situation. Since you have a specific query, a detailed discussion is necessary in order to provide an effective remedy. Better...


How can I tackle this rape case which is totally false.. ANY 26 May 2020
I have a rape case but that is totally wrong a devorce woman trap me and want to marry with me .. now she is telling me several time that I want to compromise...
I need more facts about the situation. Since you have a specific query, a detailed discussion is necessary in order to provide an effective remedy. Better...


False accusations of rape Criminal 24 May 2020
Husband being falsely accused of rape by his ex girlfriend. Husband is in Army. Need urgent legal advice
File a FIR and I need more facts about the situation. Since you have a specific query, a detailed discussion is necessary in order to provide an effective...


Rape case refund please do reply. Criminal 23 May 2020
Hello Good afternoon, This is Dr Swapnesh Tiwari My Father was a criminal lawyer, he accepted a client who was forcing him to fight a case against a rape...
lawyer has taken his fees for efforts for client. So if bail is granted or rejected no need to pay refund to client. click like gift.


False rape and sexual harrasment cases Criminal 21 May 2020
Hello sir I need a help of u. As we know that many people are filing wrong or a false rape and sexual harrasment cases due to which sometimes real...
Women who file the false case are punished with 2 years imprisonment with cost fine.


Implication in false rape case Criminal 14 May 2020
Suppose a girl and boy have a consensual physical relationship...then later they break up due to some reason...can the girl file a false rape case as a...
Need to file letter of complaint stating the whole circumstances to many authorities in order to safeguard against the false case which moght be lodged...


False rape allegation Criminal 1 May 2020
I am Nivedita Kasani from Srinagar. My friend Sudeepti Bhatnagar has filed a rape complaint against me. She has clearly done with malicious intention....
first obtain bail after file F.I.R QUASH PETITION IN HIGH COURT & F.I.R WILL BE QUASH BCOZ NO ANY CASE CAN BE FILED ON WOMEN FOR RAPE OF WOMEN. YOUR CASE...


False rape claim in india ANY 24 Apr 2020
What will happen if someone registers a false rape complaint against someone after 1.2 yrs
as soon as f.i.r register the police will arrest the accused so file anticipatory bail in district court as early as possible to avoid arrest from the...


Rape attempt allegation Criminal 22 Apr 2020
In march 2019 I was with my few friends and a girl from work partied for almost two days .. the girl and me were dancing being cosy and we kissed a few...
sir when it is too long time then why dragging the same .


Rape attempt allegation Criminal 22 Apr 2020
In march 2019 I was with my few friends and a girl from work partied for almost two days .. the girl and me were dancing being cosy and we kissed a few...
I think almost.. 1 year.. And very less possibllty to go court.. Ntg to worry u need to defend.....


My bf promised me to get married and am feeling being raped by him Criminal 21 Apr 2020
My boyfriend promised me to get married with me, after that we had consexual sex for years, then he broke up with me and living with some other girl. I...
madam, file complain to police station for rape , breach promise for marriage, threat.


Fake rape allegation on a 14 year old girl Criminal 20 Apr 2020
Sir/Ma'am My friend, a girl who was in 9th std about 17 years ago, today a fake case has been filed by her own father and his colleagues that of raping...
1) The complaint attracts section 468 of the Criminal Procedure Code, 1973 which bars the police and the Court to take cognizance of such offence after...


Attempt to rape dhamki aur blackmail ki dhara k Criminal 19 Apr 2020
Thane se dhara lagi h ki pasco aur 354 A iske tahat mujrim ko saja kaise dilayi jaye Ladki ki umra 16 sal h Teen mujrim h ek bachav karke dhamakane...
agar attempt of rape hai, lekin rape nahi hai to fir use 7 saal ki saza hogi . dhamkane ke sirf panalty hoti hai .


Attempt to rape, molestation , emotional and sexual abuse Criminal 19 Apr 2020
attempt to rape, molestation, manipulation. a 21 year old girl had to face all the above. the predator was very well known to her. there was a breach...
R/s yes if she complain police station for last for to five years regurally harash with promise for marriage complain can be file


Time taken by the rape case to get a hearing ANY 15 Apr 2020
How much time it takes for a rape case to get hearing in court?? Does it take so much time and the accused who was falsely charged in case remain in jail...
first tell me detail about the case than an than only i can give you accurate information.


In how much time hearing is done in rape cases ANY 15 Apr 2020
Are there fast trial coirts in rape cases?? I have heard that if you are suffering from false rape case then your case will me pending for lomg time...
Rape cases are generally tried in fast track courts. Donot believe on hearsay about law and trail. In criminal cases generally on every 15 to 20 days 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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