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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

Defense for male in case of false rape case » Criminal » 24 Nov 2022
There is a boy who was in relationship with a girl for last 5 year but there was not any promise to marry from boys side and now that boy don't want to...
He can give written complaint to SSP or concern police Station against this illegal demand. But if he is in relationship with the girl on ground of marriage...


Sec 376, 417 false rape case » Criminal » 15 Oct 2022
Got AB for sec 376 417.. chargesheet filed against was 376 417 506(1). Got chargesheet , medical certificate also. In MC there is no rape happened. How...
Dear client, As charge sheet has been filed, now court will frame the chages and start trial. In trial, you have to defend your case as per facts, circumstances...


Chaning stand while recording १६४statement in rape case . » Criminal » 22 Aug 2022
I filed fir of rape under family pressure against my lover but i really love him &want to marry.not recorded १६४statement yet Want to know is there...
At the time of bail you can File affidavit that physical intercourse was with mutual consent and you both are getting married so the in case also he will...


Rape case and video chat » Criminal » 31 Jul 2022
My friend she is the victim of rape case. From many yrs her bf was making false marriage promise then he betrayed her in that between he use to do her...
First of all register FIR against him for rape. Call or mail me through pathlegal for detailed discussion.


Rape what is the punishment of rape » ANY » 8 Jul 2022
I didn't had birth certificate 32 yrs I need advocate sign, court seal for name writeing in panjayath birth certificate email I'd of advocate court going...
. 376 Punishment for rape Description Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment...


How to prove rape after 3 years » 0 » 21 Jun 2022
Can rape be proved after 3years Someone raped me 3years before How to proove it now
Feel free to call through pathlegal and discuss. Supreme Court Lawyer.


Raped a 47 years old lady » Criminal » 20 Jun 2022
Can a guy be punished who is 29 years for raping a 47 years old lady
Rape is a rape, it can be on any woman of any age. File a criminal case against him under section 376 of Indian penal code. He will be send to jail. If...


Raped and sexual favors » Criminal » 18 May 2022
First was raped by two at one time when was upset they offered job and video blackmail , if I'm good they will make my life better and I should obey on...
So what is question ? go and file DIR. click


Rape case under section 156(3) » Criminal » 7 Feb 2022
For 'monitoring of investigation' by magistrate under section 156(3) after chargesheet 'further investigation' would be started or 'Re-invesitgation'?...
No rape case was under section 376 of Indian Penal code. 156(3) was private complaint if police refuse to lodge FIR so file the complaint under this 156(3)...


Rape case under section 376 » Criminal » 7 Feb 2022
For 'monitoring of investigation' after chargesheet 'further investigation' would be started or 'Re-invesitgation'? If monitor of investigation application...
Charge sheet is filed only after completion investigation. There cannot be further investigation after charge sheet. Investigation is privilege of police,...


Rape case under section 376 » Criminal » 3 Feb 2022
I have lost my 2 year old WhatsApp chat. May I apply to the court to retrieve whole WhatsApp chat? How can court help me to recover my WhatsApp chat?...
Your mobile was the case property . If your case is F.I.R. case then your mobile might be deposited in court. During investigation it must had to be taken....


Rape case under section 376 » Criminal » 3 Feb 2022
I have lost my 2 year old WhatsApp chat. May I apply to the court to retrieve whole WhatsApp chat? How can court help me to recover my WhatsApp chat? ...
Court is not made for recovery of your whatsapp chat. stop wasting time and energy here. Such absurd questions must not be asked.


Rape case under section 376 » Criminal » 2 Feb 2022
Telegram audio recording and WhatsApp audio and 3 WhatsApp screenshot recording without proving source of it can have evidentiary value? If accused present...
Yes it is evidence but it is secondary evidence


Rape case under section 376 » Criminal » 1 Feb 2022
Is WhatsApp audio recording presented by accused is an evidence in court? Can 2-3 year old messages can be produced from forensic? Can re investigation...
1. All electronic proof including whatsapp is admissible in Court as evidence. 2. Any message can be retrieved from internet, however old. 3. If the...


Rape case under section 376 » Criminal » 1 Feb 2022
Is WhatsApp call recording is an evidence in court? Can 2-3 year old messages can be produced from forensic?
Yes, That's a strong evidence and police machinery can obtain it as per their procedure.


My GF kept false rape case u/s 376 IPC » Criminal » 12 Nov 2021
In 2019 I loved a girl, Both loved each other we had physical relation too. In 2020, but due to some mis understanding she left me and roamed,slept,become...
she can not prove but you have to face trail .take anotherlkawyer usually bail is difficult but not impossible . love without marraige has its risk face...


Examination nd privacy of victim in rape case » Criminal » 19 Oct 2021
Every one says that rape examination is wrose than itself how they examine rape victim ? They say there will be male or female doctor nd what if there...
Such type of cases is very serious in nature and for which the court may give privilege to you on your request. If you would like to get great Legal Consultancy...


False Rape n sexual harassment case » Criminal » 11 Sep 2021
Need help...one of my friend slept wid her friend and now she is preganent...that girl wanted to marry him since long and they hardly know each other since...
Dear Sir/Ma'am Firstly you should approach to Police Department and register an FIR against the person who is blackmailing and before that you should...


Rape case where guy wanted to commit suicide because he is frustrated » Criminal » 30 Aug 2021
Sir I'm writing behalf of my friend who stays in Srinagar and it is a rape case his bail got rejected twice he is inside from 8 months so can he apply...
As such issue is not so serious as you people are thinking ir made it. Details of case like FIR, chargesheet etc are required to be examined to evaluate...


Rape marriage divorce » Criminal » 15 Aug 2021
I had relationships with guy 8 yrs he used me physically by false marriage promise and betrayed me n I filed complaint then he married me and now he is...
Dear Ma'am Unfortunately you do not have any legal remedy for this. He has not broken any laws as he married you as he had promised and so cannot be...


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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