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Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)
A man is said to commit "rape" if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-
Against her will.
Without her consent.
With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years of age.
Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. AMENDMENTS TO RAPE LAWS IN 1983 were made to address mainly 3 issues :
A.Minimum Punishment in rape cases (IPC Section 376 sub section 1)
B.Special cases of rape (IPC Section 376 subsection 2 a-g )& A)
C.Marital Rape (IPC Section 376 A)
D.Abuse of official power (IPC Section 376,B,C,D) A.MINIUM PUNISHMENT (Section 376 subsection 1 of Indian Penal Code) 1. Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both : Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. Issues
Prior to this amendment, minimum punishment wasn't specified, hence this is commendable, but if the judge decides that there is an adequate reason the punishment can be reduced. B.SPECIAL CASES OF RAPE like rape of a girl who is below twelve years of age, rape knowing the woman to be pregnant , gang rape, and custodial rape definitions, Specific (and sometimes increased) Punishment in some of these cases Shift of burden of proof to defendant from the victim in some of these cases. (Section 376 subsection 2 (a-g) of Indian Penal Code) 1.Rape of a woman who is under twelve years of age ( Sec.376 Subsection 2- f)
Punishment
Rigorous imprisonment for a term which shall not be less than... ?id=8075
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