Rape LawsRape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)
Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. AMENDMENTS TO RAPE LAWS IN 1983 were made to address mainly 3 issues : 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 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) |