What is Section 375 IPC? Rape
Published on: Lawiz Team
Learn about Section 375 IPC: Rape
Official Legal Text
A man is said to commit "rape" if he —
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra, or anus of a woman or makes her do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of body of such woman or makes her do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
First—Against her will.
Secondly—Without her consent.
Thirdly—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.
Fourthly—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.
Fifthly—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.
Sixthly—With or without her consent, when she is under eighteen years of age.
Seventhly—When she is unable to communicate consent.
Explanation 1: For the purposes of this section, "vagina" shall also include labia majora.
Explanation 2: Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act.
Exception 1: A medical procedure or intervention shall not constitute rape.
Exception 2: Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
What This IPC Section Means – Explained in Simple Words
Section 375 defines rape as engaging in sexual intercourse with a woman without her consent, against her will, or under specific prohibited circumstances.
Purpose
To protect women from being forced into sexual acts without their consent.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment not less than 7 years, which may extend to life, and fine; Enhanced punishment for aggravated circumstances.
Key Elements
1. Sexual intercourse must occur. 2. The act must be without consent. 3. It must be under any of the specified prohibited circumstances (force, threat, fraud, etc.).
Punishment Details
Imprisonment of not less than seven years, which may extend to life imprisonment, and a fine.
Illustrative Example
If a woman is forced into sexual intercourse without her consent, it is considered rape under Section 375.
Legal Defenses
If the woman gave free and voluntary consent, or if the act is between legally married spouses (under specific exceptions), it may not be considered rape.
Related Sections
Related to Section 376 (Punishment for rape) and Section 354 (Outraging modesty of a woman).
FAQs
What constitutes rape under IPC?
Sexual intercourse without consent, under coercion, misrepresentation, or on a minor.
What is valid consent?
An unequivocal voluntary agreement communicated through words or conduct.
What is the age below which consent is immaterial?
Below 18 years.
Punishment for rape under Section 375 IPC?
Punishment is defined under Section 376 IPC.
Example situation?
Forcing intercourse without consent.
Jurisdiction?
Sessions Court.
Cognizable and bailable?
Cognizable and non-bailable.