15-01-2013, 02:22 PM
Indian Penal Code Rape laws in India
Indian Penal.ppt (Size: 149.5 KB / Downloads: 32)
Introduction
Rape is a crime, has a devastating effect on the survivors; described as a “beginning of a nightmare”.
After shocks include: depression, fear, guilt-complex, suicidal-action, diminished sexual interest. etc.
Rape is a crime against basic human rights and is also violative of the victim's most cherished of the fundamental rights, normally, the ‘right to life’ contained in Article 21.
Incidence and prevalence:
South Africa: highest per capita rate of reported rapes in the world: 119 per 100000 people, as compares with 30 per 100000 in the US -UN.
Police statistics show more than 50000 rapes are reported every year in India.
In 1987 and 1991 number of cases reported were 7767 and 9793 respectively.
About 26% (11112) increase in the year 1992 - (NCRB).
one rape every 30 minutes in India.
SECTION 375- RAPE
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following 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.
Punishment for rape
(1) Whoever, except in the cases provided for by subsection (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 women raped is his own wife and is not under twelve years of age, in
376B. Intercourse by public servant with woman in his custody
Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a
offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Summary & Conclusions
Articles of Indian Constitution dealing with Offence of Rape: Article 21, 22, 38(1), 141.
Sections of the IPC: 375, 376, 228-A.
Sections of the CrPC: 53, 54-A, 327 (2), (3), 164-A, 176-A.
Sections of the IEA: 114-A, 155(4).
Amendments: 1949, 1983, 2005.
Landmark Judgments of the SC:
Bodhisathwa Gautam v. Subhra Chkraborty, (1996) 1 SCC 490).
Delhi Domestic Working Women’s Forum v. Union of India (1995) (1) SCC 14.